YUPPY QUOKKA CO., LTD. (hereinafter referred to as “our company”) sets forth the terms of use (hereinafter referred to as “these terms”) for the YUPPY QUOKKA online store (www.yuppyquokka.co.jp operated by our company, hereinafter referred to as “this service”) operated by our company as follows.
Article 1 Scope of application and changes to these terms
These terms shall apply to our company and the users defined in Article 3 regarding the provision and use of this service.
If it becomes necessary to change these terms due to amendments to laws and regulations, changes in social conditions, or other circumstances, our company may change these terms in accordance with applicable laws and regulations. In this case, our company will notify users of the changes to these terms, the contents of the changed terms, and the effective date of the changes by posting them on our website or other methods.
Article 2 Use of this service
Users shall use this service after agreeing to these terms and in accordance with these terms and the usage guide separately stipulated by our company.
If a user is a minor, they shall use this service with the consent of their legal representative.
Article 3 User
“User” refers to a person who uses this service, such as browsing this service or purchasing products through this service.
Article 4 Membership Registration
A user shall apply for membership registration in order to use this service.
If it is found that the applicant for membership registration has previously been terminated due to a violation of these terms and conditions, if the applicant’s application contains false information, or if the Company reasonably determines that it is inappropriate to approve the application for membership registration, the application may not be approved.
If the applicant for membership registration is a minor, the application for membership registration must be made with the consent of a legal representative.
If there is a change in the address, name, telephone number, or other registered information, the user must notify the Company in a manner separately specified by the Company.
Article 5 Suspension of provision of this service, cancellation of membership registration
If the user falls under any of the items specified below, the Company may suspend provision of this service or cancel the user’s membership without prior notice to the user.
(1) If it is discovered that the user’s membership has been cancelled in the past due to a violation of these Terms and Conditions, etc.
(2) If there is a delay in payment for this service or other default on debts
(3) If the user commits any of the acts (prohibited acts) set out in Article 7
(4) If a minor registers as a member or uses this service without the consent of a legal representative
(5) If the user is a member of an anti-social force as set out in Article 16
(6) If the user otherwise violates these Terms and Conditions
Article 6 Withdrawal
If the user wishes to withdraw from the membership, the user must apply for withdrawal in accordance with the method specified by the Company.
The Company may retain the user’s information for a certain period of time even after withdrawal in accordance with applicable laws and regulations.
Article 7 Prohibited Acts
Users must not commit the following acts.
(1) Submitting false registration details when registering as a member
(2) Any act that interferes with the operation of this service or may otherwise interfere with this service
(3) Using this service with a fraudulent credit card
(4) Using an email address and password fraudulently
(5) Reselling, reselling, or otherwise purchasing products through this service for profit
(6) Transferring coupons, etc. distributed by our company to a third party, whether for a fee or free of charge
(7) Any act that causes inconvenience, disadvantage, or damage to other users, third parties, or our company, or any act that may do so
(8) Any act that violates public order and morals or other laws and regulations, or any act that may do so
(9) Fraudulently applying for or holding multiple membership registrations
(10) Any other act that our company reasonably deems inappropriate
Article 8 Copyright
Copyrights or trademarks for the text, images, designs, etc. used in this service, as well as all other intellectual property rights, belong to our company or other legitimate copyright holders, and users shall not engage in any act that infringes these rights.
If a problem occurs between a right holder or a third party in violation of the provisions of this article, the user shall resolve the problem at his/her own responsibility and expense, and shall not cause any inconvenience or damage to the company, unless the problem is due to reasons attributable to the company.
Article 9 Management of ID and Password
The user shall manage the ID (email address) and password set by the user at his/her own responsibility.
Except for cases where the problem is due to reasons attributable to the company, the company shall not be liable for any damages caused by the user’s improper management of the ID (email address) and password, erroneous use, or use by a third party.
If the user finds that the ID (email address) and password are being used illegally by a third party, the user shall contact the company immediately.
The user shall be aware of the risk of leakage, etc., associated with the act of transmitting credit card numbers when using this service, and shall do so at his/her own responsibility.
Article 10 User Information
When using this service, the company will obtain the following information about the user (including personal information, hereinafter referred to as “user information”). The company will handle user information in accordance with the Personal Information Protection Policy.
Membership registration information as specified in Article 4 (credit card information will be used only for the user to purchase products).
User identification information, site activity history information, and computer and connection information
Article 11 Purchase of products
Users can use this service to purchase our products.
If a user wishes to purchase a product, he/she must apply for the purchase of the product in accordance with the method specified by our company.
A sales contract for the product will be concluded between the user and our company at the time when our company sends a notice to the user that the application in the previous paragraph is accepted.
Article 12 Cancellation of contract and other necessary measures
If any of the following events occur, our company may cancel the sales contract.
(1) If the user violates these terms and conditions
(2) If the credit card company designated by the user notifies the user of a credit default
(3) If circumstances are discovered that could be deemed to have compromised the user’s ability to pay
(4) If the product is out of stock and cannot be delivered easily
(5) If the delivery address is unknown or the recipient is absent for a long period of time and delivery is not possible
(6) If a convenience store or store pickup is specified and the product cannot be received for a certain period of time
(7) If a minor purchases the product without the approval of a legal representative
If it becomes necessary to ensure the security of the user, our company, or a third party, our company may block access to this service, suspend or discontinue the provision of all or part of this service, register IDs (email addresses) and passwords, cancel membership registrations, or take other appropriate measures.
Article 13 Management of Information
Our company may, at its discretion, delete comments and other information posted by users without notifying the user if any of the following items apply.
(1) If the information is deemed to clearly infringe the copyright or other rights of our company or a third party, or to damage the reputation or credibility of our company or a third party
(2) If the company receives a warning from a third party that the information infringes the copyright or other rights of a third party, or damages the reputation or credibility of a third party
(3) If the information violates laws and regulations
(4) If a government agency or other public institution has ordered the information to be deleted based on legal grounds
(5) If the information is otherwise deemed inappropriate for the operation of this service
If the user falls under any of the preceding paragraphs, our company may refuse the user’s access to all or part of this service without any notice.
Article 14 Suspension of service
In order to maintain the good operation of this service, our company may suspend the provision of all or part of this service without prior notice to the user if the user falls under any of the following items.
(1) When necessary for regular and emergency maintenance of the system
(2) When the operation of the system becomes difficult due to fire, power outage, or interference by a third party
(3) When the Company judges that it is necessary to suspend the system for other reasons
Article 15 Other Disclaimers
When the Company is obligated to notify the user, the Company will fulfill its obligation by notifying the user to the email address registered in advance, and in the case of delivery of the product, by delivering the product to the address specified by the user at the time of purchase.
Regardless of the legal cause of the claim, the Company shall not be liable for any damage, loss, disadvantage, etc. incurred by the user in relation to the use of this service due to reasons beyond the Company’s control.
Notwithstanding the preceding paragraph, the Company shall not be liable for any damage incurred by the user due to the inability to use this service.
If the user causes damage to a third party by using this service, the user shall resolve the matter at his/her own responsibility and expense, except when the cause is attributable to the Company, and shall not cause any inconvenience to the Company.
When changing a user’s password, etc., the Company will verify the user’s identity using a method specified by the Company, and the Company will be exempt from liability to the extent that there is no error in the method.
The user shall bear the costs of installing the computer equipment and communication equipment necessary for the user to use the Service, the telephone charges, LAN usage fees, application fees, etc., incurred to use the Service.
The user shall use the following recommended browsers to use the Service, and the Company shall not be liable for any problems arising from the use of a browser other than the browsers recommended by the Company, and shall not accept any questions.
Article 16 Exclusion of Antisocial Forces
The user shall promise the Company the following items.
(1) The user is not a member or affiliate of an organized crime group, an organized crime-related company, a corporate racketeer, or any person or member equivalent to these (hereinafter referred to as “antisocial forces”).
(2) The user shall not use the Service to allow antisocial forces to use the user’s name or to benefit antisocial forces.
(3) You will not, either by yourself or through a third party, use threatening language or violence against the Company, or use fraud or force to disrupt the Company’s business or damage its credibility.
If a user violates the preceding paragraph, the Company may cancel the user’s membership registration or terminate the contract, or take other measures set forth in these Terms and Conditions, without any notice or warning to the user.
The Company shall not be liable for damages, compensation, or other losses incurred as a result of the measures set forth in the preceding paragraph. In addition, the user shall compensate the Company for any damages, etc. incurred as a result of the violation of paragraph 1.
Article 17 Governing Law and Jurisdiction
The governing law of these Terms and Conditions and the guidelines applied to the Service shall be the laws of Japan. In addition, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any disputes arising from the use of the Service (including court arbitration procedures).
Supplementary Provisions:
Effective April 6, 2021