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TERMS OF USE

Terms of Use for MASTERMIND TOKYO

Isolar Co., Ltd., (hereinafter “the Company”) hereby establishes as follows the terms of use (hereinafter “these Terms”) for the service (hereinafter “the Service”) that it provides by means of the operation and management of the online shopping website MASTERMIND TOKYO, which is operated by the Company. Use of the Service is conditional on the acceptance of all provisions of these Terms, so please be sure to read these Terms before registering.

Article 1. Applicability and modification of these Terms

These Terms apply, between the Member (as defined in Article 2, Paragraph 1) and the Company, to the use of the Service, and are to be complied with during the registration process and after registration.
The provisions of these Terms can be added to or revised, without the prior consent of the Member, by notification being given to the Member, whether by posting on the website, by e-mail, or by other means that the Company judges to be appropriate.
In the event that these Terms are revised, the Member shall comply exclusively with the revised version of these Terms.

Article 2. Member registration

A “Member” means an individual who has accepted the entire content of these Terms, has applied for member registration in accordance with the procedure prescribed by the Company, and has been approved for membership by the Company.
A person desiring to be registered as a Member must carry out the member registration procedure personally, in accordance with the method specified by the Company, at the member registration page for the Service. Under no circumstances may registration be carried out by anyone other than the applicant him/herself.
If, in the case of a person who has applied for member registration, any of the grounds listed below apply, then the Company may either refuse registration or cancel without notice a registration already made.
The person is found to have been subjected to measures such as cancellation of member registration for reasons such as having violated terms relating to any kind of service provided by the Company.
The application for member registration contains one or more false items.
There has been nonperformance, such as delay in paying a financial obligation, with regard to fees, etc., relating to products or services (hereinafter “products, etc.”).
The person committed one or more of the actions indicated in Article 6 (Prohibitions) of these Terms.
The person otherwise violated these Terms.

Article 3. Revision of registration information

In the event of a change in any or all of the information that has been registered, the Member shall, without delay, revise what has been registered, doing so using a method stipulated separately by the Company.
If the Member neglects to make such notification, processing that is based on the information previously registered shall be regarded as proper and valid.
In addition, the Company shall bear no responsibility whatsoever for any damage that may occur owing to a revision of registration not having been carried out.

Article 4. Managing of user ID and password

The Member assumes full responsibility for the use and management of the user ID and password that, at the time of member registration, etc., the Member personally set, and that were accepted and registered.
The Member shall not transfer, grant in inheritance, transfer title for, lend, disclose, or leak his/her user ID and/or password to any third party.
The Company shall bear no responsibility whatsoever for any problems involving the Member’s use or management of his/her user ID, password, or credit card number, or for any damage caused by unauthorized use, etc., of the same by a third party.

Article 5. Withdrawal from membership

If the Member wishes to withdraw from membership, the Member is asked to kindly delete his/her member information by personally carrying out the withdrawal procedure prescribed by the Company.

Article 6. Prohibitions

The Member shall not perform any of the acts listed below when using the Service.

Acts that violate these Terms or infringe on laws or regulations, acts that lead to criminal acts, acts contrary to public order and decency, or acts that potentially could result in any of the foregoing.
Inputting false information or inputting the information of a third party when registering for membership or revising one’s registration information.
Acts that obstruct the operation of the Service or acts that have the potential to obstruct the Service.
Acts that infringe on the property rights, on the privacy rights, on the intellectual property rights such as copyright, or on any other rights that pertain to another member, a third party, or the Company, or acts that have the potential to so infringe.
Acts that slander, that defame, or that damage the reputation of another member, a third party, or the Company, or that have the potential to do so.
Acts that cause annoyance, disadvantage, or damage to another member, a third party, or the Company, or that have the potential to do so.
Using a user ID or a password in an unauthorized manner.
Purchasing items for a commercial purpose, e.g., someone who is in the same business as the Company purchasing in order to resell to others.

Article 7. Copyrights, trademarks, and other intellectual property rights

Any and all copyrights, trademarks, or other intellectual property rights for any content (e.g., texts, illustrations, designs, photographs, images, logos, icons, videos, and programs, hereinafter “content”) that is provided by means of the Service belong to the Company or to third parties holding legitimate rights, and members and users may not engage in acts that infringe on said rights.
The unauthorized use (e.g., duplication, alteration, diversion, transfer, distribution, posting, sale, or publishing) of the content of the Service or any other content, whether in whole or in part, regardless of the purpose involved, is strictly prohibited.
In the event of the Member being involved in a dispute with a third party as a result of the Member violating the provisions of this article, the Member shall resolve such dispute at his/her own responsibility and expense, and shall cause no damage, loss, disadvantage, etc., to the Company.

Article 8. Purchasing of products

The Member may use the Service to purchase products, Tax relating to imports of receiving countries,etc., from the Company.
When purchasing products, etc., the Member shall make an application for purchase in accordance with the method specified by the Company.
When the Company has finished acceptance processing for an application submitted as per the preceding paragraph and sends to the Member an e-mail notifying him/her of the product(s) having been shipped, there shall come into effect, at the time of the sending of the e-mail, a sales contract between the Member and the Company with regard to said products, etc.
Notwithstanding the provisions of the preceding paragraph, if it becomes clear, even after a sales contract for the said products, etc., has come into effect, that the Member has performed improper or inappropriate acts with regard to the use of the Service, or there is reason to strongly suspect such acts, the Company may, at its discretion, cancel, rescind, or take other appropriate measures with regard to the sales contract. The same shall apply if it becomes clear that there was any obvious written error regarding the terms of sale (e.g., the price of the products, etc.) that the Company presented on the Service.
The application for purchase shall be made by the Member him/herself. If products, etc., are nevertheless purchased by a third party on behalf of the Member or purchased through the lending of the Member’s name, the Member shall assume all rights and obligations arising from the purchase of the products, etc.

Article 9. Payment method

The Member shall bear all shipping costs related to the delivery of products, etc.
is subject to the conditions that the Member will have contracted separately with his/her credit card company. In the event of any dispute between the Member and said credit card company or other third party, the dispute shall be resolved by the two parties to the dispute, and the Company shall bear no responsibility whatsoever.

Article 10. Returning and/or exchanging of products

The Company will only accept returns/exchanges of products if the Member, in accordance with the provisions set forth by the Company below, contacts the Company at the Contact point for returns/exchanges indicated under Shopping guide within seven days after the arrival of the product(s).
The Member must send the product(s) back to the Company in accordance with the procedure established by the Company below.
The Company will only bear shipping costs for returns/exchanges that occur for reasons attributable to the Company, such as defective products or delivery errors.
The Company will accept no returns/exchanges whatsoever that are not due to reasons attributable to the Company, such as defective products or delivery errors, but are due instead to reasons attributable to the Member, such as the product(s) being of the wrong size or presenting a different image than expected.
If the Member desires an exchange, the Company will ship the replacement product(s) to the Member once the product(s) have arrived at the Company and are ready for shipping.
If, for reasons such as items being out of stock, an exchange is not possible, the Company will provide a refund. Any refund will be carried out in accordance with provisions stipulated separately.

Article 11. Disclaimer relating to products, etc.

Unless stated otherwise, warranty conditions for products, etc., that are traded on the Service shall be governed by what is written in the product warranty that is attached. While the Company endeavors to ensure that the product images posted are as accurate as possible, screen settings and photography techniques may make the hues, sizes, etc., in the images differ somewhat from those of the actual products.
With regard to products, etc., traded on the Service, the Company assumes no warranty or responsibility whatever for the quality or performance of the products, their compatibility with other products, other defects, or any damage, loss, or disadvantage arising from these, other than what is established in Paragraph 1 of this article.
The Company assumes no responsibility for any problems, due to factors such as an uncertain delivery destination, that may occur after such time as the Company has handed over the product(s) to a delivery company that it has contracted with and requested that the product(s) be shipped to the shipping address that the Member has registered.

Article 12. Information management

The Company shall use for the purposes indicated below the member information that it acquires. In addition, the Company may, in order to achieve these purposes of use, entrust the information to subcontracted companies selected by the Company or share the information with third parties (including the companies making up the corporate group to which the Company belongs) that have been designated by the Company.

Managing the members and users of the Service
Issuing e-mail newsletters
Providing services, etc.
Introducing, advertising, publicizing, or carrying out sales solicitation for the Company’s products, etc.
Shipping products
Providing customer support
Planning marketing campaigns, etc., and conducting surveys
Providing content that is related to the Service
Marketing activities that make use of information that has been modified so that individuals cannot be identified
As a general rule, the Company does not disclose or provide to third parties, without the Member’s prior consent, member information that the Member has disclosed in the member registration procedure or in subsequent revision of registered member information. The Company shall, however, have the right to disclose and/or provide said information without the Member’s prior consent in the situations indicated below.

When the data has been processed into a statistical form in which members cannot be identified.
When the Company receives a request, pursuant to laws, regulations, etc., for the disclosure and/or providing of member information.
If a member has submitted information (e.g., comments) after consenting to the Company using such information, and, for instance, the information is found to clearly damage the name or trustworthiness of another member, a third party, or the Company, or is found to infringe on laws or regulations, the Company may, if it judges it to be necessary, delete the information or change where it is placed without notifying the member.
In addition to what is set forth in the preceding three paragraphs, the Company shall handle acquired member information in accordance with a privacy policy that it establishes separately.

Article 13. Use of the Service

The Member shall consent to these Terms and to On the Handling of Personal Information (established separately by the Company) prior to using the Service. Furthermore, if any of the circumstances indicated below apply to the Member, the Company may, without notice, cancel the Member’s registration or suspend his/her use of the Service.

・The Member violates these Terms.
・Circumstances are noted that make it possible to conclude that the Member’s ability to pay has become doubtful.
・One or more products are out of stock, and cannot be easily delivered.
・Delivery cannot be made because the delivery address is uncertain or the Member has been absent for a considerable time.
・There have been improper or inappropriate acts with regard to the use of the Service.
・It becomes clear that there were one or more obvious written errors regarding the terms of sale (e.g., the price of the products, etc.) presented on the Service.

Article 14. Changes to or discontinuation of the Service

In any of the circumstances indicated below, the Company may suspend, change, or discontinue the Service without notice.

・Urgent maintenance/inspection is necessary for reasons such as problems with the computer system (hereinafter “the System”) used to provide the Service.
・Operation of the System becomes difficult as a result of fire, power failure, natural disaster, or other force majeure.
・Operation of the System becomes difficult as a result of a man-made disaster (e.g., war, riots, uprisings, or labor disputes).
・Operation of the System becomes difficult as a result of factors such as interference by third parties.
・The Company judges that the System needs to be stopped for some reason.

Article 15. Other disclaimer items

The Company shall be free of any responsibility for whatever damage a member may suffer due to the Company carrying out administrative processing in accordance with a user’s registered information.
The Company shall bear no responsibility whatsoever for damage due to interruptions, delays, or stoppages of the System, or damage that members may suffer due to web pages being tampered with, when such damage arises as a result of malfunctions in communication links, computers, etc., that occur in spite of the Company having taken considerable safety measures.
The Company does not warrant that e-mails or content sent from the Company’s web pages, servers, domains, etc., will be free of computer viruses or other harmful items.
Although the Company may provide members with appropriate information or with advice, the Company does not thereby assume any liability.
The Company shall bear no responsibility whatsoever for damage, etc., caused by members violating these Terms.
If a member, by using the Service, causes damage, etc., to another member or a third party, the member who caused this shall resolve the issue at his/her own responsibility and expense and shall not cause the Company to incur any damage, etc., whatsoever.

Article 16. Governing law and agreed court of jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan, and in the event that legal action becomes necessary regarding these Terms, it is agreed that the Tokyo District Court shall have exclusive jurisdiction in the first instance.

Effective September 1st, 2017
Isolar Co., Ltd.