Terms of service
Terms of service
- 1. Agreement to Terms
- 2. Revisions and Amendments of Terms
- 3. Provision of Customer Information
- 4. Usage by Minors
- 5. Purchase
- 6. Prohibited Acts
- 7. Remedies for Breach
- 8. Intellectual Property Rights
1. Agreement to Terms
1.1 The Terms are applicable to any and all the relationships between us and customers regarding the use of our Services.
1.2 Customers shall use our Services in accordance with the Terms, and shall not use our Services unless they agree to the Terms.
1.3 Upon completion of the purchase of the product offered by our Services, the customer and we shall form the Service Usage Contract ("Contract") in accordance with the provisions of these Terms.
1.4 The Contract is a summary of various policies for providing our Services which include obtaining voice information from customers, processing the voice information to sound waves, engraving the sound waves on knives which have been selected by customers, and shipping the knives to designated addresses. Based on the above noted purposes, we strive to provide exceptional services in order to offer knives to the recipients to their satisfaction.
2. Revisions and Amendments of Terms
2.1 In the event that we determine that any of the following items apply to the circumstances, we shall, at our discretion, amend the Terms (including various rules and policies that are available on our website regarding our Services. The same shall apply hereinafter in this article).
2.1.1 The contents of the amendments achieve the general interest of our customers.
The contents of the amendments are not contrary to the purposes of the Contract, and are reasonable in the context of the necessity and equivalence of the amendments as well as other circumstances.
2.2 In the event of amending the Terms pursuant to the preceding paragraph(s), we shall announce the amended contents at least one (1) month prior to the effective date of the amended Terms. When a customer uses our Services (including viewing information about our Services on our website) on or after the effective date of the amended Terms, it is deemed that they have agreed to the contents of the updated Terms.
2.3 In addition to the stipulations of the preceding paragraph(s), in the event that we attempt to amend the Terms, we shall notify customers and obtain individual agreement. Customers shall, at their own responsibility, confirm the up-to-date Terms as needed when using our Services.
3. Provision of Customer Information
3.1 Customers who use our Services shall agree to comply with these Terms, and shall be able to purchase our products by providing their information as we specify in a method we designate.
3.2 Upon using our Services, customers must truthfully and accurately provide us with information regarding themselves (including but not limited to information on sound waves to be engraved on our products) as well as information that we require to offer Services ("customer information").
3.3 In the event that any of the following items apply to a customer, we may refuse to sell our products to or restrict the usage of our Services by such a customer.
3.3.1 When a customer is a minor, adult ward, under conservatorship, or under limited guardianship, and they have not obtained consent from their legal representative, guardian, conservator, or assistant.
3.3.2 When all or part of the information provided to us includes a misstatement, error, or omission.
3.3.3 When a customer was, or is currently under suspension of the use of our Services.
3.3.4 When a customer failed to fulfill their obligations as stipulated in the Contract or any other contracts concluded with us in the past, or when a customer is deemed liable to neglect their obligations as stipulated in the Contract.
3.3.5 When we determine that the Article 8.1.8 applies to a customer.
3.3.6 Otherwise, when we determine that it is not appropriate to sell our products to a customer.
3.5 We shall use the voice information obtained from a customer for the sole purpose of engraving it on the knife purchased by the customer and playing the voice information by reading the engraving. In the event that we use the voice information for any other purposes, we shall obtain individual consent from each customer and the voice information shall not be used for any forms that are not recognized by the customer.
4. Usage by Minors
4.1 Minors must obtain consent from their legal representatives upon taking any action including the placement of an order and use of our Services.
4.2 When a customer agrees to the Terms as a minor and uses our Services after reaching the legal age of majority, it is deemed that any and all preceding legal activities regarding our Services has been subsequently confirmed.
5.1 Customers may purchase knives as gifts by using our Services and shall pay the amount as specified separately ("purchase price") by the date and method as designated by us. Any associated service charges shall be at each customer's own expense.
5.2 The products that are purchased by a customer through our Services shall not be cancelled, returned, or exchanged for whatever reason, with the exception of the events as stipulated in the Shopping Guide.
5.3 In addition to the stipulations of the preceding paragraph(s), in the event that we need to cancel an order due to our convenience and circumstances, we shall assume any associated charges.
6. Prohibited Acts
Customers themselves or through a third party shall not conduct, directly or indirectly provoke or facilitate any of the acts as stipulated in the following items.
6.1 Acts that violate the laws and regulations, or are contrary to the public order and molarity.
6.2 Acts that induce malfunction of our Services.
6.3 Acts of purchasing our products for the purpose of reselling them.
6.4 Acts that shall or may violate or promote the violation of the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding.
6.5 Acts of disassembling, decompiling, reverse engineering, or decoding the source code of our Services.
6.6 Acts of conducting unauthorized access to the systems that are connected to our Services, or illegally rewriting or deleting information accumulated in our equipment.
6.7 Acts that infringe copyrights, moral rights, neighboring rights, or any other intellectual property rights of us and/or a third party.
6.8 Acts that may be unreasonably harmful to the rights of us, other customers, and/or a third party.
6.9 Acts that lead to the misrepresentation of us and/or a third party.
6.10 Acts of using another customer's account.
6.11 Acts that are contrary to the intent and purpose of the Terms and our Services.
6.12 Acts other than those set forth in previous items that we reasonably deem to be inappropriate.
7. Remedies for Breach
7.1 In the event that we determine any of the following items apply or may apply to a customer, we may, at our discretion and without any prior notice, suspend or restrict the use our Services by, delete the account of, or terminate the Contract with the customer regardless of their responsibilities.
7.1.1 When a customer breaches any of the articles of the Terms.
7.1.2 When a customer delays or neglects payment of the purchase price or any other payment to us through our Services (including when a credit card payment does not go through).
7.1.3 When all or part of the information provided to us includes a misstatement.
7.1.4 When a customer is a minor, adult ward, under conservatorship, or under limited guardianship, and they have not obtained consent from their legal representative, guardian, conservator, or assistant.
7.1.5 When a customer becomes unable to pay, admits their inability to pay, or files the institution of proceedings for bankruptcy, civil rehabilitation, or similar procedures.
7.1.6 When a customer fails to respond to our inquiry or any other requests for a response within seven (7) days or a period as designated by us separately.
7.1.7 When a customer was, or is currently under suspension of the use of our Services.
7.1.8 When a customer belongs to antisocial forces, or when we determine that a customer interacts with or is part of antisocial forces. It includes when a customer cooperates with or is involved in the maintenance or operation of any antisocial forces by providing funding or conducting any other acts.
7.1.9 When we determine that it is necessary for the operation or maintenance of our Services.
7.1.10 When any of the items of the Article 542(1) or Article 542(2) of the Civil Code apply to the circumstances.
7.1.11 When we determine that the circumstances come under any of the preceding items.
7.2 A customer shall not evade any and all obligations or debts (including but not limited to compensation for damage) against us or a third party in accordance with this Contract.
7.3 We shall not be liable for any damages suffered by customers due to our acts in accordance with this Article. We shall be able to retain and use the information we have obtained regarding such customers after their use of our Services is suspended.
7.4 When we determine that any of the items of the Article 7.1 apply or may apply to a customer or on any other occasions where it is found to be necessary, we may request the suspension of said violation to the customer, and the customer shall respond to our request within the period specified by us.
8. Intellectual Property Rights
Intellectual property rights (patent, copyright, trademark, and any other intellectual property rights) regarding our Services and products shall be retained by us or a duly authorized third party, regardless of whether or not a customer purchases our product.
9. Termination of the Use of Services
Customers may terminate the use of our Services by deleting their account or through any other ways as designated by us. Such customers shall not be able to use our Services from the point of their termination of the use of our Services.
10. Changes, Interruptions, Termination of Services
10.1 We may change or add all or part of our Services without any prior notice to customers.
10.2 We may terminate our Services at our discretion by posting prior notice to customers on our website or using a method that we consider appropriate. In case of emergency, we may terminate our Services at our discretion without any prior notice to customers.
10.3 We may temporarily suspend providing all or part of our Services without any prior notice to customers in case of the occurrence of any of the following items.
10.3.1 When conducting regular or emergency maintenance or repair of communications equipment for our Services.
10.3.2 When there is heavy load on the system due to excessive access or any other unexpected factors.
10.3.3 When there is a need to ensure security of customers.
10.3.4 When telecommunications services are not provided.
10.3.5 When it is difficult to provide our Services due to force majeure such as acts of God.
10.3.6 When it is difficult to provide our Services due to fire, power outage, any other unexpected accidents, war, conflict, upheaval, riot, or labor dispute.
10.3.7 When we are unable to operate our Services due to laws and regulations or measures under laws and regulations.
10.3.8 When we determine necessity upon any other occasions that are equivalent to the preceding items.
10.4 We shall not be liable for any damages suffered by customers due to our acts in accordance with this Article.
11. Limitation of Liability
We shall compensate for loss or damage incurred by customers in using our Services to the extent of general loss or damage caused by our negligence. We shall not be liable for the loss of income or special loss or damage. In the event of loss or damage incurred by customers due to our willful or gross negligence, we shall be liable for compensating for such loss or damage.
12. Disclaimer of Warranties
Other than specified in the Terms, we shall not guarantee that our Services are suitable to specific purposes of customers; meet customer expectations with regard to function, product value, accuracy, usability, security, and lawfulness; are free of defects, errors, bugs, and malfunctions in terms of security; or do not infringe upon any rights of third parties.
13. No Assignment
13.1 Unless prior written consent is obtained from us, customers shall not assign, pledge any rights as security, or otherwise dispose of their obligations or titles under this Contract to any third party, whether in whole or in part.
13.2 Customers shall agree in advance that in the event we transfer its business relating to our Services, we shall be able to transfer our title, rights and obligations under the Contract, in addition to transferring customer information and other customer data to the transferee. Any transfers of business as provided for in this paragraph shall include mergers through which we are dissolved, absorbed or spun off; or any split-ups under which we become the general successor.
14.1 In the event that any provision of the Terms is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms shall continue in full force and effect. Customers and we shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated based on the original provisions.
14. 2 In the event that any provision of the Terms is determined to be void, invalid or unenforceable in whole or in part with respect to a customer, such determination shall not affect the validity of our relationship with other customers.
15. Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan, and any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transactions under the Terms and Contract.
【Enactment January 1st 2021】