Terms of service

CNCTOR JAPAN Inc. ("73eats") has set forth these terms of use ("Terms of Use") for providing the application service titled 73eats ("App") that helps the user’s traveling abroad and shopping, and any other relevant services (the App and these services shall collectively be referred to as the "Service").

73eats set forth these Terms of Use in order for the users to use the App enjoyably and comfortably. In using the Service, the users must agree to these Terms of Use.

If users use the Service, users shall be deemed to have agreed to these Terms of Use.

Article1.    Membership Registration
1.1    The term "Users" as used in these Terms of Use shall mean a person who has agreed all of the provisions of these Terms of Use, has applied for the use of the Service in the manner prescribed by 73eats, and has been approved by 73eats to use the Service.

1.2    When an applicant for membership registration (“Applicant”), downloads the App to a smartphone, tablet, or any other devises, takes the procedures for consent to these Terms of Use, and 73eats approves the membership registration of the Applicant, an agreement of use the Service ("Agreement of Use") in accordance with the provisions of these Terms of Use shall be concluded with 73eats and the Users. Users shall be entitled to use the Service in accordance with these Terms of Use and any other conditions set forth by 73eats.

73eats may decline to approve the membership registration and the application for use of the Service without disclosing the reason to the Applicant. Even after approval, 73eats may take any measures such as cancellation of approval, withdrawal from membership, and any other measures that 73eats determines to be necessary.

1.3    When the Applicant downloads the App and commences the use of the Service, the Users shall be deemed to have agreed to all the provisions stipulated in these Terms of Use. If the Users or the Applicant cannot agree to these Terms of Use, the Users or the Applicant shall suspend the use of the Service immediately and delete the App from the devises.

Article2. Amendment of these Terms of Use
2.1 73eats may revise these Terms of Use without prior notice. Unless otherwise specified, the revised Terms of Use shall apply to all Users from the time of the change designated by 73eats. The revised Terms and Use shall be posted on the website operated by 73eats (“Website”), sent by e-mail, notified on the Service, or otherwise notified in an appropriate manner determined by 73eats.

2.2 If the Users disagree with the revised Terms of Use, such Users shall suspend the use of the Service, cancel the membership registration, and take any other measures set forth by 73eats. If any Users use the Service after the change of these Terms of Use or fails to carry out the procedure to cancel the membership registration within two weeks from the notification of such change, such Users shall be deemed to have agreed to the revised provisions of these Terms of Use.

Article3. Use of the Service
3.1 The Users may use the Service within the scope of the purpose set forth in these Terms of Use in accordance with the manner specified by 73eats.

3.2 The Service may be used only for the Users’ private purposes and may not be used for any purpose other than for private purposes such as sale, distribution or development.

3.3 The Users shall use the App only in the condition provided by 73eats and shall not reproduce, modify, alter, or adapt the App.

3.4 The Users shall be responsible for preparing and maintaining devises, software, communication lines, and other communication environments necessary for the use of the Service.

3.5 The minor Users shall commence to use the Service with the consent of its legal representative, such as a person who has parental authority, and shall use the Service in accordance with the consent of its legal representative.

3.6 In the event any minor User falsifies consent of legal its representative or falsely uses the Service as an adult with regard to its age, or otherwise uses fraudulent means to let 73eats believe that the User is a person with a capacity to act, the minor User shall not rescind any legal act relating to the Service.

3.7 In the event that a User who was a minor at the time when he/she agreed to these Terms of Use, uses the Service even after the User attains the age of majority, such User shall be deemed to have ratified any and all legal acts relating to the Service.

 

Article4. Registration Information
4.1 In order to use the Service, the Users shall accurately provide the information required by 73eats.

4.2 73eats shall handle the information collected and obtained from the Users or other third parties ("Registered Information") in an appropriate manner in accordance with the “73eats Privacy Policy” separately set forth by 73eats.

4.3 If any error or any change in the information set forth in Article 4.1, the Users shall promptly correct or modify such information at its own responsibility. 73eats shall not be responsible for any damage to Users arising from any false, erroneous, or omission in the content of the Registered Information or other information provided by Users.

4.4 If any conflict or inconsistency between 73eats Privacy Policy and any other rules relating to Registered Information stipulated by 73eats, the most recent rules shall prevail to the extent of such conflict or inconsistency.

Article5. Violation of the Covenants
5.1 If 73eats determines that a User comes under or is likely to fall under any of the following items, 73eats may, at its own discretion, take such measures as follows; (1) cancellation of the membership qualification of such Users, (2) suspension of use of the Service in whole or in part, (3) deletion of accounts, (4) cancellation of the Agreement of Use or (5) any other restrictions to the Service:

(a) if the User uses membership qualification illegally or by dishonest means;
(b) if there is any false or erroneous information is found in the Registered Information of the Users;
(c) if the User uses the Service or other services provided by 73eats unlawfully or by dishonest means;
(d) if the User breaches any provisions of these Terms of Use, the terms of use of any other services operated by 73eats, or the agreement with 73eats;
(e) if the User dies;
(f) if the User is sentenced of the commencement of guardianship, curatorship or assistance;
(g) in the event of suspension of payment or insolvency, or a commencement of the petition of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any other similar proceedings;
(h) if the User is a minor, a person under curatorship, or a person under assistance who has not obtained the consent of a statutory agent, guardian, curator, or assistant;
(i) in case there is no response for more than fourteen (14) days to a request for an inquiry or any other request from 73eats;
(j) in the event 73eats determines the User to be an anti-social force, or to engage in any exchange or involvement with an anti-social force, such as cooperating with or participating in the maintenance, management, or management of an anti-social force through funding or otherwise;
(k) in the event 73eats determines that it is necessary for the operation and maintenance of the Services or other services of 73eats; or
(l) in the event there is similar situation to the preceding items or 73eats considers it appropriate to take any of the measures set forth in this paragraph.
5.2 The Users shall not be relieved of any and all obligations and liabilities (including, but not limited to, liability for damages) under the Agreement of Use to 73eats and a third party even after being taken the measures set forth in the preceding paragraph.

5.3 Even after taking the measures set forth in the preceding two paragraphs, 73eats shall be entitled to retain and use the information obtained by 73eats with respect to the relevant Users, and the Users shall accept such retainment and usage.

5.4 73eats shall not be liable for any disadvantage or damage suffered by the Users as a result of the measures taken by 73eats pursuant to this article.

 

Article6. Termination of the Service
6.1 The Users may terminate the use of the Service and the Agreement of Use at any time by uninstalling the App and otherwise following the procedure set forth by 73eats. Any Users who cancel this Agreement of Use shall no longer be able to use the Service.

6.2 If any Users lose the right to use the Service by deleting the App unintentionally or for any other reason, the Users shall agree in advance that the Users shall not be able to use the Registered Information, content, or any other information stored in the Service.

6.3 The Users shall not be relieved of any and all obligations and liabilities (including, but not limited to, compensation for damages) under the Agreement of Use to 73eats and a third party even after the termination of the use of the App.

6.4 73eats may retain and use the information obtained by 73eats for said Users and the information provided by said Users to 73eats even after Users has terminated the use of the App.

6.5 If the Users terminates the use of the Service or loses membership in the Service for any reason, 73eats may, at its own discretion, delete the Registered Information and any other information of such Users without prior notice, and the Users shall agree that all or part of such information within the Service remaining at the time of the membership loss may be deleted.

6.6 If the Users die, the Registered Information of such Users, other information stored in the Service, and the right to use the Service shall not be the subject of inheritance.

6.7 If the Users desire to use the Service again after the membership qualification has been lost, Users shall be required to download the App or otherwise apply in accordance with the membership registration procedure prescribed in these Terms of Use again. The Users shall agree in advance that the original data will not be handed over at the time of re-downloading.

 

Article7. Prohibitions
7.1 The Users shall not engage in any act that falls or is likely to fall under any of the following items by the Users itself or thorough a third party, or shall not directly or indirectly induce or facilitate any of the acts set forth in the following items:

(a) Conduct in violation of these Terms of Use;
(b) Act contrary to public order and morals;
(c) Act that leads to criminal acts;
(d) Conduct that disseminates or threatens to disseminate false information;
(e) Conduct that may infringe upon the portrait rights or intellectual property rights (meaning copyrights, patents, utility model rights, design rights, trademark rights, and any other intellectual property rights of a third party; the same shall apply hereinafter);
(f) Act illegal or antisocial acts;
(g) Any act that violates the honor, property, credibility, life, or privacy of 73eats, other Users, or any third party;
(h) Act that violates the law or the principles of society;
(i) Act pretending to be other party;
(j) Act that discriminates against, slanders or abuses any other Users or third party;
(k) Act that may cause disadvantage to 73eats, other Users, or a third party;
(l) Any act that spreads or is likely to spread any solicitation or information relating to religion;
(m) Pre-election campaigns, election campaigns or other acts similar thereto, and acts in conflict with the Public Offices Election Law in Japan;
(n) Use the Service for business or commercial purposes or act preparation for such use without approval by 73eats;
(o) Any act, whether with or without charge, to use the Service for commercial or advertising purposes without approval by 73eats;
(p) Buy or sell something, or, give or receive financial interest with other Users or a third party without approval by 73eats;
(q) Write links or URLs to websites or resources other than those operated by 73eats without approval by 73eats;
(r) Act that 73eats determine to have adverse effect on minors;
(s) Conduct that interferes with the business operation of 73eats or damages the credibility of 73eats;
(t) Conduct unauthorized reproduction and redistribution of information provided through the Service, e-mails from 73eats or contents of Website;
(u) Act of collecting personal information of others without obtaining the consent from the Users or by fraudulent means;
(v) Send spam mail, or send e-mails or messages to many and unspecified Users;
(w) Act that cause disgust to other Users;
(x) Conduct unauthorized access, such as sending harmful computer programs or making these programs possible for others to receive them;
(y) Write down expressions and contents related to obscenity and adult;
(z) Write links or URLs to websites or resources that conflict with any of the preceding items;
(aa) Conduct that induces malfunctions of the Service and other services operated by 73eats;
(bb) Conduct that involves the use of the Service while walking, driving, in dangerous places, or in other places or conditions where the use of the Service is inappropriate;
(cc) Transmit or post ID, personal information, or other personally identifiable information (except when requested by 73eats, such as membership registration);
(dd) Provide Benefits to Anti-Social Forces; or
(ee) Any act similar to any of the preceding items or any other act that the 73eats considers inappropriate.


Article8. Prohibition against Reprinting and Redistributing
The Users are prohibited from reproducing or redistributing articles, images, and illustrations posted on the Service and the Website operated by 73eats without permission. And also editing, copying, reprinting, and redistributing any information on the Service and the Website operated by 73eats is prohibited.

Article9. Prohibition of Commercial Use
9.1 The Users may use any and all information provided through the Service for private use only. No User may use any information obtained through the Service for any purpose other than the personal use of the Users in any manner whatsoever, such as reproduction, sale, publication, or otherwise, except with the prior approval of 73eats. The Users may not allow another Users or a third party to engage in such acts.

9.2 The Users shall not use the Service for the purpose of profit.

Article10. Transmitting of E-mail
10.1 When receiving or sending e-mail from 73eats, the registered e-mail address shall be used. In the event of receiving or sending e-mail with a different e-mail address than the registered e-mail address, 73eats shall not be liable for any disadvantage or damage to said Users.

10.2 Information posted on the Website or contained in e-mail sent to the Users may be selected and determined by 73eats.

10.3 The contents of the e-mail sent by the Users shall be based on the responsibility of such Users themselves. Any e-mail sent from the e-mail address registered by the Users shall be treated as the e-mail sent by the Users who registered as the holder of said e-mail address.

 

Article11. Advertising
11.1 Although advertisements may appear in the Service, advertisements are created based on materials provided by the company that sells or provides the products, and 73eats shall not be responsible for the contents of the advertisements.

 

Article12. Disclaimer of Warranties
12.1 73eats do not guarantee the integrity, accuracy, usefulness, or legality of the Service or information. If any damages (including physical, mental, and proprietary damage) is caused to the Users due to such information or information provided by the Users, 73eats shall not be liable to those damages.

12.2 73eats shall not warrant that (1) the Service meets any particular purpose of the Users, (2) the Service has the expected function, merchandising value, accuracy, and usefulness, (3) the use of the Service complies with any applicable laws, regulations, or internal regulations of trade associations applicable to such Users, or (4) no defects of the Service will arise.

12.3 The Users shall agree in advance that 73eats does not guarantee that (1) the Service including this App may fail due to the upgrading of the OS version of the devise used for the Service even if it has been compliant with at the beginning of the use of the Service and (2) the Service is compliant with all devises (3) if the Service has any defect, such defect will be resolved by correcting the program provided by 73eats.

12.4 73eats shall not be responsible for any trouble between the Users, the Users and third parties, or the third parties. If any trouble is happened, the Users shall resolve such dispute among such parties.

12.5 73eats shall not be liable for any damage caused or induced by or resulting from the use of the Service by the Users or a third party.

12.6 73eats shall have the authority to investigate information exchange between the Users, but shall not be obligated to investigate.

12.7 If the content of the advertising information provided on the Service infringes the rights of the Users or a third party, or a dispute arises as a result of an infringement of the rights, 73eats shall not be liable for such infringement or dispute.

12.8 73eats shall not be obligated to compensate for any damage caused by delay or failure in delivery of the provided information or e-mail, misrepresentation on the Website or the Users page, or any other damages due to a computer system failure to provide the Services.

12.9 73eats shall have no obligation to compensate for any damage suffered as a result of the suspension or discontinuation of the Service or a change in the contents of the Service.

12.10 73eats shall have no obligation to compensate for any damages caused by computer virus infection, devise, computer line, software, and others, resulting from the use of the Service or the websites of third parties including advertisers.

12.11 73eats shall not be responsible for any transactions between third parties, including advertisers, and the Users (including participation in promotional activities such as lottery or prize competition) through the service, and all transactions shall be made between the third parties and Users.

12.12 If it becomes difficult or impossible to connect to the App, or even if the service is incomplete or not fully provided in whole or in part, 73eats shall not be liable to all damages. The Users shall not be entitled to pursue any responsibility to 73eats with respect to such disability.

 

Article13. Compensation for Damages
13.1 73eats shall only compensate for direct and ordinary damage actually incurred by the Users in the event that such Users suffers damage due to intent or gross negligence of 73eats.

13.2 73eats shall not be liable for any loss of use, loss of data, business interruption, or damage of any kind (including indirect, special, incidental, consequential, or lost profits) that may occur to any Users.

13.3 In the event any Users causes any damage to 73eats due to a breach of the Agreement of Use or in connection with the use of this Service, such Users shall compensate 73eats for all such damages (including, without limitation, the amount equivalent to the expenses of a lawyer or other specialist and personnel expenses of 73eats).

 

Article14. Intellectual Property Rights
14.1 Any intellectual property rights relating to the information provided by 73eats in the Service shall belong to 73eats or the person who grants the license to 73eats,no license in the Service shall mean the assignment or other license of the intellectual property rights of 73eats or the person who grants the license to 73eats.

14.2 The Users shall represent and warrant to 73eats that the Users has the legal right to post or transmit information to the Service by input or other means and that such information does not infringe the rights of any third party.

14.3 73eats shall have the right to edit and reconstitute the information, such as manuscripts, images, and sounds, provided by the Users, and the Users shall grant those rights to 73eats and shall not raise any objection thereto, provided that 73eats shall not be obligated to edit and reconstitute.

14.4 73eats shall allow the Users to store and use the information posted on the Service.

14.5 If any intellectual property rights arise with respect to any information submitted by the Users, such right shall vest in 73eats or transfer such right from the Users to 73eats at the time of posting. 73eats shall not be required to make any payment to the Users with regard to such transfer.

14.6 73eats shall not require the prior consent of the Users and may use the information posted by the Users to advertise through the Service.

14.7 73eats may classify or rank the contents of the Users and the Services in such a manner as 73eats deems appropriate, without prior consent of the Users. 73eats shall have the right to provide the Service to each Users in a different type depending on the classification or priority.

14.8 The Users shall agree not to exercise the moral rights of author with respect to any information posted on the Service to 73eats and any person who has succeeded to or has been granted the rights from 73eats.

 

Article15. Suspension of Services
15.1 73eats may temporarily suspend a part or all of the Service without prior notice to the Users in the event of any of the following:

(a) In the event 73eats has to do regular or urgent maintenance, renewal, or repair of hardware, software, and telecommunications equipment related to the provision of the Service or system of 73eats;
(b) In the event the provision of the Service is difficult due to a fire, power failure, natural disaster, or other force majeure;
(c) In the event that the load is concentrated in the system due to excessive access or other unexpected factors;
(d) In the event it becomes necessary to secure the security of the Users;
(e) In the event telecommunications carrier service is not provided;
(f) In the event the provision of the Service becomes impossible or difficult due to laws, regulations, and measures based on these regulations;
(g) Any other cases where 73eats determines necessary from an operational or technical point of view, or where 73eats determines it is difficult to provide services due to unexpected circumstances; or
(h) Any other cases similar to any of the preceding items where 73eats is deemed necessary.
15.2 In the event any disadvantages or damages incurred by the Users due to the suspension of the Service, 73eats shall not be liable to those damages.

 

Article16. Change or Cancellation of Service Content
16.1 The Users shall agree that the contents of the Service may be changed or suspended in whole or in part without the approval of the Users. 73eats shall not be liable for any disadvantage or damage incurred by the Users.

Article17. Suspension of Business
17.1 73eats may suspend its business for a certain period of notice, provided that, in the event of an emergency, prior notice may not be given. In addition, in the event any disadvantage or damage is caused to the Users due to the suspension of business, 73eats shall not be liable for any disadvantage or damage.

Article18. Data Storage and Non-Warranty
73eats shall not be obligated to maintain any data provided by the Users in the Service and shall not guarantee that such data will be stored securely. The Users shall prepare for the loss of such data by backing up and storing such data when posting or uploading such data.

 

Article19. Creating an Environment
19.1 The Users shall, at their own expense and responsibility, prepare and make available all communications equipment, software, and any other equipment incidental thereto necessary for the use of the Service. When using the Service, the Users shall, at their own expense and on their own responsibility, connect to the Internet via telecommunications services or telecommunications lines.

19.2 The Users shall maintain security, including prevention of computer virus infection, unauthorized access, and information leakage, according to their own environment of use, by reference to information provided by the relevant government agencies.

19.3 73eats shall not be involved in or be responsible for the environment for the use of the Service.

 

Article20. Scope of Application
20.1 These Terms of Use shall apply to any and all relationships between the users who use this Service (regardless of membership registration).

20.2 Rules and additional provisions relating to the use of the Service (hereinafter collectively referred to as the "Individual Provisions") posted and distributed on the Website or service documentation shall form part of these Terms of Use.

20.3 If any conflict between the contents of these Terms of Use and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specified.

 

Article21. Severability
Even in the event any provision of these Terms of Use or any part thereof is held to be invalid or unenforceable by laws or regulations, the remaining provisions of these Terms of Use and the rest of the provisions determined to be invalid or unenforceable shall remain in full force and effect, and 73eats and the Users shall endeavor to amend such invalid or unenforceable provision or part to the extent necessary to make it legal and enforceable, and to ensure the purpose of such invalid or unenforceable provision or part and the same legal and economic effect.

 

Article22. Survival
22.1 The provisions which, in view of the nature of Article 5.4, 6.2 to 6.7, 12, 13, 14.3 to 8, 16, 17, 21, this Article, 23, 24 and the provisions which, by their nature, should continue in full force and effect shall survive the termination of the contract for the use of the Services.

 

Article23. Governing Law
23.1 These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

23.2 The Japanese text of these Terms of Use shall be the original text. In the event any translation into any other language is prepared for reference purposes and there are any conflicts between the Japanese text and the translation text, the Japanese text shall prevail to the translation text.

 

Article24. Jurisdiction
24.1 Any dispute arising out of or in connection with these Terms of Use shall be settled at the Tokyo District Court or the Tokyo Summary Court as the agreed exclusive jurisdictional court of first instance according to the amount of the claim.

 

Article25. Consultation
25.1    Any matter not stipulated in these Terms of Use or any doubtful point raised concerning any provision of these Terms of Use shall be settled after due consultation in good faith between 73eats and the Users.

Enacted and enforced on August 1, 2019

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