Section 1 General Rules
1. These Terms apply to all items for each service (henceforth known as "Services") used by users provided on &Orb as XPLUS (https://andorb.com/) which is operated by X PLUS COMPANY LIMITED(henceforth known as "Company", "we","us","our").
2. By using our Services, you are agreeing to these Terms.
4. With regards to using our Services, these Terms shall apply to the users(henceforth known as "User", "you", "your") of our Services including this Company as well as members (as defined in Article 4 below).
Article 2 Changes to these Terms
1. We may make changes to these Terms after notifying you either via these Services or other means deemed appropriate by this Company without your prior consent.
2. From the time the you first use these Services following changes to the Terms, it shall be considered as you agreeing to these Terms.
Article 3 Using these Services
1. You will use these services while adhering to these Terms as well as rules established separately by us.
2. We may make changes to the content of these Services or halt these Services without your prior consent.
Section 2 Membership
Article 4 Members
1. "Members" refer to those who have applied to become a member through the method established by us after agreeing to these Terms.
2. Membership applications will be considered approved once a Registration Confirmation E-mail has been sent by us.
3. Users who are are permitted to use these these Services is limited to the actual member.
We may not approve an application if it falls under any of the following:
We may not approve an application if it falls under any of the following:
(1) Those users who wish to apply but have been determined to have their membership revoked in the past due to a violation of these Terms
(2) Those users who have included false or inaccurate information on their membership application, items missing on their membership application.
(3) Any application where its approval has not been deemed appropriate by us.
4. We may revoke approval for any application even after it has been approved if it has been determined that it falls under one of the items listed above.
Article 5 Notification of Changes
1. If there are any changes to information shared with us by members such as mailing address, name, telephone number or credit card number, members will promptly inform us via means which we have designated.
2. We will not be responsible for any losses or disadvantages experienced by members due to the member's failure to notify us of any changes to the above.
Section 3 Responsibilities and Obligations of Members and Users
Article 6 ID and Password Management
1. Members are solely responsible for the usage and management of their login ID and password.
2. Members acknowledge that any behaviors or actions taken after using their own personal ID and password will be interpretted as conduct or actions taken by the member themselves.
3. Members will not transfer, lend or disclose their ID and password a third party.
4. Members will take full responsibility for any damages which occur due to improper management or mistakes when using their login ID and password as well as when used by a third party.
5. We will not be responsibile for any losses or damages sustained by a member due to a third party using a member's login ID or password, regardless of whether it was the fault of the member or not.
6. You accept personal responsibility and recognize the risks that accompany using payment methods such as the transmission of credit card numbers when using this Service.
Article 7 Prohibited Items
You will not do any of the following:
(1) Enter or submit any false information while using this Service.
(2) Any actions which carry the risk of disrupting the operation of this Service or other actions which could hinder this Service.
(3) Fraudulent use of credit cards, etc. when using this Service.
(4) Fraudulent use of login IDs and passwords.
(5) Any actions which cause trouble, losses or damages to other users, third parties orus as well as actions which carry such risks.
(6) Any actions which may infringe on intellectual property such as copyrights, privacy, individual rights and other rights of other users, third parties or us, or any action which carry such risks.
(7) Any action which violates public order and morals.
(8) Any criminal activities or actions which are connected with crime.
(9) Any actions which violate laws and ordinances, or those which carry such risk.
(10) Any other actions which are deemed as inappropriate by us.
Article 8 Suspension of Use of this Service, Revocation of Membership
We may suspend the use of this Service or revoke your membership without first notifyying you if you fall under one of the following:
(1) It has been determined that you have had your membership revoked in the past due to a violation of the Terms of Service.
(2) You have had a history of delayed payments for fees related to this Service, or other types of breaches.
(3) You have committed any of the actions listed under Article 7 Prohibited Items.
(4) Any other event where you have violated our Terms of Service.
Article 9 Copyrights
1. You may not use any information provided through this Service without the permission of the rights holder for uses that do not fall under restrictions such as reproduction for private use permitted under Copyright Act law.
2. You will not cause any sort of trouble or damages to us if you have violated the item above and an issue occurs, including the personal responsibility and expenses required for resolving the issue.
Section 4 Purchasing Products
Article 10 Purchasing Products
1. You may use this Service to purchases products or services(henceforth known as "Products") from us.
2. You will request to purchase products or use a service via a method indicated by us when wanting to purchase Products. You will enter true and accurate information when submitting your request.
3. If we approve the above request, an e-mail will be sent to the e-mail address you have provided which confirms content of the request, which you will then confirm.
4. Regardless of the above item, we may revoke or cancel the sale, halt the transaction or take appropriate measures if there has been any wrongdoing or improper use of this Service, or if we have been notified by the credit card company for the credit card designated by you of issues such as exceeding of credit limit.
Article 11 Payment Methods
1. The cost for Products will be a total cost which includes price of the product, shipping costs, transaction costs as well as any consumption tax which may apply.
Article 12 Product Cost
The total cost for Products will be the amount confirmed at the time the order was placed. However, if the fixed price of a product has changed following a pre-order, the price following the change will be applied.
Article 13 Returning and Exchanging Products
1. Products with defects or errors and we are to blame, we will accept the return or exchange of Products.
2. We do not accept return or exchange for these reasons below.
(2)If the item is used by customer
(4)if the damage or a pin hole is under our tolerance standard. (Based on standard set by industry associations and organizations.)
3. Returns and exchanges will be made via means decided separately by us.
4. You will handle shipping costs and repayment transaction costs for any Products you simply wish to return or exchange.
Article 14 Products Disclaimers
1. We do not guarantee the quality, performance and compatibility with other products for Products which are not covered under the product warranty included with Products bought or sold on this Service except for cases in which the content written for a product on the website and the actual content of the product greatly differ or we have committed malicious intent or gross negligence.
2. We (regarding issues due to not knowing the delivery address) will be exempt by contacting using the contact information registered by the Member as well as delivering the Product to the mailing address provided when purchasing the product.
3. We may cancel orders you have sent us for products if we have run out of stock or are unable to obtain the item due to reasons such as a change in the status of the inventory. However, if multiple products have been ordered and a portion of those cannot be arranged, only these products will have their orders cancelled.
4. We vow to maintain to the best of our ability the accuracy of descriptions and writings for products on this Service. However, we do not guarantee their accuracy, completeness or that it is the most up-to-date information. If there are any writings which differ from the current status, we will prioritize the current status.
Section 5 Operation of this Service
Article 15 Use and Deletion of Information
1. If we have determined that we can use the information registered by us or you, this information may be used by this Service or companies associated with us if not refused by you. However, we will take safety measures to carefully protect and manage information which you have provided such as your name, mailing address, phone number or any information which can be used to identify you while complying with laws and ordinances related to the protection of personal information as well as related laws and ordinances.
2. Information may be deleted without refusal from you even if just one of the following applies. Additionally, in addition to newly transmitted comments and other information, all comments and other information sent to us on this Service up to the present may be used on this Service in ways we or associated companies have decided as long as we have not received any special requests from you, the user who has sent the information.
(1) If the information has clearly infringed on our or a third party’s copyrights or other rights, or it has been acknowledged that it has clearly damaged our or a third party’s reputation or credibility.
(2) If we have received reports from a third party that the information has infringed on the copyright or other rights of a third party or that the information has damaged the reputation or credibility of a third party.
(3) If it has been acknowledged that it is clearly in violation of the laws and ordinances of Japan or other country.
(4) If an order has been received by a public institution such as a government administrative office or courts to remove under law.
Article 16 Maintenance of this Service
We may completely suspend providing all or a part of this service without notifying you beforehand in one of the following cases:
(1) If there is regular or emergency system maintenance.
(2) If the system experience issues with its operation due to fires, power outages, natural disasters or interference from a third party.
(3) If we have deemed it necessary to stop this Service.
Article 17 Other Disclaimer Items
1. We will not be responsible for any damages that may occur do to you not being able to use this Service except in cases where there has been malicious intent or gross negligence by us.
2. We will be exempt if you have experienced a loss due to work we have carried out according to the registration information you have provided.
3. You will not cause any trouble for us and you will take full personal responsibility for expenses and resolving issues for damages you have caused to other users or third parties by using this Service.
Article 18 E-mail
1. You will register using your own personal e-mail address.
2. We may use e-mail in order to contact you.
3. With regards to the above, we will not be responsible for any losses incurred by you due to reasons such as the registered e-mail being shared with a third party.
Article 19 Governing Law
These Terms will be interpreted and applied according to Japanese law.
Article 20 Jurisdiction of Agreement
In the event that there is a necessity of a lawsuit pertaining to the use of this Service, the Tokyo District Court shall have exclusive agreement jurisdiction for the first hearing.
These Terms are effective as of 08,01, 2018.
These Terms are effective as of 08,01, 2018.