Terms of service


Chapter 1    General Rules

(Purpose)

Article 1    The Terms of Service for this online shopping service (hereinafter, referred to as the "Agreement") covers the sale of goods, provision of information, and billing and payment services through the use of the Internet site  https://swao-official.com/  (hereinafter, referred to as the "Service") provided by Toabo Corporation (hereinafter, referred to as the "Company"), and serves as an agreement with the user registering for the Service (hereinafter, referred to as the "User").

(Scope of the Agreement)

Article 2    By registering for the Service, the User may begin using the Service upon agreeing to the Terms of Service. The scope of the Terms of Service shall be limited to within the country of Japan.

2    The purpose of this Agreement is to clearly explain the following items to the User.

(1) The contents of the Terms of Service and the establishment of contracts

(2) The services provided, contract periods, usage fees and payment methods

(3) The system's operations

(4) User prohibitions, rules that the User must follow, and the Company's disclaimers

(5) Termination of service and termination of the Terms of Service

3    The User is defined as an individual or corporation that agrees to the stipulations established by the Agreement, has completed the registration process described in Article 4, and has received approval from the Company to use the Service.

4    The Agreement is a contract between the Company and the User of the Service.

5    Regarding the provision of the services and settlement of payments, the Company and the User shall be responsible for all obligations prescribed by this Agreement and carry them out in good faith.

6    In addition to the Agreement, the User also agrees to all rules established by the website administrator.

(Consignment)

Article 3    The Company may entrust the operations necessary for the provision of the Service or an individual service, in whole or in part, to a third party (including information and content providers, and hereinafter, collectively referred to as "Partners").

Chapter 2    User Registration & the User's Duties

(User Registration)

Article 4    Users that wish to register online must agree to the terms of the Agreement, and shall follow the registration procedure specified by the management company/website administrator when registering online. The contract for using this Service shall be established when the Company approves the registration. Furthermore, when any changes and revisions are made to the Agreement, the User is considered to have agreed to the updated agreement by continuing to use the Service.

2    The Company may not approve of user registrations in the following cases. However, in the event that registration is not approved, the Company will not disclose the reason for its decision to the applicant. Furthermore, the applicant may not express any objections regarding the results of their registration.

(1) The applicant does not actually exist

(2) The applicant cannot be contacted using the contact information provided, such as their telephone number, fax number, e-mail address and address.

(3) The applicant has provided false contact information, or similar cases in which it has been deemed that the contact information contains inaccurate information.

(4) The applicant's use of the services managed by the Company (including, but not limited to the Service and other individual services) has been terminated in the past, and the Company has deemed that the applicant does not meet the requirements for user registration.

(5) In cases where there is obstruction to business operations or technical difficulties

(6) Any other cases in which the Company has deemed the registration unacceptable

Furthermore, applicants under 18 years of age must first obtain the consent of a parent or guardian before registering for the Service.

(Changes to User Information, Suspension & Deletion)

Article 5    If any changes must be made to the information provided to the Company by the User, the User shall promptly notify the Company of the changes using the method specified.

2    If the conditions prescribed in Article 21 are met, the Company may suspend the User's access to the Service or delete the user's account information without notification to the User.

(Managing your ID and Password)

Article 6    The User is solely responsible for the management of their password necessary for using the Service. The Company considers any use of the Service via the User's account to have been authorized by the User, regardless of whether the Service was actually used by the User themself or not, and shall not be held liable for any obligations or responsibilities.

2    The Company cannot guarantee a proper and stable connection when the User and a third party are simultaneously accessing the Service using the same account, or when multiple user accounts are being used on the same device.

(Types of Services Provided)

Article 7    The Service provided by the Company to the User is as described below.

(1) Online shopping website

(2) Provision of related products and services

2    After the User has registered for the Service, the Company provides the User access to services such as ability to purchase products, the reviews and comments function on the website, browsing of exclusive content, and special offers.

3    The Company may change the contents of its services and the system without the User's approval when necessary for the operation of its business.

(User Responsibilities)

Article 8 The User shall agree to the following when using the Service.

(1) Compliance with the terms of the Agreement

(2) When using the Service, if there is a procedure specified by the Company, the User must follow said procedure

(Establishment of Contracts)

Article 9    The online shopping website's sales contracts are established when the User (person who placed the order) receives the "Order Confirmation" e-mail from the website confirming the order and including the order details, after the User completes the product ordering procedure through the form on the website.

(Returns & Refunds)

Article 10    In general, after the Company has shipped the products for an order, the order cannot be cancelled by the User, and the Company cannot accept returns and refunds.

(Transfer of Rights)

Article 11   The ownership rights to the ordered products shall be transferred to the individual placing the order when the products are handed over (delivered) to the individual.

(Payment Methods)

Article 12 Payments shall be made using a prepayment method designated by the Company (bank transfer payment, credit card payment or electronic money payment).

(Prohibitions)

Article 13   The User may not transfer, give, or offer as collateral the status, rights or obligations associated with the Agreement, in whole or in part, to a third party, without prior approval from the Company in writing.

2    The User is prohibited from engaging in the following actions when using the Service.

(1) Actions that infringe or may infringe on the rights of the Company or a third party

(2) Actions that violate laws and regulations, the Agreement or public order

(3) Actions that interfere with the Service's operations

(4) Actions that damage the Company's reputation or assets

(5) Actions that cause harm to a third party or the Company

(6) Discrimination, slander, defamation or other actions that damage a third party's reputation

(7) Use of the Service through impersonating a third party

(8) Pre-election campaigns, election campaigns, or any other similar activities

(9) Solicitation for joining a religious organization or group

(10) Commercial activities, use of the Service for profit, or preparatory actions for said purposes

(11) Actions connected to crimes such as fraud, or actions related to criminal activities

(12) Transmission or displaying of content that cause others discomfort, such as obscene images

(13) Actions that collect personal information from third parties without the third party's consent or by fraudulent means

(14) Actions that disclose the User's or a third party's personal information

(15) Redistribution, lending, or sale of the Service or information obtained from the Service to a third party, excluding cases when the Company has given approval

(16) Use of the Service's bugs or other issues for unauthorized purposes, and/or transmitting them to third parties

(17) Use of copyrighted works belonging to the Company, other companies or other individuals without the copyright holder's authorization

(18) Use of the Service for information or activities that violate rules and regulations

(19) Any other actions the Company deems improper

3    The User shall not use (utilize, copy, duplicate, store, reproduce, sell, resell, etc.or in any way exploit) the Service provided by the Company or the Service's content for commercial purposes, in whole or in part.

(Personal Information)

Article 14    The handling of account information and user information obtained by the Company (hereinafter, referred to as "Personal Information") is covered by the 'Privacy Policy for Personal Information Protection'.

2    In the event the User withdraws from using the Service, or the Company suspends the User's use of the Service, the Company may delete the User's personal information without their consent.

Chapter 3    Intellectual Property Rights, etc.

(Intellectual Property Rights, etc.)

Article 15    Copyrights associated with the Service itself, content displayed on advertisements or distributed through the Service, information and data, information from databases and sets of data (hereinafter, referred to as "Content, etc.") (including copyrights relating to the Service and all software used in relation with the Service), patent rights, utility model rights, design rights, trademark rights, copyrights, intellectual property rights such as those for domain names, as well as intellectual property rights such as rights related to the application or registration for any of the above (hereinafter, collectively referred to as "Intellectual Property Rights"), are the property of the Company or authorized third parties including Partners that provide relevant content through the Service.

2    The User agrees to not copy, publicize, transmit, distribute, transfer, lend, translate, adapt, authorize the use of, reprint or reuse the Service, relevant software, or content containing them, in whole or in part, excluding cases when authorization has been granted in advance by the Company, a Partner or advertising sponsor in writing.

3    The User agrees that in the event that the User violates the preceding clause, the Company has the right to prevent the User from using, copying, publicizing, transmitting, distributing, transferring, lending, translating, adapting, authorizing the use of, reprinting or reusing  the Content, etc., as well as the right to demand payment from the User for the amount equivalent to the profits earned from the above actions.

(User Support)

Article 16   Inquiries regarding the Service are handled through the Service's inquiry page.

2    The Company may entrust the handling of inquiries regarding the Service or individual services to a Partner.

3    For the protection of personal information, the Company does not accept inquiries regarding account information, or requests to change the information or withdraw from the Service. As the Company encrypts its users' passwords, it cannot reply to inquiries regarding passwords even from the User themself.

(Restrictions on Using the Service)

Article 17    The Company reserves the right to create regulations and place restrictions on the User's use of the Service (such as restrictions on the number of comments the User may post in the comments sections or time restrictions on the User's usage of the Service), as necessary. Furthermore, the Company shall have the right to monitor and delete the User's posts, but shall not be obligated to do so.

2    In the event that the User's contract of use is terminated as a result of the provisions put forth in Article 20 (Withdrawal) and Article 21 (Suspension of Use), if the User chooses to use the Service again, the rights associated with their previous use of the Service will not be carried over.

3   The User cannot opt out of the Service, including e-mail notification services, in whole or in part, when it is necessary for the provision of the Service.

(User Notifications)

Article 18    User notifications from the Company shall be posted using a suitable method decided by the Company, such as posting them on the Service or sending them via e-mail.

2    Based on the preceding clause, notifications from the Company to the User become effective immediately from the time that the notification is posted on the Service or is sent via e-mail.

  1. The Company shall not be held liable for any undeliverable emails, corrupted text, and duplicate emails that occur when a notification is sent to the User.

4   The User shall be responsible for confirming the contents of the notifications from the Company to the User, and the Company shall not be held liable for any damages to the User that occur as a result of the User's failure to confirm the notification's contents.

Chapter 6    Changes to the Agreement, Withdrawal (Termination of Contract), Changes to the Service, etc.

(Changes to the Agreement)

Article 19    The Company may make additions, changes, or deletions (hereinafter, collectively referred to as "Changes") to the Agreement as it deems necessary, without consent from the User. The User agrees to the necessary changes to the Agreement, and that the new terms of the Service will be as described in the updated Agreement.

"2    In the event of a Change defined in the preceding clause, the Company shall notify the User in advance regarding the updated Agreement using a

suitable method decided by the Company, such as posting a notification on the Service, as prescribed by Article 18 (User Notifications)."

(Withdrawal)

Article 20   In the event that the User decides to end their use of the Service, the User shall follow the withdrawal procedure specified by the Company, and the User's withdrawal (termination of contract) will be complete once the Company has confirmed the withdrawal.

2    The User's status is only valid for the User themself. In the event the Company has received knowledge that the User has passed away, the procedure described in the preceding clause will be considered to be complete.

3    The Company shall not be held liable for processing withdrawals from the Service even in the event that the User cannot complete the procedure themself due to reasons attributable to the User, such as loss of their account information.

4    The Company shall not be held liable for any damages to the User resulting from the actions described in this article.

(Suspension of Use)

Article 21    The Company may suspend the provision of its services in the following cases.

(1) When necessary for the repairing and/or maintenance of the system or related equipment, or when there is an issue with the system

(2) When the connection, electricity, etc. used by the Company has been interrupted

(3) When a natural disaster or other emergency circumstances occur, or is anticipated to occur, and restrictions on the connection must be placed according to rules, regulations, and other forms of instruction, or in the event that the Company has deemed it necessary

(4) When it is difficult to continue the services due to any other circumstances

2    In the event that the provision of the services is suspended due to the circumstances described in the preceding clause, the Company will notify the User via e-mail at least 7 days prior to the suspension of Service. However, the Service may be suspended without prior notification in the event of an emergency, such as a natural disaster or other unforeseen circumstances.

3    The Company may suspend (terminate the contract for) the User's use of the Service or individual services without prior notification or warning to the User if the Company has determined that the User falls under any of the following categories.

(1) A third party has filed a complaint or charge to the Company regarding the User's use of the Service or individual services, and the Company has deemed it necessary

(2) The User cannot be contacted through telephone, fax or e-mail (including cases in which the Company's e-mail server has received a certain amount of inbox server or e-mail address error notifications for regularly delivered emails)

(3) Mail shipped to the user's address has been sent back to the Company

(4) The User has been criminally charged due to a violation of rules or regulations

(5) The User's payments have been suspended or the User is in a state of insolvency

(6) The User has used a dishonored note or check

(7) There has been a declaration of foreclosure, temporary foreclosure or auction, or the User has received a disposition for failure to pay taxes and dues

(8) There has been a declaration of bankruptcy, commencement of civil rehabilitation, commencement of corporate rehabilitation or commencement of special liquidation, or there is otherwise uncertainty regarding the User's reputation

(9) The User's business license has been revoked or terminated by the supervisory authority

(19) A resolution for dissolution, reduction of capital, or the transfer, etc. of all of or a crucial part of the business operations has been made

(11) The User has violated Article 13 (Prohibitions), or the Company has decided that the User may have violated said article.

(12) The User has violated the Agreement in any way other than as described in the preceding item, and the User does not provide compensation for their violation within a reasonable period of time after the Company has notified the User of the required compensation

(13) The User does not apply for the paid use of a paid individual service during the free trial period for said service (In this case, only the use of said service will be suspended)

(14) The User has not logged in to their account for 1 year after user registration

(15) The User has not clicked on the confirmation URL listed in the e-mail sent during the registration process, and 1 month has passed

(16) The Company wishes to terminate the contract of use under its own discretion

4    The Company will not reply to any questions or complaints regarding the User's suspension of use (termination of the contract of use).

5    Once the contract of use has been terminated, the User will forfeit any benefit of time regarding payments, and any duties (including unpaid usage fees) owed to the Company shall be paid in lump sum immediately.

6    In the event that the Company suffers any damages because the User has violated Article 13 (Prohibitions), or falls under any category listed in the first clause of this article, and the Company may charge the User compensation for the damages incurred, regardless of whether the contract of use has been terminated.

7    The Company shall not be held liable for any damages that the User suffers as a result of the termination of the contract of use by the Company.

(Changes to Services)

Article 22    The Company may change, suspend or discontinue (terminate) the contents of the Service or any individual services, in whole or in part, without prior notification to the User. Suspension and discontinuation may also occur as a result of system maintenance or natural disasters.

2     The Company shall not be held liable in the event that the User or a third party suffers damages as a result of the change, suspension or discontinuation (termination) of the contents of the Service or any individual services are changed.

Chapter 7    General Terms and Conditions

(Assignment by the Company)

Article 23    The Company may transfer the status granted to it by this Agreement and the agreements of any individual services to a third party once a prior notification is posted on the Service, without having received special consent from the User. The Company may also transfer the rights and obligations associated with the Agreement to a third party.

(Consequences for Violating the Agreement)

Article 24    In the event that the User has or may have violated the Agreement, or a third party has issued a complaint or charge to the Company regarding the User's use of the Service and the Company has deemed it necessary, the Company may request that the User cooperate in the investigation, and the User shall comply. Furthermore, the Company may take any of, or any combination of the following measures when it deems necessary for any other reason.

2    Request that the User ceases any actions that violate or may violate the Agreement, and refrain from repeating any similar actions.

3    Request that the User participate in discussions to resolve any complaints or charges made by a third party (including alternative dispute resolution proceedings).

4    Delete the information transmitted or displayed by the User in whole or in part.

5    Other measures that have been deemed necessary.

6    The Company shall not be bound by any obligations that arise as a result of the implementation of the measures prescribed in the first clause of this article, and shall not be held liable for any consequences resulting from said measures.

7    The User agrees that the Company may implement the measures prescribed in the first clause of this article without prior notification to the User.

(Governing Law & Jurisdiction)

Article 25    Any disputes that arise between the Company and the User in regards to or related to the Agreement shall fall under the exclusive jurisdiction of the Osaka District Court as the court of first instance. The Agreement shall be governed by the laws of Japan.

(Suspension of Service)

Article 26    Regular maintenance will be conducted for the Service. During regular maintenance, the system may be temporarily suspended and users may be unable to use some of its functions. The provision of the Service may be suspended in the following cases.

(1) For the maintenance of the Service and system maintenance necessary for the provision of the Service, when unavoidable for the maintenance and repair of telecommunications equipment, or when an unavoidable issue has occurred in regards to the above

(2) When normal provision of the Service is difficult due to significant trouble or issues with the Service, or it has been deemed to be difficult by the Company

(3) When the Company has recognized that there has been a case of data tampering or hacking, and the provision of the Service may potentially cause significant damage to customers and third parties

(4) When the provision of the Service has become difficult due to the suspension of telecommunications services provided by telecommunications businesses or domestic and foreign telecommunications entities, electric power services provided by electric power companies, and other public utility services

(5) When a state of emergency occurs or may occur due to national disasters such as earthquakes, tsunamis, typhoons and lightning storms, war, civil insurrection, changes in laws and regulations, and other force majeure

(6) In any other case when the Company has deemed it necessary to suspend the Service or execute an emergency suspension

2    In general, the Company will not respond to any requests for an emergency suspension of Service from its customers or third parties.

3    The Company shall not be held liable whatsoever for damages suffered by customers or third parties as a result of the suspension of the Service, as well as failure to suspend the Service.

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