EC site Terms of Use

Article 1 (Purpose)
1.1 These Terms of Use (hereinafter referred to as "Terms of Use") apply to users (hereinafter referred to as "users") who use the product sales site "YOYAKU NOW" (hereinafter referred to as "Site” and its service as “Service") operated by Tiro Co., Ltd. (hereinafter referred to as "Company"). Users use this Service after agreeing to all the conditions and policies described in these Terms of Use in regard to all the information, tools, or services available from the above Site.
1.2 These Terms of Use stipulate the terms and conditions to use the Service. All users who have registered as users of the Service shall use the Service in accordance with the terms and conditions stipulated in these Terms of Use according to age and usage environment of each user.
1.3 When the user agrees to these Terms of Use, the Contract (defined in Article 2) will be established between the users and the Company.

Article 2 (Definition)
The following terms used in these Terms of Use have the meanings set forth in the following items.
2.1 "Contract": Refers to the contract to use this Service, which is concluded between the Company and the user under the conditions of these Terms of Use.
2.2 "User": Refers to all persons who have registered as a user of the Service.
2.3 "Product": Refers to the product that the user purchases using this Service.
2.4 "User information": Refers to the ID and password of the user registered in this Service.
2.5 “Communication equipment”: Refers to smartphones, tablets terminals and computer equipment.

Article 3 (Contents of this Service)
Users can purchase products from us by using this Service.

Article 4 (user registration)
4.1 Those who intend to become a user of this Service should make user registration according to the procedure established by the Company after agreeing to the contents of these Terms of Use.
4.2 The user is obliged to immediately change the registered information when the information registered based on the preceding paragraph is changed. We consider the registered user information to be true, and when we contact or notify the user based on the user information provided, it shall be deemed that we fulfill our responsibility.
4.3 We may refuse user registration at our discretion.
4.4 The user cannot use, lend, transfer, buy or sell, or pledge, etc. the account of this Service to any third party.
4.5 The user guarantees that he/she has reached the legal age of majority in Japan or his/her area of ​​residence and that he/she has the consent of a legal representative to use this Service.

Article 5 (Purchase of this product)
5.1 If the user wishes to purchase products from us, he/she will place an order according to the method specified by the Company, and the sales contract for the product will be concluded when the payment for the product price in the next article is completed. In addition, the ownership of the Product will be transferred from the Company to the user at the moment when the Product is dispatched from the Company.
5.2 Depending on the content of the Product, the number of purchases may be limited. Orders that exceed the limit will be canceled.
5.3 The Company may cancel the order even after the sales contract set forth in Paragraph 1 has been concluded, due to obstacles related to the import of the Product or at the Company’s discretion.

Article 6 (Payment)
6.1 After the order described in the previous article, the user shall pay the product price and shipping cost according to our instructions. The payment transaction fees/commissions will be borne by the user.
6.2 The Company will deliver the Product after confirming the payment of the product price and shipping cost from the user. In addition, if the Product is returned to the Company due to the user's refusal to receive, long-term absence or other circumstances of the user even though the Company has shipped the Product, or if the user does not make a payment within 6 months after the Company requests the user to pay the product price and the shipping cost  after obtaining the Product, the Company may cancel the sales contract, retain the ownership of the Product, retain the prepaid product price or shipping cost from the user as a penalty if there is any and does not refund it to the user. The starting point to count the period is when the Company sends an email to the user.

Article 7 (Transfer of ownership and risk of loss)
7.1 Ownership of the Product will be transferred from the Company to the user when the Product is dispatched from the Company.
7.2 Damage caused by loss, breaking, etc. of the Product due to reasons that cannot be attributed to either the Company or the user shall be borne by the Company if it occurs before the dispatch from the Company is not completed, and borne by the user if it occurs after the dispatch from the Company is completed.
7.3 The sale of the Product is on an as is basis, and whether or not the Product can be used is the sole risk of the user.

Article 8 (Return of the product)
8.1 The Company does not accept returns or exchanges of the Product due to the user’s convenience after the order is completed.
8.2 Notwithstanding the provisions of the preceding paragraph, the Company will accept returns or exchanges only if the Product is broken or misdelivered. However, it is necessary to meet all of the following conditions.
•  The Product is unused
•  To return the package and accessories of the Product to the state of the time of delivery.
8.3 In case of initial failure or damage of the product, you need to contact our customer support within 7 days after the product is received.
8.4 If the return is made after the user has paid the price, the Company will refund the price after confirming that the return meets all the conditions of each item of the preceding paragraph.

Article 9 (Management of user information and communication equipment)
9.1 The user shall prepare all the environment such as equipment, communication means and transportation means necessary for receiving the provision of the Service at his/her own expense and responsibility. In addition, all communication costs required to use this Service will be borne by the user.
9.2 The user is responsible for managing user information and communication equipment. The user is liable for damages caused by insufficient management of user information and communication equipment, mistakes in use, use by a third party, etc., and the Company shall not be liable at all unless the Company intentionally or negligently caused the damage.
9.3 If there is a risk that the user information or communication device will be used by a third party, the user shall immediately notify the Company and follow the instructions of the Company.

Article 10 (Conditions for providing the Service)
The Company may suspend or change the service for maintenance, etc. without notifying the user.

Article 11 (Intellectual property rights, etc.)
11.1 When a user makes a post on the Service, users should agree to grant the Company the right to use all possible copyrights, for free of charge and without limitation for any purpose, including the rights stipulated in Articles 27 and 28 of the Copyright Act regarding a part or all of the posted content, regardless of whether it contains copyrightability or not.
11.2 The user shall not duplicate, reprint, publicly transmitted, modified or use in other form beyond the scope of private use stipulated in the Copyright Law, any of information and contents provided in this Service regardless the type of method or form (hereinafter collectively referred to as "our contents")
11.3 Copyrights, patent rights, utility model rights, trademark rights, design rights and all other intellectual property rights and the right to register these rights related to our contents (hereinafter collectively referred to as "intellectual property rights") shall belong to the Company or the third party and shall not belong to users. In addition, the user must not copy, distribute, reprint, transfer, publicly transmit, modify, adapt or other secondary use our contents, regardless of the existence of intellectual property rights.
11.4 If the user violates the provisions of this article and a problem occurs, the user shall solve the problem at his/her own expense and responsibility and take appropriate measures so as not to cause any disadvantage, burden or damage to the Company.
11.5 The user shall not exercise the moral rights of author (including publication right, right to indicate name and right to preserve integrity) to the Company, to a third party who has legitimately acquired the right from the Company, and to a person who has succeeded the right from such third party with respect to any part of the posted content that can be a copyrighted.
11.6 Certain contents, products, and services available through our Services may include material from third parties. Third-party links on this site may lead you to third-party websites that are not affiliated with us. We are not responsible for investigating or assessing the content or its accuracy, and we assure no warranty or liability for any other third-party material or website, or any other material, products or services of such third parties. We are not liable for any damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with such third-party websites. Before making a transaction, carefully review and make sure you understand third-party policies and practices. Complaints, concerns, or questions regarding third-party products must be submitted to such third party.

Article 12 (Prohibited matters)
12.1 The Company prohibits the acts specified in the following items when users use this Service.
• Acts that violate this terms of use
• Acts that infringe or may infringe property or personal rights of the Company and third parties such as intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights, etc.
• Acts aimed at conducting the same type of business as our Company (including acts scheduled for resale, etc.)
• Acts that cause or may cause disadvantage or damage to the Company or a third party
• Acts that unreasonably damage or may damage the honor, rights, or credibility of others
• Acts that violate laws and ordinances
• Acts that are or may be offensive to public orders and good customs, or acts that provide information that may be offensive to public orders and good customs to other users or third parties.
• Criminal acts, acts that lead to or promote criminal acts, or acts that may lead to those acts.
• Acts that provide information that is or may be contrary to the facts.
• Unauthorized access to our system, falsification of program code associated with it, cheating acts using intentional misrepresentation of location information, cheating acts using communication device specifications and other applications, distribution of computer viruses and other acts to intervene normal operation of the Service and acts that may cause these.
• To use functions and tools, etc. that automate macros and operations.
• Acts that damage or may damage the credibility of the Service.
• Acts that may adversely affect the mind and body of adolescents and their healthy development.
• Acts of using the Service by impersonating a third party by using his/her account or through other methods.
• Acts that lead to or may lead to crimes such as fraud, abuse of controlled drugs, illegal buying and selling of deposits and savings accounts and mobile phones.
• Acts related to criminal proceeds, acts related to terrorist financing, or suspicious acts of these.
• Harassment, abuse, insult, harm, defamation, slander, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, country of origin, or disability.
• Other acts that the Company deems inappropriate.
12.2 If we determine that the user's actions fall under any of the items in paragraph 1, we can take any or all of the following measures without prior notice.
• Restrictions on the use of the Service
• Withdrawal based on cancellation of this contract
• Other acts that we reasonably deem necessary

Article 13 (Cancellation)
13.1 If the user falls under any of the following items, the Company may cancel the Contract and cancel the membership without any notice.
• If the registration information contains false information.
• If you have been withdrawn from our Company in the past.
• When the heirs of the user contact us that the user has died, or when we can confirm the fact that the user has died.
• When a minor uses this Service without the consent of a legal representative.
• When an adult ward, a person under curatorship or a person under assistance uses this Service without the consent of his/her adult guardian, curator or assistant, etc.
• When the user does not respond in good faith to our request.
• In addition, when we judge that it is inappropriate
13.2 In addition to the cases specified in each item of the preceding paragraph, the Company may cancel this Contract and cancel the membership by notifying the user 30 days in advance. If the user wishes to withdraw from the membership, the user may cancel this Contract and withdraw on the last day of the month in which the user takes withdrawal procedure determined by the Company.
13.3 A user who withdraws due to the measures in paragraphs 1 and 2 loses the benefit of time at the time of withdrawal and immediately fulfills all their obligations to the Company.

Article 14 (Non-guaranteed / Disclaimer)
14.1 The Company does not guarantee the completeness, accuracy, up-to-dateness, effectiveness, etc. of the Service and the contents of the Product. That is, our site or service may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, shipping times, and inventory status.
14.2 The Company will endeavor to display the color and image of the product on the site as accurately as possible, but we do not guarantee that the color of the product displayed on the monitor etc. used by the user is accurate.
14.3 The Company never guarantees the estimated delivery date and time of the product.
14.4 When a user uses the Service, there may be a transition from the Service to another service operated by a third party related to this Service (hereinafter referred to as "external service"). In that case, the user will use this service and the external service after agreeing to these Terms of Use of the external service at his/her own risk and expense. In addition, we do not guarantee the completeness, accuracy, effectiveness, etc. of the contents of external services.
14.5 We are not responsible for any damage caused by the user not changing the registration information.
14.6 Users should use this Service within the scope of the law. Even if the user violates or acts against Japanese or foreign laws and regulations in connection with the use of the Service, we will not take any responsibility.
14.7 The Company does not guarantee that this Service will not be interrupted, canceled or disturbed in other forms. In addition, we may suspend or change this Service for maintenance etc. without notifying the user, but even in this case we will not take any responsibility.
14.8 Even if user information is stolen due to unexpected unauthorized access, we will not be liable for any damages caused by such act.
14.9 The Company shall not be liable for any breach of all or part of this Contract due to natural disasters, fires, strikes, suspension of trade, wars, internal disturbances, epidemics of infectious diseases or other force majeure.
14.10 The Company shall not be liable for any troubles (whether inside or outside the Service) with the manufacturer of the Product or other users regarding the use of the Service. The trouble shall be solved by the user at his/her own expense and responsibility.

Article 15 (Responsibility for damages)
15.1 If the user causes damage to the Company in connection with the violation of these Terms of Use or the use of this Service, the user will compensate for the damage (including lost profits and attorney's fees) incurred to the Company.
15.2 Notwithstanding the other provisions of these Terms of Use except the following paragraph, if we cause damage to the user due to our responsibility, we will be liable for the damage only to the extent specified in each of the following items.
• In case of intentional or gross negligence of our company: Full amount of the damage
• In case of minor negligence: Within the range of ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees) that occurred directly and in reality, and up to 10,000 yen
• Notwithstanding the preceding paragraph, if the user is a corporation or if an individual uses this Service as a business or for business, the Company is not responsible for any damage incurred to the user in connection with this Service unless the Company intentionally or grossly neglects. In addition, when the Company compensates for damages, the amount equivalent to the product price related to the transaction is the upper limit.

Article 16 (Abolition of this service)
16.1 The Company may discontinue, suspend the Service, or change prices when the Company reasonably determines that it should do so.
16.2 In case of the preceding paragraph, we do not take any responsibility.
16.3 The Company can implement the measures in paragraph 1 without notifying the user.

Article 17 (Confidentiality)
17.1 The user and the Company must not disclose or leak confidential information disclosed by the other party to a third party regarding this Service. Confidential information is the technical, business and management information of the other party disclosed regarding the introduction of this Service regardless of whether it is in document, electromagnetic data, verbal or in other form, or whether or not the confidentiality is announced, indicated or clarified, or the scope of it is specified.
17.2 The information in each of the following items shall not be classified as confidential information.
• Information that you already had when the information is disclosed to you
• Information that was already publicly known at the time of disclosure or information that became publicly known for reasons not attributable to him/herself
• Information legally obtained from a third party after receiving disclosure
• Information originally developed or created regardless of disclosed confidential information
• Information requested to be disclosed based on laws and regulations or court order
17.3 The user and the Company may disclose the information only to their officers and employees (who are engaged in their own duties regardless of the contract type including employee contracts, entrustment contracts, business outsourcing contracts, etc.), collaborative researchers, contractors, external advisors, etc. who have a duty of confidentiality for the purpose to provide and improve this Service, and shall not use the information for any other purpose than the purpose of disclosure.
17.4 If this contract ends due to discontinuation of this Service, cancellation of this Contract or other reasons, the user and the Company will promptly return or discard the confidential information according to the instructions of the other party. In addition, when disposing of the information, the confidential information shall be disposed in the manner that it cannot be reused.

Article 18 (Exclusion of antisocial forces)
18.1 Users and the Company represent that they are not currently gangsters, members of gangsters, persons who stopped to be gangsters for less than five years, associate members of gangsters, companies affiliated with gangsters, Sokaiya or corporate extortionists, etc., political racketeering people, gangsters specialized in intellectual crimes and other persons equivalent to these (hereinafter referred to as "gangsters, etc.") and that they do not fall under any of the following items, and guarantee that they will not be gangsters, etc. or fall under any of the following items in the future.
• Having a relationship in which gangsters, etc. are recognized as controlling management
• Having a relationship in which gangsters, etc. are deemed to be substantially involved in management
• Having a relationship that is recognized as unfairly using a gangster, etc., for the purpose of gaining the wrongful profits of oneself, the company or a third party, or for the purpose of damaging a third party.
• Having a relationship that is recognized as being involved in providing funds, etc., or providing convenience to gangsters, etc.
• Officers or persons who are substantially involved in management have a socially criticized relationship with gangsters, etc.
18.2 The user and the Company assure that they will not perform any of the following acts by themselves or by using a third party.
• Violent demands
• Unreasonable demands beyond legal responsibility
• Acts of threatening behavior or using violence in relation to transactions
• Disseminating rumors, damaging the credibility of the other party or interfering with the other party's business by using counterfeiting or power
• Other acts equivalent to the previous items
18.3 The user or the Company may cancel this contract without giving any notice to the other party, regardless of whether or not such other party are responsible, in case that it is found that the other party becomes a gangster, etc., or falls under any of the items of paragraph 1, or acts that falls under any of the items of the preceding paragraph, or it is found that the other party has made a false declaration regarding the abovementioned representation and warranty for the paragraph 1.
18.4 The user and the Company confirm and acknowledge that if the Contract is canceled in accordance with the preceding paragraph, they shall not be liable for any damages even if the damages occur.

Article 19 (Contact/Notification)
Inquiries about the Service and other communications or notifications from users to us, and notifications regarding changes of these Terms of Use and other communications or notifications from us to users will be made by e-mail or by posting on our website. The notice becomes effective when it is sent from us.

Article 20 (Transfer of status, etc.)
The user and the Company shall not assign, transfer, set collateral, or dispose in other forms of all or part of the status under this Contract or the rights and obligations based on these Terms of Use to a third party without the prior written consent from the other party. Provided, this does not apply to the cases of share transfer, business transfer or merger, company split or other organizational restructuring.

Article 21 (Handling of personal information)
The Company will handle personal information in this Service according to the "privacy policy" determined by our company.

Article 22 (Separability)
22.1 Even if a part of the provisions of these Terms of Use are determined to be invalid under the law, the other parts of the provisions will survive.
22.2 Even if some of the provisions of these Terms of Use are invalidated or canceled in relation to a user, these Terms of Use remain valid in relation to other users.

Article 23 (Validity period of this Contract)
The period of validity of this Contract is from the time this contract is concluded until the user withdraws. The provisions of Article 11, Paragraph 3 of Article 13, Articles 14 to 16, Paragraphs 3 and 4 of Article 18, Article 20, and Articles 22 to 27 shall survive even after the termination of these Terms of Use.

Article 24 (Change of this agreement)
24.1 The Company may change these Terms of Use at any time based on the provisions of Article 548-4 of the Civil Code if any of the following items apply. This Contract after the amendment of these Terms of Use is subject to the provisions of the amended Terms of Use.
• When changes to these Terms of Use are for the interests of the user in general
• When the changes of these Terms of Use do not violate the purpose of the contract and is reasonable in light of the necessity of the changes, the appropriateness of the changed contents and other circumstances related to those changes
24.2 When the Company changes these Terms of Use, the Company will determine the effective time of the changed Terms of Use, notify the user of the contents of the changed Terms of Use and the effective time of it and inform the user by displaying them on this Service and through other methods specified by our Company at least 2 weeks before the effective time.
24.3 Notwithstanding the provisions of the preceding two paragraphs, if the user uses this Service after notifying the changes of these Terms of Use specified in the preceding paragraph, or if the user does not take the cancellation procedure within the period specified by the Company, the user shall be considered to agree with the changes of these Terms of Use.

Article 25 (Governing law)
The governing laws of these Terms of Use are all Japanese laws and regulations.

Article 26 (Jurisdiction)
For all the lawsuit or other legal proceedings between the user and the Company, the Matsuyama District Court shall be the exclusive jurisdiction court for the first instance.

Article 27 (Complete agreement)
27.1 Even if the Company does not exercise or enforce the rights or provisions of these Terms of Use, it does not constitute a waiver of such rights or provisions.
27.2 These Terms of Use, as well as the policies or operational rules posted on this site or posted by us regarding the Services, constitute the entire agreement and understanding between the users and us, and it prevails the previous or contemporaneous agreements, communications and suggestions when using and managing the Service.

Article 28 (Others)
28.1 The user shall comply with the detailed rules separately stipulated by the Company for the matters not stipulated in these Terms of Use. In that case, such details, etc. shall be integrated with these Terms of Use.
28.2 Details, etc. will take effect from the time they are posted in the places designated by the Company.
28.3 If there is a conflict between such details and the contents of these Terms of Use, these Terms of Use prevail.
28.4 It is mutually confirmed that the Vienna Sales Convention (CISG) does not apply to transactions relating to these Terms of Use.
28.5 Regarding these Terms of Use, even if an English translation is prepared, if there is a contradiction or difference between the two versions of Japanese and English, Japanese shall take precedence in all respects.

Supplementary provisions

October 2021 1: Enacted and enforced

If you have any questions regarding these Terms of Use, please contact to [email protected]