website

082+ Official Online Shop — Terms of Service

1. The “082+ Official Online Shop” is

a website operated by SWIPE Inc. (hereinafter “the Company”).

2. The terms of use for the services of the “082+ Official Online Shop” (hereinafter “the Service”) (hereinafter “these Terms”) are set forth as follows.

Chapter 1 General Provisions

Article 1 Scope and Amendment of these Terms

1. These Terms set forth the conditions for use of the Service operated by the Company.

2. These Terms apply to all Users (as defined in Article 3) with respect to their use of the Service.

3. The Company may amend all or part of these Terms at any time without the prior consent of Users, by notifying Users in a manner the Company deems appropriate, such as posting on the website or sending an e-mail.

4. When all or part of these Terms is amended, the amended Terms shall apply to use of the Service, and Users shall be bound solely by the amended Terms.

Article 2 Use of the Service

Users shall use the Service in accordance with applicable laws and regulations, these Terms, and the Privacy Policy, Help pages and other rules separately established by the Company.

Chapter 2 Users

Article 3 Users

In these Terms, “User” collectively refers to any person who, having understood and accepted all of these Terms, searches, views or uses the images, text, designs, logos, videos, programs, ideas, information and other materials the Company provides through the Service (hereinafter collectively “Content”).
This includes customers who have completed 082+ registration as defined in Article 4 below (hereinafter collectively “Members”).

Chapter 3 Members

Article 4 Members

“Member” collectively refers to any person who, having accepted the “082+ Terms”,

has applied to the Company for membership in “082+”, and, after the Company has accepted the application, has completed registration of the required information on the designated page as the prescribed registration procedure.

Article 5 Member Registration

1. Applicants for membership shall apply via the designated page of the Service by entering their name, gender, date of birth, postal code, address, telephone number and e-mail address, and setting a password.

2. Persons of elementary-school age or younger may not apply for membership.

3. If the Company approves an application under paragraph 1, it will send a registration confirmation e-mail, and the applicant will be registered upon receipt of that e-mail.

4. Membership is limited to persons who have an address in and reside in Japan.

5. The Company will not approve a registration application in any of the following cases:

(1) When it is found that the applicant has previously been subject to measures such as cancellation of registration for violating the terms of any service provided by the Company (including but not limited to these Terms)

(2) When it is found that the application contains false information

(3) When it is found that the applicant has, in connection with any service provided by the Company, previously delayed payment, failed to receive goods for an extended period, made unreasonable return or exchange requests, or otherwise defaulted on obligations

(4) When it is found that the applicant has previously engaged in any act prohibited under Article 18 (Prohibited Acts)

(5) When the Company otherwise reasonably determines that approving the registration would be inappropriate for the operation and management of the Service

Article 6 Changes to Registered Information

1. If any registered information changes in whole or in part, the Member shall promptly update it by the method separately designated by the Company.

2. The Company bears no responsibility for any damage arising from a Member's failure to update registered information in a timely manner.

Article 7 Suspension of Service and Cancellation of Membership

If a Member falls under any of the following, the Company may, without prior notice, suspend the Member's use of the Service, cancel the Member's registration, or take any other measures the Company deems appropriate:

(1) When it is found that the Member has previously been subject to measures such as cancellation of membership for violating the terms of any service provided by the Company

(2) When it is found that the registered information contains false information

(3) When it is found that the Member has, in connection with any service provided by the Company, previously delayed payment, failed to receive goods for an extended period, made unreasonable return or exchange requests, or otherwise defaulted on obligations

(4) When it is found that the applicant has previously engaged in any act prohibited under Article 18 (Prohibited Acts)

(5) When the Member violates any rules established by the Company (including but not limited to these Terms)

(6) When the Company otherwise reasonably determines that the Member is unsuitable for the operation and management of the Service

Article 8 Withdrawal

In accordance with Article 11 of the “082+ Terms”, Members may withdraw at any time.

Article 9

082+ ID, E-mail Address and Password Management

1. Members shall be responsible for strictly managing and safeguarding their

082+ ID, e-mail address and the password they set at registration.

2. Except with the prior consent of the Company, Members shall not transfer, sell, assign, lend, disclose or leak their

082+ ID, e-mail address or password to any third party.

3. Members shall immediately notify the Company if they discover that their

082+ ID, e-mail address or password is being used fraudulently by a third party.

4. Members shall bear sole responsibility for any damage arising from inadequate management of their

082+ ID, e-mail address or password, errors or mishandling in use, or unauthorized use by third parties, and the Company bears no responsibility whatsoever.

Article 10 Use of Personal Information

In accordance with Article 2 of the Company's separately established “Privacy Policy”, the purposes for which the Company uses Members' personal information obtained in connection with the Service are as follows:

(1) To ship products, send catalogs and direct mail, provide related after-sales service, and announce new products and services

(2) To provide information about the Company's mail-order business activities and events

(3) To compile statistical data for marketing, sales promotion and product planning (individuals cannot be identified)

Chapter 4 Purchase of Products

Article 11 Purchase of Products

1. Members may purchase products and other items from the Company through the Service.

2. Members wishing to purchase products shall apply for the purchase or use of the products by the method separately designated by the Company.

3. A sales contract for the products between the Member and the Company is formed when the Member, after confirming the delivery address and order details entered, clicks the order button, and the Company's order confirmation e-mail subsequently reaches the Member.

4. Notwithstanding the preceding paragraph, if there is any fraudulent or improper conduct in connection with use of the Service, the Company may cancel or terminate the sales contract or take other appropriate measures.

5. Delivery of products through the Service is limited to Japan and the overseas countries and regions separately designated by the Company.

Article 12 Payment

1. The amount payable for products is the total of the purchase price including consumption tax and any related handling fees.

2. Payment for products purchased through the Service is limited to credit cards in the Member's own name or other payment methods separately approved by the Company.

3. Credit card payments are subject to the terms of the Member's separate agreement with the card issuer. Any dispute between the Member and the card issuer arising from use of the card shall be resolved between the Member and the card issuer at their own responsibility.

Article 13 Returns and Exchanges

Returns and exchanges are accepted only when requested by the method designated by the Company within 7 days of receipt of the product and when the separately specified conditions are met. Exchanges are limited to a different color or size of the same product. The Member shall bear all shipping costs for the return or exchange; however, in cases of damage in transit, product defects, misdelivery, counterfeit or pirated goods, or other causes attributable to the Company, the Company shall bear all such shipping costs. Even when an exchange is requested, it may not be possible due to stock shortages or similar reasons, in which case the Company will refund the amount paid for the product.

Article 14 Disclaimer Regarding Products

1. Except as provided in the preceding Article, the Company makes no warranty and assumes no liability regarding the quality, materials, functions, performance, compatibility with other products or other defects of the Service or of products sold through the Service, nor for any damage, loss or disadvantage arising therefrom.

2. With respect to problems such as an unknown delivery address, the Company shall be deemed to have fulfilled its delivery obligation, and be released from it, by contacting the Member's registered contact information and shipping the products to the delivery address specified at the time of purchase.

Chapter 5 Use of Services

Article 15 Services Provided

The Company provides the following as part of the Service:

(1) Use of My Page (as defined in Article 16) by Members

(2) Viewing of pages linked from the Service

Article 16 Use of My Page

Members may use the My Page provided by the Company. After logging in, Members may view each function on My Page and enter, change, update or delete information in each function.

Article 17 Disclaimer

1. Where the Service provides links to other websites or resources, or where third-party websites or resources link to the Service, the Company bears no responsibility for the content, use or consequences of such linked sites (including but not limited to their legality, validity, accuracy, reliability, safety, currency and completeness). If the Company reasonably determines that the content of a linked website or resource is unlawful or inappropriate for the management and operation of the Service, it may remove the link without notice to Members.

2. The Company bears no responsibility for any direct or indirect damage, loss or disadvantage suffered by Members due to temporary suspension, discontinuation or modification of the Service in the following cases:

(1) Natural disasters such as fire, earthquake, flood, lightning or heavy snow

(2) Social unrest such as war, civil war, terrorism, riots or disturbances

(3) Failure to receive adequate service from the telephone company, carrier or provider contracted by the Company

(4) Circumstances the Company is technically unable to address

3. The Company shall be deemed to have fulfilled its obligations, and be released from them, by processing matters in accordance with the Member's registered information.

4. If a Member causes any damage to another User or a third party through use of the Service, the Member shall resolve the matter at their own responsibility and expense and shall not cause the Company any damage, loss or disadvantage.

Article 18 Prohibited Acts

Users shall not engage in any of the following acts. If a violation causes damage to the Company or a third party, the User shall be liable to compensate for all such damage.

(1) Acts that cause, or may cause, nuisance, disadvantage or damage to the Company

(2) Use of the Service for commercial purposes (except where approved in advance by the Company)

(3) Acts that violate, or may violate, laws and regulations

(4) Use of Content obtained through the Service beyond the scope of personal use

(5) Reproducing, selling, publishing, distributing or disclosing Content obtained through the Service, whether directly or via other Users or third parties, and similar acts

(6) Uploading to the Service, or transmitting by e-mail or other means, computer viruses, code, files, programs or other content designed to interfere with, destroy or limit the functionality of computer software, hardware or telecommunications equipment

Article 19 Intellectual Property Rights

1. All intellectual property rights in Content provided through the Service belong to the Company or to third parties who have licensed it to the Company.

2. Regardless of purpose, if any act prohibited by domestic or foreign copyright law or other laws is discovered — such as unauthorized reproduction, reposting or other unauthorized secondary use of the Company's Content — the Company will immediately take legal action.

3. If a dispute with a third party arises from a violation of this Article, the Member shall resolve it at their own responsibility and expense and shall not cause the Company any damage, loss or disadvantage.

Chapter 6 Operation of the Service

Article 20 Information Management

1. To analyze Users' access history and usage, and to improve services for Users, the Company collects the following information about Users' access history:

(1) The IP address or mobile device identifier used when the User accesses the Service's servers

(2) Access information the Company obtains through cookie technology (a technology that temporarily writes data to the User's computer via the web browser to record the date and time of the User's last visit, the number of visits, etc.)

2. Users acknowledge in advance that use of the Service may be restricted if they configure their web browser to refuse cookies.

Article 21 Maintenance of the Service

To keep the Service in good working order, the Company may temporarily suspend or discontinue all or part of the Service without prior notice to Users in any of the following cases:

(1) Scheduled or emergency maintenance of the computer system used to provide the Service (hereinafter “the System”)

(2) When operation of the System becomes difficult due to natural disasters such as fire, earthquake, flood, lightning or heavy snow

(3) When operation of the System becomes difficult due to social unrest such as war, civil war, terrorism, riots or disturbances

(4) When operation of the System becomes difficult due to system failure, unauthorized access by third parties, computer virus infection or similar causes

(5) When requested by an administrative or judicial authority on reasonable grounds

(6) When the Company otherwise determines that suspension or discontinuation of the System is unavoidably necessary

Article 22 Miscellaneous

1. If a problem arises in connection with use of the Service that cannot be resolved by these Terms or by the Company's guidance and response, the Company and the User shall resolve it through good-faith discussion.

2. Should litigation become necessary in connection with use of the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Supplementary Provision: These Terms apply to all Users from May 20, 2018.

All inquiries regarding these Terms and the Service should be directed to:

CompanyName

SWIPE Inc.

Address

〒550-0015
Yamago Bldg. Mezzanine 2F, 1-14-28 Minamihorie, Nishi-ku, Osaka, Japan

Responsible Person

Representative Director: Jiwon Kim

Tel. +81-50-3557-0882 Hours: 13:00–19:00

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