Article 1 Definition
A Member is an individual or a legal entity who has duly registered on “Noppin” site (hereinafter referred to as the “Website”) pursuant to the designated processes.
Crescent means Crescent Trading, Inc.
(4) Member’s Information
Members’ Information means information disclosed to Crescent by any Member or person with intention to obtain membership (hereinafter collectively referred to as “Current/Possible Members”) which includes but not limited to information regarding Current/Possible Members, and/or information on Member’s history of transactions as well as such information collected pursuant to Article 14.
Article 2 Services provided by Crescent
Crescent provides Members with following services (hereinafter referred to as “Services”):
(1) to act on behalf of any Member on request to purchase relevant merchandise through Website and dispatch it to such Member (hereinafter referred to as “Shopping Service”), and
(2) to act on behalf of a Member on request to purchase relevant merchandise through Website auction and dispatch it to such Member (hereinafter referred to as “Auction Service”).
Article 3 Crescent’s Obligations
1. With regard to the Shopping Service, Crescent shall make purchase of relevant merchandise in accordance with the price estimation thereof and arrange its dispatch only after the payment by the Member pursuant to price estimation of such merchandise submitted by Crescent to the Member.
2. With regard to the Auction Service, in case of any Member having made a successful bid of certain merchandise through Website, Crescent shall purchase such merchandise in accordance with conditions therefor and dispatch it to the Member. The Member shall pay the amounts in accordance with the instructions of Crescent.
Article 4 Disclaimer and Limitation of Liability
1. In connection with the Shopping Service, Crescent makes no representations or warranties regarding, including but not limited to, vendor, quality, non-infringement of rights of any party, reliability and/or legal compliance of the relevant merchandise.
2. In connection with the Auction Service, Crescent makes no representations or warranties regarding, including but not limited to, truthfulness, accuracy or reliability of the content, legal compliance or non-infringement of rights of any party with respect to the relative auction.
3. Crescent shall not be liable for any damage whatsoever incurred to Members caused by:
i) any discontinuation, delay, interruption or loss of data due to communication lines and/or system breakdown due to computer failure,
ii) any unauthorized access to data, or
iii)any other reason in connection with the Services.
4. Crescent makes no representations or warranties that data transmitted from, including but not limited to, Crescent’s web page, server or domain, are free from harmful contents to Members such as computer virus.
5. Crescent makes no representations or warranties with respect to ensured providing of Services to, or results of accesses by any Member.
6. Crescent shall not be liable for any damage incurred to any Member caused by his/her violation of the Agreements.
7. Crescent shall not bear any liability whatsoever for any damage incurred to any Member arising from or in connection with the Services unless otherwise such is caused by willful or gross negligence by Crescent.
Article 5 Registration
1. Any individual or legal entity who has agreed to terms and conditions of the Agreements and made due application for membership, shall become a Member only after being qualified pursuant to relevant assessments and procedures for membership of Crescent.
2. Membership registration for an individual shall be applied for by himself/herself and no proxy registration shall be accepted.
3. Membership registration for a legal entity shall be applied for in the name of such entity by its officer or employee who has due authorization.
4. Crescent may, at its own discretion, reject any registration application.
Article 6 Rights and Obligations of Members of the Website
1. Each Member may use the Services on the Website pursuant to the Agreements.
2. No Member may assign, lend, mortgage or otherwise dispose any right and/or obligation he/she may have in Crescent as a Member or through the use of the Services.
Article 7 Fees
Fees, including but not limited to calculation method and payment terms thereof, shall be in accordance with conditions set forth by Crescent separately, which may be modified or amended by Crescent from time to time.
Article 8 Payment of Fees
1. In the event any Member makes use of the Shopping Service, the Member shall make the payment of the price of the relevant merchandise in advance to Crescent’s purchase of such merchandise.
2. In the event any Member makes use of the Auction Service, the Member shall make payment within 7 (seven) calendar days after Crescent’s payment of the price for the relevant merchandise to the seller. The Member’s payment shall include price of the merchandise and Crescent’s charges (hereinafter referred to as “Auction Price”).
3. In either case of Shopping Service or Auction Service, ownership of the relevant merchandise shall be transferred to such Member only after he/she makes relevant payments of the price of merchandise or Auction Price, and the merchandise is delivered to him/her.
4. In the event of any violation of section 2 of this Article, Crescent may, at its own discretion, temporarily suspend any acceptance of order from the respective Member in connection with the Auction Service.
5. In case of the Auction Service, in the event the respective Member does not make payment of the Auction Price within 14 (fourteen) calendar days after Crescent’s payment of the price for the relevant merchandise to the seller, Crescent may withdraw relevant Auction Price from PayPal account or collect it through credit card of the respective Member.
6. In the event of delay of payment with respect to liability of any Member (including but not limited to Fees for the Services), and in the event the deduction or collection can not be made within the due date as provided for in the preceding section 5 with regard to the Auction Service, Crescent may charge the respective liability plus 300 (three hundred) yen per day as penalty from the next day of such due date (in case of the Auction Service such due date means as provided for in the preceding section 5). Provided, however, if the amount of damage incurred to Crescent is greater than aforesaid amounts, Crescent may request payment of the whole amount of the damage to the respective Member.
7. In connection with the Auction Service, if any Member fails to make payment of the whole or part of Auction Price within 30 (thirty) calendar days after Crescent’s payment of the price for the relevant merchandise to the seller, the respective defaulting Member shall lose all rights on purchase of such merchandise, and Crescent may resell such merchandise to any other person or entity. In such case, Crescent may allot the proceeds from the resale and the amount paid by the respective defaulting Member in such period to compensate the damage incurred to Crescent in connection with the relevant transaction. Crescent may further cancel the membership of the respective defaulting Member.
Article 9 Storage of the Merchandise
1. Crescent charges no storage fees to Members for the period of 60 (sixty) calendar days after the merchandise purchased in connection with the Services is delivered to Crescent.
2. If, however, aforesaid storage period exceeds 60 (sixty) days, the respective Member shall pay storage fee of 300 (three hundred) yen per day per piece of respective merchandise.
3. In case aforesaid section is applicable, the respective Member shall pay storage fee prior to Crescent’s dispatch of such merchandise for which storage fee is incurred.
4. If Crescent’s storing period of any merchandise purchased in connection with the Services exceeds 180 (hundred eighty) calendar days after its delivery to Crescent, and the respective Member fails to pay the storage fee immediately to Crescent, the respective Member shall lose all rights on purchase of such merchandise, and Crescent may allot the proceeds from resale of such merchandise to the damage incurred to Crescent. In this case, Crescent may retain the portions of price of merchandise and/or storage fee if they have already been paid by the respective Member.
Article 10 User ID, Password (and their Maintenance)
1. Upon qualification as a Member for the Services, Crescent issues an ID and a password to such eligible Member.
2. No Member shall assign, lend or disclose such ID and/or password to any third party.
3. Each Member shall bear the full responsibility whatsoever for use and maintenance of such ID and corresponding password.
4. Each Member shall inform Crescent immediately if he/she forgets the ID and/or password or if the ID or password is stolen, and shall follow Crescent’s instruction therefor.
5. In the event any third party makes use of Services using ID and password of any Member, Crescent regards the transaction to have been made by the Member to whom such ID and password belong. In such case, the respective Member shall be solely responsible for the damage whatsoever incurred to Crescent and compensate such damage to Crescent.
Article 11 Change of Registration Information
Each Member shall amend promptly his/her registration information in the event of any change in such information registered with Crescent. Crescent is not responsible for any disadvantage or damage whatsoever caused by the Member’s failure to amend such registration information. Provided, however, if any transaction has already been commenced prior to the amendment of such registration information, Crescent performs such transaction in accordance with the registration information valid at the time of commencement of the transaction.
Article 12 Termination of Membership
Any Member may, if he/she wishes, terminate membership only by himself/herself pursuant to procedures on Website. Upon completion of such termination procedures, the relevant Member loses the status as a Member.
Article 13 Prohibited Conducts
In connection with the Services, each Member expressly agrees to refrain from any of following conducts:
(1) which may violate applicable laws and regulations or the Agreements,
(2) which may infringe any right of, give damage to the benefit of, or reputation of any third party or Crescent,
(3) which may be a nuisance to or cause unpleasantness to any third party or Crescent,
(4) to provide false information to Crescent or any third party,
(5) to transmit or deliver any harmful computer program and/or data,
(6) to make use of Services in a manner other than as authorized by Crescent
(7) to make use of Website with a name or an e-mail address of another or fictitious person,
(8) to lend or assign user ID and/or password to, or to share such with any third party, or
(9) which may be otherwise against public order and/or standards of decency.
Article 14 Cookies, etc.
Crescent may collect information making use of information of IP addresses used for access by Members to Crescent’s servers and of unit identification number in case of accesses through mobile phone terminals as well as using technologies of cookies. Aforesaid collection of information is for the purpose of, including but not limited to, authenticating Members’ access to Website, monitoring Members’ access history and status of usage, and/or any other purpose Crescent may consider necessary.
Article 15 Handling of Member Information
Article 16 Use of Services
1. Prior to making use of any of the Services, Members shall agree to the Agreements including but not limited to this Term of Use.
2. Members shall read and understand the contents included in “General Rule for Shopping Service,” “General Rule for Auction Service” and “FAQ.” Services are available for use on basis of agreement and acknowledgement of Members that such contents constitute agreements between Members and Crescent.
Article 17 Discontinuation, Suspension, etc. of Services
3. Crescent may, without prior notice to Members, temporarily discontinue Services in case of:
(1) regular or urgent maintenance of the system and relevant equipment necessary for providing the Services,
(2) interruption, including but not limited to, in communication lines and/or power supply deployed by Crescent,
(3) actual or threatened earthquake, typhoon, flood, tsunami or other acts of god causing emergency situation; laws, regulation and/or government instructions requiring such limitation in communication; or otherwise Crescent at its discretion deciding that such discontinuation is necessary, or
(4) failure to provide Services due to technical reasons.
4. Crescent disclaims any liability whatsoever for damage incurred to Members caused by any such delay or temporary discontinuation.
Article 18 Suspension of Use and Cancellation of Membership
1. Crescent may suspend use of Services by any Member, change his/her ID and password, and terminate his/her status as a Member, if any Member:
(1) has given false information at the time of membership registration or gives such false information when using Services,
(2) violates laws and regulations or the Agreements,
(3) makes dishonest conduct or tort of any kind in using the Services
(4) makes input mistakes of password over permitted times or other conducts which may cause Crescent to take necessary measures to ensure security of the respective Member,
(5) logs in with frequency less than certain numbers in a period as specified by Crescent, or
(6) acts or fails to act in a manner that makes Crescent to consider such action as set forth in this section appropriate.
2. Crescent disclaims any liability whatsoever for any disadvantage or damage incurred to any respective Member owing to performance of Crescent as provided for in above section 1 of this article.
Article 19 Changes to and Deletion of Services
1. Crescent may, at its own discretion, with or without prior notice to Members, change or delete the whole or parts of the Service from time to time.
2. Upon any Member’s use of Services after such changes to or deletion of the Services, he/she is deemed to have agreed to such changes or deletion without reservation.
Article 20 Interest
In case Crescent owes any monetary liability to any of Members, including but not limited to, any amount erroneously transferred by a Member to Crescent, such monetary liability shall bear no interest.
Article 21 Agreements
The Agreements, shall be binding all Members of the Website effective throughout the whole term from the first registration procedures to the termination of their membership.
Article 22 Alteration, Change, Amendment and/or Modification of the Agreements
1. Crescent may, at its own discretion, alter, change, amend or modify parts of the Agreements from time to time without any prior notice. Such alteration, change, amendment and/or modification shall be effective upon posting of such on Crescent’s designated website.
2. Upon any Member’s use of Services after such alteration, change, amendment and/or modification, he/she is deemed to have agreed to terms and conditions of altered, changed, amended and or modified Agreements.
Article 23 Governing Laws and Jurisdiction
1. Conclusion, effectiveness, construction, enforcement and/or conflict resolution of the Agreements shall be governed by the laws of Japan, whereby United Nations “Convention on Contracts for International Sale of Goods” shall not apply.
2. Members and Crescent hereby agree to submit to the exclusive jurisdiction of the district court situated in Fukuoka, Japan for the first instance for resolution of any dispute arising from or in connection with the Agreements. Members and Crescent further agree that any other courts or dispute resolution institutions have no jurisdiction therefor.
3. Members and Crescent shall perform their obligations set forth in the Agreements until relevant dispute is duly resolved.
Article 24 Priority
If there is any discrepancy in provisions of this Term of Use and any of the Agreements, those of this Term of Use shall prevail.
Article 25 Severability
If any provision of the Agreements, or parts thereof, is held invalid or unenforceable under applicable laws of any jurisdiction, such invalidity or unenforceability shall have no effect on the other provision and remaining provisions of the Agreements shall remain in full force and effect.
This Term of Use is effective as of September 1, 2010