Article 1: Definitions
- The "Service(s)" mean individually and/or collectively the web services provided by Company through the sites either with the domain name "https://katalok.ooo/" or any of its subdomain sites.
- The "Product(s)" mean individually and/or collectively the products sold through the Services.
- The "User(s)" mean individually and/or collectively the end-user(s) of the Services.
- The "Shop(s)" mean individually and/or collectively the operator of the on-line shopping website provided through the Services, with such website referred to as the "Shop Site(s)".
- "Company" means Monkey Bread Inc.(owner/operator of KATALOKOO), provider of the Services.
Article 3: Interruption or Suspension of the Services on the Shop Site
Company may interrupt or suspend the Services on the Shop Site, in whole or in part, under any of the following circumstances:
- (1) When and if there is an urgent need to conduct inspections or maintenance operations of the system of the Services;
- (2) When and if the system server or its related communications lines are accidentally interrupted;
- (3) When and if the provisions of the Services become impossible due to an event of the force majeure, i.e. natural disasters such as an earthquake, lightning, fires, etc., or any other event beyond the Company’s or the Shop’s reasonable control, such as wars, civil disorders, riots, epidemic diseases; or
- (4) When and if Company or the Shop reasonably determine that it is necessary to interrupt or suspend the provisions of the Services
Article 4: Termination of the Services on the Shop Site
- Company may terminate the provisions of the Services on the Shop Site, in whole or in part, at any time in its sole discretion.
- In the case of the preceding paragraph, Company will notify the User on such termination of the Services no later than one(1) month prior to the date of such termination, by way of posting the same on the Company’s website, etc., provided however, in case (a) Company needs to terminate the provisions of the Services in whole or in part on the Shop Site due to any unforeseen or unavoidable reason and (b) Company is unable to provide the User with the one(1)-month prior notice, Company shall notify the User as soon as practicably possible.
- (1) When and if such revisions/amendments are in the general interests of the Users; or
- (2) When and if (a) such revisions/amendments do not contradict the over-all purposes of
reasonable, considering the circumstances such as the necessity for such revisions/amendments, scope of such revisions/amendments, etc.
Article 6: Purchase of the Products
- The Users shall order any purchase of Products to the Shop(s) utilizing the Services.
- The sale-and-purchase agreement between the User and the Shop will come into effect when the User clicks on the "confirm the order" button after confirming the delivery address and other order details registered through the Services and has received an e-mail message from Company confirming such order.
- Notwithstanding the preceding paragraph, the Shops reserve the right to cancel or terminate any sale-and-purchase agreement with any User, in the event of an illegal, unauthorized or inappropriate use of the Services or the Shop Site, together with the right to take other appropriate measures. For clarity, any purchase of Products through the Shop by a minor(an individual under the age of majority) or an individual with limited legal capacity(such as a person with incompetency) shall not be valid unless such transaction has been pre-approved by his/her legal representative.
- The Shop shall not in principle accept changes to or cancellations of any orders made by the User once the sale-and-purchase agreement on the said order has come into effect, subject only to the cancellation/return policy provided in Article 9 Clause 2 below.
- In case the Purchaser has selected the "bank transfer" as the method of payment for the purchase, the Shop reserves the right to cancel the sale-and-purchase agreement unless the Shop confirms receipt of payment within the period specified by the Shop in the "Notice required by the Japanese Act on Specified Commercial Transactions" posted on the Shop Site in question.
Article 7: Changes to the Registered Data
- The Shop shall not be liable for any loss or damages incurred by the User, including those due to any errors of or changes to the information registered at the time of the order, as long as the Shop has implemented all of its obligations under the-sale-and-purchase agreement based upon the information registered by the User at the time of placing the order.
- Notwithstanding the preceding paragraph, in the event the User wishes to change, whether in whole or in part, any information registered when placing an order, after the sale-and-purchase agreement has come into effect, the User must notify the Shop immediately, provided that the preceding paragraph shall apply to any implementations by the Shop completed prior to the date of receipt of such notice by the Shop.
Article 8: Payment Terms
- The User is obligated to pay to the Shop, per Product, the combined total of the listed price(including the price applicable to options if any) of the Product on the Shop, the Japanese consumption tax levied on such listed price, shipment expenses, and any other handling charges to be applied to the applicable purchase.
- As for any purchase for which the place of delivery of the Product is in Japan, the User may select the payment method for any purchase from (i) payment through a credit card company, (ii) bank transfer, or (iii) cash-on-delivery to be paid to the delivery service person, unless specified otherwise in the "Notice required by the Japanese Act on Specified Commercial Transactions" of the Shop Site in question.
As for any transactions for which the place of delivery is outside Japan, the only available payment method is "payment through a credit card company".
Please refer to the "Notice required by the Japanese Act on Specified Commercial Transactions"
page of the Shop Site in question each time for every transaction, to check the payment method available to the Purchaser.
- When the User has opted to make the payment using a credit card, the User must use the credit card issued under his/her own name. Any payment through the credit card shall be governed by the terms and conditions of the service agreement executed between the said User and the credit card operator, which prevails over the terms herein regarding the payment terms.
- In the case of the preceding paragraph, the User shall resolve any and all disputes regarding payment terms only with the credit card operator, holding Company and the Shop harmless from any damage or liability.
Article 9: Delivery; Return of Products
Delivery policy for each Product is as specified in the "Notice required by the Japanese Act on Specified Commercial Transactions" page of the Shop Site pertaining to the said Product.
The Shop has no obligations to accept the User’s request to return the purchased Product unless the said Product is defective. For clarity, in case there is a defect in the purchased Product, return/cancelling policy such as the method of return of the said Product and the paid amount, bearer of cost of return, etc. are as specified in the "Notice required by the Japanese Act on Specified Commercial Transactions" page of the Shop Site pertaining to the said Products.
Article 10: Personal information
Article 11: Prohibited Acts by the User
- The User shall not engage in any of the acts below:
- acts that infringe or may infringe upon the intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademarks, and industrial property rights) of any third parties including other Users, Company and/or the Shop;
- acts that infringe or may infringe upon the property, trust/good will, and/or privacy of any third parties including other Users, Company and/or the Shop;
- acts that cause or may cause damages to any third parties including other Users, Company and/or the Shop;
- acts that slander or may slander, or cause discomfort to, any third parties including other Users, Company and/or the Shop;
- acts that violate or may violate public order and morals, or acts that would encourage the same;
- acts that violate or may violate applicable laws, regulations, and statutes, or that encourage the same;
- use of any contents obtained from the Services and/or the Shop Site by the User for any purpose beyond personal use hereunder;
- acts of duplication, sale, publication, distribution, disclosure or other exploitation of any contents obtained from the Services or the Shop Site, through any third party including other Users, or any other acts equivalent to the same;
- acts which obstruct the operation or business of Company and/or the Shop and/or damage the credibility or reputation of Company and/or the Shop; and
- any other acts Company or the Shop reasonably determines inappropriate.
- The User shall be liable for any loss or damage incurred by Company and/or the Shop(including special damages such as the lost profits and the reasonable attorney’s fees)due to the breach of any of the preceding paragraph by the said User.
Article 12:Indemnifications; Disclaimer
- In the event the User has caused any damages to a third party incurred from his/her use of the Services, the said User shall, at its sole expense and liability, resolve the issue, holding Company and the Shop harmless from any loss or damage..
- Any and all information listed on the Shop Site and/or accessible through the Shop is provided on the "as is" basis. Company and/or the Shop make no warranty as to the completeness, accuracy, reliability, or usefulness of such information listed on the Shop Site and/ or accessible through the Shop.
- Company shall not be liable for any of the following:
- any loss or damage incurred by the User, either directly or indirectly from any display of information on the Shop Site which may have turned out to be false or which would be misleading; or
- any loss or damage incurred by the User, either directly or indirectly from the various deficiencies of the Products sold by the Shop, including but not limited to the deficiencies in quality, materials, performance, functionality, and /or compatibility with other products;
For each of the following cases, the obligation of the Shop to deliver the Products to the User shall be deemed completed as long as the Shop has (i) contacted the User at the User’s registered address and (ii) delivered the Product to the shipment address designated by the User, and Company or the Shop shall be no more liable to the User for any loss or damage:
- When the User fails or refuses to collect or receive the purchased Product;
- When the User is unable to collect or receive the purchased Product due to long absence without prior notice;
- When the shipping address is unknown, or
- Any other case when the User is unable to receive the purchased Product due to any cause attributable to the User.
Company shall not be liable for any loss or damages incurred by the User in using the Services, due to any causes including, but not limited to, suspension, interruption and or termination of the Services, revisions/amendments in the contents of the Services, and/or errors in any information posted on the Shop Site.
Article 13: Liabilities
- In the event that Company or the Shop is liable for damages for any reason (including but not limited to any liability under any applicable law including but not limited to the Japanese Consumer Contract Act ), Company or the Shop shall be liable only for direct and customary damages (not including special damages such as lost profits, consequential damages or legal fees) that has been actually incurred by the User.
Article 14: Copyrights and Other Intellectual Property Rights
- The intellectual property rights, including but not limited to copyrights, to any and all contents provided through the Services vest in Company, the Shops, or the third party underlying rights holders(collectively the "Owners"), unless stated otherwise herein. No Users are granted any right to utilize those intellectual property rights, without the express written prior approval of the Owners, for purposes other than the use of the Services hereunder.
- In the event there of any violation of the preceding paragraph by the User, the User shall resolve the issue at their sole expense and liability and hold the Owners harmless from any loss or damage.
Article 15: Assignment
Article 16: Exclusion of Anti-Social Forces
- Company and the Shops hereby prohibit the use of the Services by any and all anti-social forces or other similar parties (groups or individuals who pursue economic benefits by using violence, intimidations or fraudulent methods, etc., hereinafter collectively the "Anti-social Forces") .
- Company and/or the Shops reserve the right to suspend the provision of the Services to the User when and if the said User is determined by Company and/or the Shop to fall in the category of the Anti-social Forces.
- Neither Company nor the Shops shall be held liable for any damage or disadvantage caused to the User as a result of suspension of the Services based on the preceding paragraph.
Article 17: Severability
Article 18: Governing Law
Article 19: Jurisdiction