Terms of Use

PORTSTYLE,Inc. ("Company" hereinafter) hereby establishes the following ICHIYON PLUS Online Store Terms of Use ("Terms" hereinafter) regarding use of the Internet shopping site operated by the Company ("Site" hereinafter; services provided by the Company through the Site are referred to as "Services" hereinafter). Any individual agreements established separately from these Terms shall constitute portions of these Terms. Users must consent to all of these terms in order to use the Site. In the event of any conflict between these Terms and an individual agreement, the individual agreement shall prevail, while both these Terms and the individual agreement shall apply simultaneously to other matters.

Article 1. Definitions

1. "Products" refer in general to products, rights, and services. Products include digital products.
2. "The Site etc." refers in general to the Site and the Services. The Site includes the Company's mobile site and mobile app.
3. "Member" refers in general to a member who has consented to these Terms and whose signup as a Member has been approved by the Company through the methods and procedures specified by the Company to apply for and purchase Products introduced or sold by the Company on the Site.
4. "Customer" refers in general to customers and Members using the Site based on consent to these Terms.
5. "Trademarks" refer in general to the Company's trademarks, logos, and trade names.
6. "Content" refers to the text, images, video, audio, and other works posted on the Internet site.
7. A "Partner Company" refers to a business partner with which the Company has concluded an agreement on provision of the Services.

Article 2. Customer eligibility

1. A Customer may use the Services on the Site pursuant to these Terms and individual agreements.
2. If it has determined that a Customer meets any of the descriptions enumerated below, then the Company may take actions such as suspension of the Customer's use of the Site or suspension of supply of shipments requested by the Customer:
3. When the Customer does not actually exist
4. When the Customer's Member qualifications were under suspension at the time of use, or they were cancelled in the past for causes such as violation of Company provisions
5. When the information provided in use includes misstatements, errors, or omissions; When the Customer has neglected to pay the Company
6. When the Customer has caused impediments to the business execution or technologies of the Company or a Partner Company
7. When the Customer has acted in ways that obstruct or impede use of the Site by other Customers
8. When the Customer has violated these Terms or other Company provisions in the past; Other cases judged inappropriate by the Company

Article 3. Delivery of shipments

1. Some Products and other shipments ("shipments" hereinafter) may not be deliverable to certain areas.
2. Customers may not change the destinations of Product delivery except by notifying the Company thereof through the Company's specified methods.
3. With the exception of some areas, Company Products are delivered to Customers under the responsibility of the delivery service with which the Company has contracted. The provisions specified by the delivery service shall apply to matters related to delivery.
4. Except where it is stated by the Company on an individual page that the Company bears such costs, delivery charges etc. for shipments shall be borne by the Customer.

Article 4. Notifications

1. A Customer must notify the Company promptly, using the Company's designated form, of any change in information of which he or she has notified the Company.
2. The Company shall notify Customers of necessary information through posting it to the Site, sending it by email, or other means that it deems appropriate.
3. Notifications from the Company shall be deemed to have been received by the Customer at the time they normally would arrive after being sent to the Customer's contact information as notified to the Company through the Company's specified method ("notification information" hereinafter). The Company shall not be liable for any damage suffered as a result of a change in such notification information.

Article 5. Provision of information

The Customer acknowledges that all content, including the Website and emails, may include advertisements or banners. The Customer also acknowledges that the Company may provide product information and other information by email, fax, direct mail, or other means.

Article 6. Handling of personal information

1. The Company will use Customers' personal information for the following purposes:
   1. Sale of Products, rights, services, etc. of the Company and third parties
   2. Shipment and delivery of Products
   3. Billing and calculation of charges
   4. Review of use
   5. Management of Customer information
   6. To send email newsletters
   7. To provide information on the Service and other related information
   8. To manage seminars and events
   9. To conduct promotional campaigns, provide notice of prizes won, send prizes, etc.
   10. To elucidate and analyze data as necessary for new development of the Services
   11. To provide loyalty rewards and affiliate services
   12. To support products, services, etc., and respond to inquiries etc.
   13. To maintain computer systems or respond to problems with them
   14. To exercise rights or perform obligations under contracts, laws or regulations, etc.
   15. For purposes specified individually under other services provided by the Company
   16. For purposes such as providing other communications, managing services, and sending related materials
   17. For other purposes in order to provide services smoothly
2. The Company may use the following personal information, which can be used to identify specific individuals individually or in combinations of two or more, for the purposes of use described in the preceding paragraph: name, address, telephone no., gender, email address, date of birth, credit card information, bank account no., purchase history, family structure, occupation, job title, qualifications held, annual income and other financial information, interests, preferences, ID, IP address, information on homepages visited and other access logs, information on complaints, consultation, or inquiries, voice information, facial photographs and other images, and other information as needed to provide services.
3. The Company shall protect personal information properly in accordance with its Privacy Policy and shall not use Customers' personal information beyond the extent reasonably necessary for achievement of the purposes of use disclosed when collecting the personal information. If there is a need to use personal information for other purposes, the Company shall notify the Customer or other related party of such fact in advance. However, this shall not apply in the following cases.
   1. When the Customer concerned provides his or her consent to such use, or has consented in advance to such use
   2. When needed urgently to protect the Customer's life, health or safety, or property
   3. When particularly necessary for purposes of improving the public health or promoting the sound raising of children, and it would be difficult to obtain the the Customer's consent
   4. When disclosure of such information has been demanded under laws, regulations, etc. or as part of legal proceedings such as a criminal investigation
   5. When an inquiry based on reasonable grounds has been received from a public institution
   6. When subcontracting all or part of operations conducted by the Company to a third party
   7. When disclosing such information to the successor during business succession due to a merger, sale of the business, or other reasons
   8. As authorized under the Act on the Protection of Personal Information or other laws or regulations
4. The Company may employ cookies when Customers use the Site.

Article 7. Prohibited acts

1. In using the Services, the Customer must refrain from any acts that meet, or could meet, any of the descriptions enumerated below.
   1. Acts of using the Site etc. for improper purposes
   2. Acts infringing on the copyright, trademark rights, design rights, patent rights, or other intellectual property rights, rights of likeness, publicity rights, or other rights of a proper rights holder, including the Company or its Partner Companies
   3. Acts infringing on the property, privacy, rights of likeness, or publicity rights of the Company or its Partner Companies
   4. Acts of discrimination, intimidation, libel or slander, or harming the trust or good name of the Company, its Partner Companies, or other third parties, whether true or false
   5. Acts causing disadvantages or damage to the Company, its Partner Companies, or other third parties
   6. Acts of impersonating a third party in using the Site etc.
   7. Acts of transmitting or providing computer viruses or other harmful software programs, or encouraging such acts
   8. Acts of unauthorized alteration or deletion of information usable to the Company, its Partner Companies, or other third parties on the Site etc.
   9. Acts of improperly using, or impeding the operation of, equipment of the Company, its Partner Companies, or other third parties
   10. Acts impeding operation of the Site etc. and the Company
   11. Acts in violation of laws, regulations, ordinances, etc. or counter to public order and decency
   12. Criminal acts, furtherance of criminal acts, or suggesting that they should be carried out
   13. Acts in violation of these Terms and other provisions established by the Company
   14. Others acts judged by the Company to be inappropriate
2. If the Company has suffered any damage as a result of an act enumerated in the preceding paragraph (including the amounts of labor costs of personnel involved in responding to such act and other costs incurred), it may demand from the Customer compensation for the damages suffered by the Company.

Article 8. Suspension and cancellation of Customer eligibility

1. 1. In any of the cases enumerated below, the Company may, without any prior notice or warning to the Customer or obtaining the Customer's consent, suspend the Customer's use of the Site etc. temporarily, temporarily suspend or cancel the Customer's qualification as a Customer, or cease supply of shipments requested by the Customer, with no obligation to disclose the reason for taking such measures.
   1. When he or she has used, or let another party use, the Site etc. improperly
   2. When he or she has neglected to pay the Company
   3. When he or she is judged to have misstated information entered during registration of notification information
   4. When the Customer has been subject to a filing, or has filed him or herself, for seizure, provisional seizure, provisional disposition, compulsory enforcement, bankruptcy, or civil rehabilitation
   5. When he or she has used information provided through the Site etc. improperly
   6. When the Company has judged the Customer to pose a risk of causing damage to the Company, a Partner Company, or another third party
   7. When he or she has committed any of the prohibited acts stipulated in the preceding article
   8. When the Customer has violated any of the provisions of these Terms, an individual agreement, or other provisions stipulated by the Company
   9. When the Company has judged his or her use of the Site etc. to be improper
   10. Other cases when he or she has been judged inappropriate by the Company to be inappropriate as a Customer
2. The Company shall not be liable for any damage suffered by a Customer as a result of the Company having taken the measures described in the preceding paragraph when the Customer meets any of the descriptions enumerated therein. In addition, the Company shall not provide any compensation to the Customer or be subject to any responsibilities or rights with regard to such measures.

Article 9. ICHIYON PLUS Terms of Membership

In addition to these Terms, the Terms of Membership also apply to Customers'' purchases of products from the Company. If the shipment is of a product and signing up as a Customer was not required, the provisions of the Terms of Membership will apply to product delivery, bearing of delivery charges etc., delivery of replacements, product exchange, etc.

Article 10. Disclaimers

1. The Company makes no legal guarantee regarding the accuracy, completeness, usefulness, timeliness, propriety, accuracy, operation, etc. of content of the Site etc. and information etc. obtained by Customers through the Site. The Company will not be liable for any damage suffered by Customers or third parties due to such information.
2. The Company makes no guarantee to Customers regarding the quality or performance of the Site etc. In addition, the Company will not be liable to Customers for any temporary interruption or suspension of the Site etc. or any flaws therein, or for any resulting losses or damage (including loss of data entered, for any reason).
3. If a Customer has purchased a product from a Partner Company, the party to the sale agreement will be that Partner Company. The Company shall not bear any liability regarding products purchased by Customers from Partner Companies.
4. The Company shall pay compensation for damage related to products purchased by Customers from the Company, in the amount of direct damage actually incurred and not to exceed the sale price etc. of the product, solely in cases of damage to Customers resulting from hidden defects in the products or damage to Customers caused by reasons for which the Company is responsible.
5. The Company makes no guarantee that Customers will not suffer damage due to computer viruses or other harmful software programs when using the Site.
6. The Company makes no guarantee regarding the operation of any devices, software, etc. used by Customers when using the Site.
7. The Company shall not bear any telecommunications costs incurred when a Customer uses the Site etc.
8. The Company shall not bear any liability for any damage suffered by a Customer as a result of, or in connection with, use of the Site.
9. The Company shall not bear any liability for damage suffered by the Customer, another Customer, or a third party as a result of, or in connection with, a Customer's use of the Site, damage to the third party or the Customer as a result of, or in connection with, viewing of the Service by a third party (including damage suffered by a Customer as a result of a malicious third party collecting personal information through any means), or disputes between a Customer and another Customer or a third party.
10. This Article governs any and all liability of the Company to Customers. The Company shall not pay compensation for damage to any Customer other than that covered in this Article, including that for loss of earnings, indirect damage, specific damage, or legal fees.

Article 11. Intellectual property rights

1. All intellectual property rights to content provide through the Site or other websites operated by the Company are the property of the Company or third party licensors. License to use the Services based on registration as stipulated in these Terms shall not constitute a license to use the intellectual property rights related to the Company website or the Services.
2. Intellectual property rights to reviews, images, etc. posted by Customers on the Site shall be the property of the Company. Customers shall acknowledge that the Company has the right to duplicate and use such materials freely.
3. The Company may take legal measures immediately if it has discovered any acts in violation of domestic or foreign copyright law or other laws or regulations, including unauthorized duplication, reuse, or other secondary use of the content of the Site or other websites operated by the Company. If the Company has suffered any damage as a result of such an act, the violator must compensate it for such damage.

Article 12. Suspension and interruption of Services etc.

1. In any of the cases enumerated below, the Company may suspend or temporarily interrupt Services etc., in whole or in part, with no prior notice or consent:
   1. For purposes of maintenance of computer systems, including repairs, inspection, and upgrades
   2. In the event of fire, power failure, natural disaster, war, riot, civil unrest, labor negotiations, or similar incident
   3. In the event of problems with computer systems or similar incidents that would make it difficult to provide the Services etc.
   4. When necessary electrical and telecommunications services are unavailable
   5. For other operational or technical reasons similar to those described in the two preceding paragraphs
   6. In other cases in which the Company has judged there to be a need to suspend or temporarily interrupt Services etc.
2. The Company shall not be liable for any damage suffered by a Customer due to suspension or temporary interruption of Services etc.

Article 13. Revisions to and discontinuation of the Services etc.

The Company may revise or discontinue the Services etc., in whole or in part, at any time without any prior notice or consent. The Company shall not be liable for any disadvantages or damage suffered by a Customer due to such revisions to or discontinuation of the Services etc.

Article 14. Amendment of these Terms

1. The Company may amend these Terms without any prior notice or consent. In such a case, the amended Terms shall take effect as of the time they are posted to the Site, and any and all matters related to the Site shall be governed by the amended Terms.
2. The Company may abolish these Terms without any prior notice or consent. No refunds shall be paid for shipping charges, compensation paid for damages, etc. in the event of the abolition of these Terms.

Article 15. Governing law and court with jurisdiction

1. These Terms shall be governed by the laws of Japan.
2. Depending on the amount in dispute, the Kobe Summary Court or the Kobe District Court shall be the exclusive court of first instance for any disputes regarding these Terms.

Established: April 1, 2005
Some of the provisions above were amended April 1, 2020.