Terms of Use

Terms and Conditions of use

This terms and conditions of use (hereinafter called, “Terms and conditions”)is to establish the conditions of use of service (hereinafter, ”Service”) provided in this website by TOM’S Co. Ltd.(hereinafter called, “TOM’S”). Registerd users (hereinafter called, “Member”) can use Service subject to Terms and conditions.

Article 1 (Application)
Terms and condition shall be applied to all concerned matter regarding use of Service between Member and TOM’S.

Article 2(Member Registration )
Person interested in registration shall apply for Member registration according to the procedure set by TOM’S.
And TOM’S approve this application. then Member Registation shall be completed.
TOM’S may deny the application for registaration in case TOM’S judges Member Registration applicant is not appropriate with the below mentioned concern. And TOM’S has no disclosure obligation for that reasons.
(1)Case of fales entry in application for Member Registration
(2)Case of application from person who has acted against this Terms and conditions previously.
(3)Miscellaneous case, which TOM’S judged Member Registration is inappropriate.

Article 3(Managing User ID and Password)
User, with his own responsibility, should manage User ID and Password for Service.
User, under any circumstances, may not assign or tranfer or lend User ID and Password to a third party.
TOM’S will regard access has been made by User, in case User ID and Password entered for the login matches credentials registered by the said User.

Article 4(Charge of Use and Payment method)
Member, in compensation for Use of Service, should pay charge of use. Charge amount to be decided by TOM’S separately and displayed in this website. Payment method to be specified by TOM’S.
In case of payment delay caused by Member , Member is subject to late payment charge of 14.6% annual interest of Charge amount.

Article 5(Prohibited Actions)
Member, when using Service, is not allowed to do the following Actions
(1)Violation of any relivant laws, or public order and standards of decency
(2)Any action relating to criminal act.
(3)Any action to break or interrupt sever / network function of TOM’S
(4)Any action which may interrupt Service operation of TOM’S
(5)Any action to collect or accumulate pesonal information etc. of other User
(6)Any action to pretend to be other User
(7)Any action to give favors to antisocial forces directly or indirectly with regard to Service of TOM’S.
(8)Further, Action which TOM’S deems to be inappropriate.

Article 6(Suspension and discontinuation of Service)
TOM’S may suspend or discontinue all or some part of Service without prior notice to Member, in case TOM’S deems below mentioned occasion occurs.
(1)Case of maintenance and renewal of computer system for Service.
(2)Case of difficulty to provide Service due to unavoidable occurance, such as earthquake, thunderbolt, fire, electric outage and other natural disaster.
(3)Case of shut down of computer or communication line due to accident.
(4)Other case, TOM’S deems Service provide to be difficult
TOM’S is exempted from responsibility for any detriment or damege caused by Service suspention or discontinuation to Member or a third party irrespective of the reason.

Article 7(Service Restriction and Revocation of User Registaration)
TOM’S can stop or restrict Service for Member, or can revoke Member regiatration in the below mentioned case without prior notice to Member.
(1)Case of violation in any article in this Terms and conditon of use
(2)Case of turning out of falsity in Member registration
(3)Other cases TOM’S deems use of Service of specified Member to be inappropriate
TOM’S is exempted from responsibility for any detriment or damege caused by TOM’S action based on this Article to Member.

Article 8(Disclaimer)
TOM’S is exempted from responsibility for debt default unless it caused intentionally or by gross negligence of TOM’S.
In case TOM’S is responsible by any reason, the responsibily is limited to usually possible damage, and at fee-based Service, within charge amount for Service. (in case of consecutive Service, within monthly charge amount)
TOM’S is exempted from any responsibility, which is caused by dealing, communication, conflict, dispute etc. occurred between Member and another Member or a third party person regarding Service.

Article 9(Sevice changes )
TOM’S may make change of Service contents or may suspend providing Service without notice to Member. And TOM’S is exempted from any responsibility for damage caused to Member by these action.

Article 10(Change of ‘Terms and Conditions of use’)
TOM’S may change this ‘Terms and Conditions of use’ without notice to Member, in case TOM’S deems to be necessary.

Article 11(Notice or Communication)
Notice or Communication between Member and TOM’S shall be done in the manner set up by TOM’S.

Article 12(Prohibition transfer of rights and obligation)
Member is prohibited to assign status in use of Service, or rights and obligations based on ‘Terms and conditions’ to a third party, or prohibited to pledge those as a collateral to a third party.

Article 13(Governing Law ・Jurisdiction)
Interpretion of ‘Terms and conditions’ shall be governed in accordance with the laws of Japan.
Any conflicts, disputes that might arrise out of Service shall be submitted to the exclusive jurisdiction of the court which exercise jurisdiction over location of TOM’S head office.