Terms of Service

ShopKloset is a matching service that allows individuals and corporations to buy and sell high-end fashion items, etc., on the app. This service is provided only to those who agree to these Terms, and these Terms apply to all persons using ShopKloset. All users are deemed to have agreed to these Terms by using ShopKloset.


Chapter 1 General Provisions and Members

Article 1 (Definitions)

  1. "Company" refers to ShopKloset Co., Ltd..
  2. "Service" refers to the shopping platform operated by the Company under the name "ShopKloset". The sale of products carried out using this Service shall be conducted through direct transactions between the Member listing the product and the User purchasing it, and the Company provides the Service as a platform to enable such direct transactions.
  3. "Application" refers to the application that provides the Service.
  4. "Terms" refers to these Terms of Service. If the Company establishes various special agreements (including, but not limited to, the "Special Agreement for Listing Products on ShopKloset (English Version)"), a privacy policy, various user guides, notes on use, help, FAQs, etc., in connection with the Service other than these Terms, they shall also constitute a part of these Terms, so please read them carefully.
  5. "User" refers to all individuals and corporations who use the Service. A "User" is not limited to a "Member" defined in Paragraph 6 of this Article but also includes individuals and corporations who use the Service without being Members.
  6. "Member" refers to an individual or corporation who has completed the membership registration procedures specified by the Company for using the Service, and whose registration has been approved by the Company.
  7. "Membership Applicant" refers to an individual or corporation who wishes to register as a Member in accordance with the registration procedures specified by the Company.
  8. "Registration Information" is a general term for all information registered by the User to the Service (including, but not limited to, e-mail address, Member ID, and password) and information registered by the User to other services (including, but not limited to, App Store and other application platform services) which is used in connection with the use of the Service.
  9. "Listing Member" refers to a Member who lists a product for sale on the Service pursuant to Article 10, Paragraph 1.
  10. "Seller" refers to a Listing Member who sells a product pursuant to Article 14.
  11. "Buyer" refers to a User who buys a product pursuant to Article 14.
  12. "Listing Price" refers to the price of a product listed by a Listing Member on the Service.
  13. "Terminal Device" refers to a tablet, smartphone, or other terminal device through which the Service can be used.

Article 2 (Purpose of these Terms)

  1. These Terms set forth the contractual conditions applicable to all Users of the Service provided by the Company, regardless of whether it is paid or free of charge. These Terms apply to all Users of the Service. You must agree to these Terms in order to use the Service, and you cannot use the Service if you do not agree.

Article 3 (Registration)

  1. A User shall not register false information when using the Service, not limited to the time of membership registration, and must register accurate and true information.
  2. A Membership Applicant must not register as a Member if they fall under any of the following items. Furthermore, the Company may decide whether or not to approve the membership registration at its discretion. At a minimum, the Company may not approve the membership registration if it determines that the Membership Applicant falls under any of the following items. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the Membership Applicant or a third party as a result of the Company not approving the membership registration, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).
    1. If the Membership Applicant registers false information during the membership registration process.
    2. If the Membership Applicant is already a Member of the Service at the time of the membership registration process.
    3. If the Membership Applicant has previously received measures from the Company such as temporary suspension of membership, forced withdrawal, or restriction of the use of the Service.
    4. If a dispute (including any trouble such as claims and demands, not limited to lawsuits) has arisen between the Membership Applicant and another User or a third party in connection with the Service in the past, regardless of whether there was intention or negligence on the part of the Membership Applicant.
    5. If the Membership Applicant is currently engaging in an act that violates these Terms or is likely to do so.
    6. If the Membership Applicant is found to be or fall under an organized crime group, a member of an organized crime group, a person who has ceased to be a member of an organized crime group for less than five years, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, etc., a specialized intellectual violence group, a person who pursues economic interests using violence, force, or fraudulent methods, or any equivalent person (collectively referred to as "Anti-Social Forces"), or is found to fall under any of the following sub-items:
      1. Having a relationship recognized as being controlled by Anti-Social Forces in its management.
      2. Having a relationship recognized as being substantially involved in its management by Anti-Social Forces.
      3. Having a relationship recognized as unjustly utilizing Anti-Social Forces, such as for the purpose of seeking improper profit for oneself or a third party, or for the purpose of causing damage to a third party.
      4. Having a relationship recognized as being involved in providing funds or other benefits to Anti-Social Forces.
      5. Having an officer or a person substantially involved in its management who has a socially reprehensible relationship with Anti-Social Forces.
      6. Having stated to the Company or a User that oneself or a related party is an Anti-Social Force.
    7. If the Membership Applicant cannot understand or read/write Japanese.
    8. If approving the membership registration is likely to impede the performance of the Company's operations or technical aspects.
    9. In addition to the preceding items, if the Company determines that it is inappropriate.
  3. If there is a change in the content of the membership registration, the Member must immediately change the registered content through the procedures specified by the Company, and the Member is responsible for managing and changing the registered content so that their own accurate information is always registered.
  4. If the Member has not made a change through the procedures specified by the Company despite a change in the content of the membership registration, the Company may treat the registration content as unchanged. Furthermore, even if a change is made, transactions and various procedures performed before the change may be based on the information before the change.
  5. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the Member's violation of the provisions of this Article, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).

Article 4 (Minor Users)

  1. Individuals under the age of 16 cannot use the Service. Furthermore, if an individual who is 16 years of age or older but is a minor uses the Service, the consent of a parent or guardian is required, so please be sure to read these Terms to the parent or guardian in advance before use. If a minor uses the Service, they are deemed to have obtained the consent of their parent or guardian.

Article 5 (Representations and Warranties of Listing Members)

  1. The Listing Member represents and warrants to the Company that the following matters are true throughout the period of using the Service:
    1. Compliance with these Terms.
    2. Not listing products in violation of the provisions of Article 11, Paragraphs 1 and 2.
    3. If a license, permit, approval, registration, or notification from judicial or administrative bodies, etc., is required for the use of the Service (including, but not limited to, the sale and import of products), that such license, permit, approval, registration, or notification has been lawfully and properly obtained or carried out.
    4. Regarding the product sold to the Buyer on the Service, there are no reasons that restrict the Buyer's acquisition and use of the ownership of the said product or impede it.

Article 6 (Registration Information)

  1. If Registration Information is entered when using the Service, the Company shall deem that the User recorded as the person who registered the said information has used the Service.
  2. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User as a result of the use of the Service by a third party entering the User's Registration Information without the User's consent, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).
  3. Only the User who genuinely registered the Registration Information may use the Service by entering the said Registration Information. The User shall not use the Service by using the Registration Information of a third party. Furthermore, the User must strictly manage and keep their Registration Information confidential to prevent any third party from logging into the Service or using the Service with the User's Registration Information. In addition, the User shall not permit a third party to use, assign, sell, pledge, lend, lease, or otherwise allow the use of the Service with their Registration Information, regardless of the form.
  4. If the User suspects that the Registration Information is being used fraudulently or that a security breach has occurred in the Service, the User must immediately contact the Company.

Article 7 (Withdrawal)

  1. A Member who wishes to withdraw may voluntarily withdraw through the procedures specified by the Company. However, withdrawal is not possible if there are unfinished settlements or transactions at the time of the withdrawal procedure. The Member must promptly and smoothly complete the unfinished settlements and transactions in accordance with these Terms before proceeding with the withdrawal procedure.
  2. A Member must immediately be subject to forced withdrawal in accordance with the preceding paragraph if they fall under any of the following items. Furthermore, if the Company determines that a Member falls under any of the following items, the Company may take measures such as temporary suspension of membership, forced withdrawal, restriction of the use of the Service, or other measures deemed appropriate by the Company. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User or a third party as a result of taking such measures, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).
    1. If false information was registered during the membership registration procedure.
    2. If multiple memberships were registered.
    3. If the Member has previously received measures from the Company such as temporary suspension of membership, forced withdrawal, or restriction of the use of the Service.
    4. If a dispute (including any trouble such as claims and demands, not limited to lawsuits) has arisen between the Member and another User or a third party in connection with the Service in the past, regardless of whether there was intention or negligence on the part of the Member.
    5. If the Member is currently engaging in an act that violates these Terms or is likely to do so.
    6. If the Member is found to be or fall under Anti-Social Forces, or is found to fall under any of the following sub-items:
      1. Having a relationship recognized as being controlled by Anti-Social Forces in its management.
      2. Having a relationship recognized as being substantially involved in its management by Anti-Social Forces.
      3. Having a relationship recognized as unjustly utilizing Anti-Social Forces, such as for the purpose of seeking improper profit for oneself or a third party, or for the purpose of causing damage to a third party.
      4. Having a relationship recognized as being involved in providing funds or other benefits to Anti-Social Forces.
      5. Having an officer or a person substantially involved in its management who has a socially reprehensible relationship with Anti-Social Forces.
      6. Having stated to the Company or a User that oneself or a related party is an Anti-Social Force.
    7. If the Member cannot understand or read/write Japanese.
    8. If a dispute (including any trouble such as claims and demands, not limited to lawsuits) is currently occurring between the Member and another User or a third party in connection with the Service, regardless of whether there was intention or negligence on the part of the Member.
    9. If the Company determines that the Member has not used the Service for a long period.
    10. If the Company determines that there is a risk that the Registration Information is being used fraudulently (including cases where the Registration Information is incorrectly entered in the Service).
    11. If the Company determines that the number or frequency of transaction cancellations in the Service is high.
    12. If maintaining the membership status is likely to impede the performance of the Company's operations or technical aspects.
    13. In addition to the preceding items, if the Company deems it necessary.
  3. The handling when a Member withdraws (including forced withdrawal based on the provisions of the preceding paragraph or other provisions of these Terms) shall be as follows:
    1. The Member will no longer be able to use the services within the Service that are only available to Members.
    2. The Member is not exempted from the fulfillment of obligations already incurred even after withdrawal.
    3. The Member remains bound by the provisions of these Terms (including, but not limited to, the clauses concerning the Company's disclaimer) regarding acts performed and events that occurred before the withdrawal, and matters arising therefrom.

Article 8 (Prohibited Acts)

  1. Users shall not engage in the following acts when using the Service:
    1. Acts that violate laws, regulations, or these Terms.
    2. Acts that aid, solicit, compel, or promote the violation of laws, regulations, or these Terms.
    3. Acts that violate public order and morals or general common sense.
    4. Acts that infringe upon the copyrights or other intellectual property rights, reputation, social trust, privacy, portrait rights, publicity rights, or any other rights or interests of others.
    5. Acts that cause mental damage, economic damage, or other damage to a third party.
    6. Sexual, obscene, violent acts or expressions, or any other acts that cause discomfort or adverse effects to a third party.
    7. Any act that may lead to discrimination.
    8. Acts using fraud, violence, or threatening language.
    9. Acts that aid, solicit, compel, or promote suicide, group suicide, self-harm, use of illegal drugs, use of quasi-legal drugs, or the like.
    10. Acts that constitute solicitation for multi-level marketing or pyramid schemes.
    11. Acts intended for advertising or promoting products or services other than the Service.
    12. Acts that violate the purpose of the Service or the spirit of these Terms, or obstruct the operation of the Service.
    13. Acts of impersonating another person.
    14. Acts of using the Service by using the Registration Information of another person.
    15. Acts of sending or posting the personal information (including, but not limited to, real name, address, email address, and phone number) of the User or another person on the Service.
    16. Acts of using all or part of the content, data, information, systems, functions, programs, etc., of the Service outside the Service.
    17. Acts of posting links or writing URLs on the Site to other websites or resources not operated by the Company (unless exceptionally permitted by the Company).
    18. Acts of directly contacting other Users outside the Service without going through the Service (including exchanging contact information outside the Service with other Users) or engaging in direct transactions with other Users outside the Service.
    19. Acts that induce the act in the preceding item.
    20. Acts that interfere with the security of the Service.
    21. Acts that adversely affect the functions of computer equipment, lines, software, etc., such as sending computer viruses.
    22. Acts that adversely affect the servers or networks related to the Service.
    23. Acts of unauthorized access to any system related to the provision of the Service by the Company.
    24. Acts of accessing the Service using methods other than the interface provided by the Company.
    25. Acts of circumventing the technical restrictions of the software and applications provided in the Service.
    26. Acts of utilizing security holes, errors, or bugs, etc., in the systems or software related to the Company's website.
    27. Acts of deciphering the systems, software, or protocols, etc., related to the Company's website by methods such as reverse engineering or disassembly.
    28. Acts of tampering with or modifying the systems, software, or protocols, etc., related to the Company's website.
    29. Acts of reproducing or secondarily using the systems, software, or protocols, etc., related to the Company's website.
    30. Acts of demanding additional fees after the order is completed without the Buyer's request.
    31. Acts that are likely to fall under any of the preceding items.
    32. Acts that are likely to aid, solicit, compel, or promote any act that falls under any of the preceding items.
    33. Other acts that the Company deems inappropriate and prohibits.
  2. If a User engages in any of the prohibited acts listed in the preceding paragraph, the User shall bear all responsibility, including liability for damages to the User or a third party who has suffered damage due to the said prohibited act, and shall indemnify the Company from such responsibility, regardless of whether there was intention or negligence on the part of the User. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the said prohibited act, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).
  3. If the Company incurs damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, attorney's fees, compensation paid when the Company compensates a User or a third party who suffered damage due to the said prohibited act, bank transfer fees for transferring the said compensation, shipping costs for the product when the Company carries out product return procedures, and expenses incurred when taking the measures in the next paragraph) due to the User engaging in any of the prohibited acts listed in Paragraph 1 of this Article, the User must compensate and indemnify the Company for these. Furthermore, when the Company compensates a User or a third party who suffered damage due to the said prohibited act or carries out product return procedures, the User must pay the Company an administrative fee (¥30,000 per transaction) in addition to the above compensation and indemnity.
  4. If an act determined by the Company to fall under any of the prohibited acts listed in Paragraph 1 of this Article is performed, or if the Company deems it necessary for other reasons, the Company may, without prior notice and regardless of whether there was intention or negligence on the part of the User, take measures to prevent the occurrence or expansion of damage due to the prohibited act or other measures deemed appropriate by the Company (including responding to requests for disclosure of information about the User from a person claiming infringement of their rights by the User). The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User or a third party as a result of taking such measures, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).

Article 9 (User Responsibilities)

  1. Users bear full responsibility for their use of the Service and must not cause any inconvenience or damage to other Users, third parties, or the Company.
  2. If a User causes damage to another User, a third party, or the Company in connection with the use of the Service, the User must compensate for such damage at their own expense and responsibility, must not cause any inconvenience to the Company, and must compensate the Company if damage is caused to the Company.
  3. If a User engages in an act that violates these Terms or is fraudulent or illegal, the User must compensate and indemnify the Company for the damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the Company.
  4. If a dispute (including any trouble such as claims and demands, not limited to lawsuits) arises between the User and another User or a third party in connection with the Company's services, the User must resolve the said dispute at their own expense and responsibility. Furthermore, if the Company incurs damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) regarding the said dispute, the User must compensate and indemnify the Company for these.

Chapter 2 Product Listing

Article 10 (Product Listing)

  1. A Member may list products they wish to sell on the Service in the manner specified by the Company.
  2. A Listing Member may set the Listing Price of the product themselves. If there is consumption tax, value-added tax, or other taxes that the Buyer is obligated to pay under applicable laws and for which the Listing Member is the taxpayer, the Listing Price set by the Listing Member shall be the amount including the said taxes.
  3. The Listing Member shall bear the shipping costs and shall set the price considering the shipping costs.
  4. If a Listing Member who meets the conditions specified by the Company lists a product on the Service, the product will be automatically listed in the name of the said Listing Member on the service named ShopKloset (English version) operated by the Company, upon the Listing Member's request. In this case, the "Special Agreement for Listing Products on ShopKloset (English Version)," which constitutes a part of these Terms, shall apply to the said Listing Member.
  5. In addition to the preceding paragraph, the Company may provide a function that allows a Listing Member to list products on platforms or e-commerce sites other than the Service through the Service. The details of the said function shall be separately determined by the Company.
  6. If a Listing Member cannot sell a product at the Listing Price, they must immediately change the price or cancel the listing before the order is completed, or immediately cancel the transaction after the order is completed.
  7. If a person other than the individual or corporation registered as the Listing Member purchases the product, the Company may request the Listing Member to submit information and materials necessary for the Company, such as information about the person purchasing the product and the contract form. Furthermore, if the Company suffers any damage from the person purchasing the product on behalf of the Listing Member, the Company may directly request compensation for the damage from the Listing Member.
  8. If the Company determines that the result of the examination based on the preceding paragraph is inappropriate, the Company may take measures such as restricting the use of the Service or other measures deemed appropriate by the Company against the Listing Member.

Article 11 (Prohibited Products for Listing)

  1. A Listing Member shall not list the following products on the Service: (1) Firearms, imitation handguns, air guns, stun guns, handgun parts, ammunition, cannonballs, antique guns such as matchlock guns, swords (including, but not limited to, firearms and swords stipulated by the Act for Controlling the Possession of Firearms and Swords). (2) Drugs such as narcotics, opium, stimulants, psychotropic drugs, and plants such as cannabis and poppies. (3) Dangerous substances such as poisons, deleterious substances, and explosives. (4) Items acquired through criminal acts such as theft, robbery, fraud, or extortion. (5) Counterfeit currency, counterfeit cards, counterfeit seals, and counterfeit documents. (6) Articles that may be used for criminal acts (including, but not limited to, identification documents such as driver's licenses, passports, and health insurance cards, contracted and usable mobile phones, unlocking tools, data skimming devices, and receipts). (7) Banknotes, coins, securities (including, but not limited to, checks, bills, and stock certificates), lottery tickets, betting tickets for horse racing, toto, entertainment tickets for music, theater, and sports viewing, airline tickets, train tickets, and other cash vouchers. (8) Human body, organs, cells, and blood. (9) Animals. (10) Food products, health foods, beverages, and alcoholic beverages (including commercially processed products; provided, however, that the Company may separately specify items that are exceptionally permitted). (11) Tobacco. (12) Fire extinguishers and laser pointers. (13) Real estate. (14) Pharmaceuticals, quasi-drugs, cosmetics, and medical devices (provided, however, that the Company may separately specify items that are exceptionally permitted). (15) In addition to the preceding items, products whose sale, possession, or import is regulated by laws, regulations, or contracts. (16) So-called legal or quasi-legal drugs. (17) Adult-related products (including, but not limited to, adult DVDs, adult photo books, child pornography, as well as school swimsuits, bloomers, school uniforms, and other items that may be used for the purpose of satisfying sexual curiosity). (18) Products containing violent expressions. (19) Products containing expressions that may lead to discrimination based on ethnicity, religion, race, gender, or age, etc.. (20) Products related to gambling such as horse racing, bicycle racing, and pachinko. (21) In addition to the preceding five items, products that violate public order and morals. (22) Imitation products using the same or similar brand names, logo marks, or product designs without the permission of the right holder, and products that are likely to be such imitation products (including products for which the Listing Member cannot prove authenticity with evidence). (23) Products that may cause the Buyer to misunderstand the origin of the product. (24) In addition to the preceding two items, products that infringe upon the trademark rights, copyrights, or other intellectual property rights, reputation, social trust, privacy, portrait rights, publicity rights, or any other rights or interests of others. (25) Non-sale items such as sample products and novelty goods (provided, however, that the Company may separately specify items that are exceptionally permitted). (26) In addition to the preceding two items, products purchased at stores and websites separately designated by the Company. (27) Products related to multi-level marketing. (28) Products that are likely to fall under any of the preceding items. (29) In addition to the preceding items, products designated by the Company. (30) Brands other than the brand items designated by the Company. However, celebrities may list their own brand from their own account or the account of the production company they belong to. (30) Items whose import or export is prohibited (however, this does not include domestic sales).
  2. A Listing Member may list shinkohin (new but not technically new, i.e., unused second-hand goods) on the Service. However, if a license, permit, approval, registration, or notification is required under the Secondhand Articles Dealer Act or other laws and regulations, the Listing Member must lawfully and properly obtain or carry out these at their own expense and responsibility.
  3. The Listing Member and the Buyer agree that, if the contract is canceled based on Article 17, Paragraph 3 or 4 after the Buyer receives the product, and the said product falls under any of Article 11, Paragraph 1, Items 23 to 25, the ownership of the said product shall remain with the Buyer even after the cancellation, regardless of whether the delivery of the said product from the Listing Member to the Buyer constitutes an illegal cause payment under Article 708 of the Civil Code, and the Buyer shall not be obligated to return the said product to the Listing Member. Furthermore, the Listing Member agrees that they cannot claim the return of the said product or the consideration for the transfer of ownership of the said product from the Buyer, and that they will not object even if the Buyer disposes of or scraps the said product.
  4. If the contract is canceled based on Article 17, Paragraph 3 or 4 after the Buyer receives a product that falls under any item of Article 11, Paragraph 1 (excluding products falling under Items 23 to 25), and the Listing Member had misled the Buyer into purchasing the product regarding its value, the preceding paragraph shall apply mutatis mutandis.
  5. If a Listing Member lists a product in violation of this Article, the Listing Member shall bear all responsibility, including liability for damages to the User or a third party who has suffered damage due to the said act, and shall indemnify the Company from such responsibility, regardless of whether there was intention or negligence. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the said prohibited act, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).

Article 12 (Cancellation of Listing of Prohibited Products, etc.)

  1. The Company may request the Listing Member to provide information, etc., that the Company deems necessary to confirm that the Listing Member has not violated Article 11, Paragraphs 1 and 2. In this case, the Listing Member must immediately provide the requested information, etc., to the Company.
  2. If the Company determines that there is a violation of Article 11, Paragraph 1 or 2, or if the listed product is prohibited from settlement under the terms or other provisions of any credit card company or other payment service provider usable in the Service, or if the Company determines that the listing of the product is inappropriate for other reasons, the Company may, without prior notice and regardless of whether there was intention or negligence on the part of the Listing Member, take measures such as cancellation of the product listing, temporary suspension, or other appropriate measures. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User or a third party as a result of taking such measures, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).

Article 13 (Prohibited Acts of Listing Members)

  1. In addition to the prohibited acts listed in Article 8, Paragraph 1, the Listing Member is also prohibited from engaging in the following acts: (1) Listing a product despite having no intention to sell the product. (2) Listing the same product multiple times. (3) Setting a Listing Price that exceeds the upper limit or falls below the lower limit of the Listing Price, if the Company sets an upper limit or a lower limit for the Listing Price. (4) Listing a number of products that exceeds the upper limit on the number of listed items, if the Company sets an upper limit on the number of listed items. (5) Listing a product in a category, brand, or theme that may mislead the Buyer. (6) Registering or posting false content, content that may mislead the Buyer, or content unrelated to the product and transaction conditions regarding the product to be listed and the transaction conditions on the Service (including not registering or posting content that affects the Buyer's judgment). (7) Posting images that may mislead the Buyer or images unrelated to the product on the Service. (8) Acts of attempting to unfairly manipulate the search results of search engines. (9) Posting texts and images (including, but not limited to, images of celebrities and images of products taken by others) on the Service that infringe upon the copyrights or other intellectual property rights, reputation, social trust, privacy, portrait rights, publicity rights, or any other rights or interests of others. (10) Not responding to the Buyer's inquiry or responding with false content or content that may mislead the Buyer. (11) After a transaction is established on the Service, shipping the product to the Buyer without inspecting the product under the Listing Member's responsibility (including shipping the product directly from the store where the Listing Member purchased the product to the Buyer; provided, however, this does not apply to shipping by a Listing Member individually permitted by the Company). (12) Notifying shipment on the Service despite not having shipped the product ordered by the Buyer pursuant to Article 14 to the Buyer (including the delivery address specified by the Buyer in the transaction). (13) Shipping the product ordered by the Buyer pursuant to Article 14 to a person other than the Buyer who placed the order (excluding cases where the delivery is to the destination provided by the Buyer). (14) Listing or selling counterfeit products, imitation products, fake goods, mock products, etc..
  2. If a Listing Member engages in any of the prohibited acts listed in the preceding paragraph, the Listing Member shall bear all responsibility, including liability for damages to the User or a third party who has suffered damage due to the said prohibited act, and shall indemnify the Company from such responsibility, regardless of whether there was intention or negligence on the part of the Listing Member. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the said prohibited act, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).
  3. If the Company incurs damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, attorney's fees, compensation paid when the Company compensates a User or a third party who suffered damage due to the said prohibited act, bank transfer fees for transferring the said compensation, shipping costs for the product when the Company carries out product return procedures, and expenses incurred when taking the measures in the next paragraph) due to the Listing Member engaging in any of the prohibited acts listed in Paragraph 1 of this Article, the Listing Member must compensate and indemnify the Company for these. Furthermore, when the Company compensates a User or a third party who suffered damage due to the said prohibited act or carries out product return procedures, the Listing Member must pay the Company an administrative fee (¥30,000 per transaction) in addition to the above compensation and indemnity.
  4. If an act determined by the Company to fall under any of the prohibited acts listed in Paragraph 1 of this Article is performed, or if the Company deems it necessary for other reasons, the Company may, without prior notice and regardless of whether there was intention or negligence on the part of the Listing Member, take measures to prevent the occurrence or expansion of damage due to the prohibited act or other measures deemed appropriate by the Company. In particular, if the act in Paragraph 1, Item 14 of this Article is performed, the Company will report and consult with various agencies such as the police, submit a damage report, and provide the Seller's information to each agency if necessary. The Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User or a third party as a result of taking such measures, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).

Article 13-2 (Prohibition of Copyright Infringement by Listing Images)

  1. The Listing Member shall not engage in acts that infringe upon the copyrights of a third party, such as posting images copyrighted by a third party on the Service without obtaining permission from the said third party (including modifying and posting images copyrighted by a third party).

Chapter 3 Transactions

Article 14 (Formation of Contract)

  1. The sales contract for the product is formed between the Listing Member who listed the said product and the Buyer at the time the Buyer completes the product purchase procedure.

Article 15 (Shipping and Payment)

  1. If a sales contract is formed pursuant to the preceding Article, the Seller must ship the product to the Buyer by the specified method, except when the contract is canceled pursuant to Article 17, Paragraph 2. If customs duties, consumption tax, or other taxes for which the Buyer is obligated to pay under applicable laws, and associated customs clearance fees, etc., arise due to the shipping, the Buyer must bear these taxes and fees separately from the product price and payment system usage fee described later, unless otherwise agreed upon with the Seller.
  2. If a sales contract is formed pursuant to the preceding Article, the Buyer must complete the payment procedure for the following product price and payment system usage fee via PayPal or other methods approved by the Company: (1) Product Price: The Listing Price of the product at the time the Buyer purchases the product shall be the amount of the Product Price. If there is consumption tax, value-added tax, or other taxes that the Buyer is obligated to pay under applicable laws and for which the Seller is the taxpayer, the amount of this Product Price shall be treated as including the said taxes. Furthermore, in the Service, the Seller grants the Company the authority to receive the Product Price, so the Buyer's obligation to pay the Product Price to the Seller is fulfilled at the time the Company receives the Product Price from the Buyer. (2) Payment System Usage Fee: The amount of the Payment System Usage Fee is calculated by multiplying the Listing Price by the rate separately determined by PayPal. If there is consumption tax, value-added tax, or other taxes that the Buyer is obligated to pay under applicable laws and for which the Company or PayPal is the taxpayer, the amount of the Payment System Usage Fee calculated by this formula shall be treated as including the said taxes.
  3. If a dispute arises between the Buyer and a payment service provider such as a credit card company or other third party in connection with the payment of the Product Price and the Payment System Usage Fee, the Buyer shall resolve it at their own responsibility and expense, and must not cause any inconvenience or damage to the Company or other Users. Furthermore, the Company shall not be liable for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User due to such dispute, regardless of whether such damages were foreseeable (including contract liability, tort liability, and liability based on any other legal theory).
  4. If the Company incurs damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) due to the dispute in the preceding paragraph, the said Buyer Member must compensate and indemnify the Company for these.

Article 16 (Settlement of Product Price)

  1. If a sales contract is formed pursuant to Article 14, the Seller shall be obligated to pay an administrative fee to the Company. The Company will bill the Seller for the administrative fee, and the Seller will pay it by the method specified by the Company.
  2. The amount of the administrative fee is calculated by multiplying the Listing Price by the rate separately determined by the Company. If there is consumption tax, value-added tax, or other taxes that the Seller is obligated to pay under applicable laws and for which the Company is the taxpayer, the amount of the administrative fee calculated by this formula shall be treated as including the said taxes.
  3. The Company will remit the remaining amount, which is the Product Price received from the Buyer (excluding the Product Price that was once received from the Buyer and then refunded to the Buyer for some reason) minus the following expenses, to the Seller in accordance with the closing date and payment date separately determined by the Company. If currency exchange to foreign currency is necessary for the said payment and deduction, the exchange will be performed at the exchange rate separately determined by the Company. Furthermore, if there is a remaining balance of the following expenses that cannot be deducted from the Product Price received from the Buyer, the Seller must immediately pay the said remaining balance in a lump sum to the Company after receiving a claim for the said remaining balance from the Company. The Seller shall bear the bank transfer fee. (1) Money for which the Seller is obligated to pay the Company. (2) Bank transfer fee to the Seller. (3) Shipping costs if the Company bore the shipping costs of the product. (4) Money for which the Seller is obligated to pay the Buyer (including, but not limited to, the refund of all or part of the Product Price from the Seller to the Buyer). (5) Damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the Company regarding the dispute between the Seller and the Buyer. (6) Other actual expenses necessary to realize the settlement between the Seller and the Company, which are reasonable for the Seller to bear. (7) Taxes, etc., that require withholding by the Company under applicable laws and regulations. (8) Other items that need to be deducted to realize the settlement between the Seller and the Company.
  4. If the Buyer is not registered for the Service, the Buyer shall pay an additional ¥1,000 to the Company for each settlement by the method specified by the Company.
  5. If any of the following events occur, the Company may withhold the settlement between the Seller and the Company and retain all or part of the Product Price received from the Buyer until the said event is resolved: (1) If the Seller infringes upon the rights of a third party, or there is a risk thereof. (2) If the Seller violates these Terms, or there is a risk thereof. (3) If a listing is made in violation of Article 11, Paragraph 1 or 2, or there is a risk thereof. (4) If the amount scheduled to be remitted to the Seller in the next and subsequent settlements, calculated according to the formula in Paragraph 3 of this Article, is likely to be less than the amount of expenses to be deducted from the Product Price received from the Buyer. (5) If a dispute has occurred between the Seller and the Buyer, and there is a possibility that the Seller will have to refund the Product Price, pay damages, or pay other money to the Buyer in the future. (6) If the Company has incurred or may incur damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) regarding the dispute between the Seller and the Buyer. (7) In addition to the preceding item, if the Company has incurred or may incur damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) due to the Seller's actions.
  6. Notwithstanding Paragraph 3 of this Article, if the Company's obligation to remit the Product Price to the Seller is extinguished due to the completion of the statute of limitations or other reasons, the Company may not remit all or part of the Product Price received from the Buyer.
  7. If the Company has a monetary claim against the Seller, the Company may offset it against the money to be remitted to the Seller based on this Article, regardless of whether the payment deadline has arrived.

Article 17 (Returns, Cancellations, etc.)

  1. If a sales contract is formed pursuant to Article 14, the Buyer cannot cancel, return the product, exchange it for another product, etc.. Furthermore, even if the Buyer wishes to cancel, return the product, exchange it for another product, etc., the Seller and the Company are not obligated to return the Product Price and Payment System Usage Fee paid by the Buyer Member.
  2. Even if a sales contract is formed pursuant to Article 14, the Seller may cancel the said contract without the Buyer's consent if the Seller has not yet shipped the product.
  3. Even if a sales contract is formed pursuant to Article 14, the said contract shall be canceled if any of the following events occur: (1) If the Buyer does not pay the Product Price within the period specified by the Company. (2) If the Seller does not ship the product within the period specified by the Company. (3) If the Company determines that the Buyer used a third party's credit card, or there is a risk thereof.

Chapter 4 Additional Functions of the Service

Article 18 (Content of the Service)

  1. The content of the Service shall be determined by the Company at its discretion as appropriate, and the Company shall provide the Service to the extent and content that is reasonably available at that time.

Article 19 (User Posts)

  1. When a User posts information such as articles, impressions, evaluations, comments, or images regarding other Users or Products on the Service, the said User shall be deemed to have granted the Company a license to use all rights under copyright law, including the right to reproduce, adapt, translate, transform, create derivative works, publish, distribute, publicly transmit, and otherwise utilize these pieces of information. This license shall be non-exclusive, royalty-free, perpetual, and irrevocable, and shall include the right to sublicense to third parties. Furthermore, the User shall not exercise moral rights of authors over these pieces of information.
  2. Users shall not make any posts that fall under any of the following items: (1) Posts with content that deviates from the purpose of the posting function. (2) Posts with content that includes harmful programs such as computer viruses. (3) Posts with content that infringes upon the copyrights or other intellectual property rights, honor, social credibility, privacy, portrait rights, publicity rights, or any other rights or interests of others. (4) Posts with content that leads to criminal acts, such as crime preannouncements or instructions for crimes. (5) Posts with content that violates laws, regulations, public order and morals, or general common sense. (6) Posts with content that causes mental damage, economic damage, or other damage to a third party. (7) Sexual, obscene, or violent expressions, or other posts with content that causes excessive discomfort or adverse effects to a third party. (8) Posts with content intended for advertising or promoting products or services other than the Service. (9) Posts with content that obstructs the operation of the Service. (10) Posts with content that violates the purpose of the Service or the spirit of these Terms. (11) Posts with content that the Company deems inappropriate in light of the spirit of these Terms. (12) Multiple posts to the same User or Product by the same individual or entity. (13) Posts that intentionally attempt to manipulate the evaluation of a User or a Product. (14) Posts made for the purpose of receiving compensation such as money or goods from a third party. (15) Posts with false content. (16) Posts made by impersonating a person other than oneself. (17) Writing intended for meeting an unfamiliar third party, or posts with content that promotes or induces such meetings. (18) Posts that include personal information about oneself or others (including, but not limited to, real name, address, email address, and phone number). (19) Posts that are likely to fall under any of the preceding items. (20) Posts that are likely to aid, solicit, compel, or promote posts that fall under any of the preceding items.
  3. The Company reserves the right to delete information posted by a User from the Service without prior notice, regardless of whether it falls under any of the items of the preceding paragraph, but the Company is not obligated to constantly monitor and delete posted information.
  4. The Company does not make any warranties regarding the accuracy, credibility, legality, up-to-dateness, usefulness, or the safety of linked websites, etc., of the information posted by Users. The User shall bear the responsibility for posts made by them, and the Company shall not be liable (including contract liability, tort liability, and liability based on any other legal theory) for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by other Users or third parties, regardless of whether such damages were foreseeable.

Chapter 5 Disclaimers

Article 20 (Disclaimer Regarding Transactions)

  1. The sale of Products from Seller to Purchaser conducted on the Service is a direct transaction between Users, and the Company is not a party to the sales contract.
  2. The Company shall not be liable (including contract liability, tort liability, and liability based on any other legal theory) for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by Users in connection with these direct transactions between Users, regardless of whether such damages were foreseeable. Furthermore, the Company shall not be liable for any troubles between Users and a third party in connection with these direct transactions between Users.
  3. If a User needs to make a request, inquiry, or complaint, etc., to the other party regarding a trouble with another User or a third party in connection with the use of the Service, the User must contact the said other party, not the Company. The Company may provide advice or information to Users regarding transactions between Users, but the Company makes no warranty as to the accuracy or usefulness of these, and shall not be liable for any reason, regardless of whether such damages were foreseeable.

Article 21 (Disclaimer Regarding Products)

  1. The Company does not confirm the content, quality, legality, up-to-dateness, usefulness, etc., of Products listed by Listing Members. The Company makes no warranty for these and assumes no responsibility whatsoever.
  2. The Company shall not be liable (including contract liability, tort liability, and liability based on any other legal theory) for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the use of the Product by Users or a third party, regardless of whether such damages were foreseeable.
  3. If a Listing Member causes damage to another User, a third party, or the Company, or if a dispute arises with another User or a third party, in connection with the content, quality, legality, up-to-dateness, usefulness, etc., of the Product, the Listing Member must compensate for such damage and resolve the said dispute at their own expense and responsibility, and must not cause any inconvenience or damage to the Company.
  4. If a Purchaser has requests, inquiries, or complaints, etc., regarding the Product, the Purchaser must contact the Listing Member who sold the said Product, not the Company. The Company may provide advice or information to Users regarding Products sold by Listing Members, but the Company makes no warranty as to the accuracy or usefulness of these, and shall not be liable for any reason, regardless of whether such damages were foreseeable.

Article 22 (Disclaimer Regarding Data)

  1. The Company does not make any warranty and assumes no responsibility whatsoever for the damage or disappearance of data, etc., registered by the User on the Service. Therefore, Users must always back up their own data.
  2. For the smooth provision of the Service, the Company may perform backup, reproduction, and other necessary acts on the data, etc., registered on the Service without the individual consent of the User, and the User consents to the Company performing these acts. This paragraph does not impose an obligation on the Company to perform reproduction for backup, etc.

Article 23 (Disclaimer Regarding Communication, etc.)

  1. The Company makes no warranty whatsoever that the Service does not contain harmful elements such as errors, bugs, or computer viruses. The Company shall not be liable (including contract liability, tort liability, and liability based on any other legal theory) to the User or a third party for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the inclusion of harmful elements in the Service, regardless of whether such damages were foreseeable.
  2. To use the Service, it is necessary to use third-party products such as terminal devices and third-party services such as Internet connection services. The Company makes no warranty whatsoever regarding the quality, performance, specifications, terms of use, etc., of these third-party products and services, and assumes no responsibility whatsoever, regardless of whether such damages were foreseeable. Furthermore, the Service may become unusable due to changes in the quality, performance, specifications, terms of use, etc., of third-party products and services, but the Company makes no warranty whatsoever regarding these and assumes no responsibility whatsoever, regardless of whether such damages were foreseeable.
  3. The quality of the Service may be affected by various factors such as the connection status or speed of the communication line, and the performance of the terminal device used by the User. The Company makes no warranty whatsoever regarding the quality when the User uses the Service, regardless of the possibility, and assumes no responsibility whatsoever for the User's inability to access the Service, etc.

Article 24 (Disclaimer Regarding Third-Party Websites)

  1. Even if a User can access a third-party website not managed by the Company via a link on the Service, the Company assumes no responsibility whatsoever for the content of such websites and the information provided through them.

Article 25 (Limitation of Liability for Damages)

  1. The Company's disclaimers set forth in these Terms shall not apply if the contract between the Company and the User regarding the use of the Service based on these Terms falls under a Consumer Contract as defined in the Consumer Contract Act (Act No. 61 of 2000), and damage occurs to the said User due to the Company's default or tort in the course of performing its obligations, provided such default or tort is attributable to the Company.
  2. If, by applicable laws and regulations (excluding the Consumer Contract Act (Act No. 61 of 2000) in Japan), all or part of the Company's disclaimers set forth in these Terms are invalidated, and the Company is determined to be liable for damages and/or compensation to the User, the Company shall be liable only for the tangible property damage that is actually incurred by the User and is direct and within the usual scope, regardless of the cause of action (such as default, tort, or any other cause of action), and shall not be liable for any other damages (e.g., lost profits or other passive damages, indirect damages, special damages, intangible damages, compensation for emotional distress, etc.). Furthermore, the amount payable by the Company shall be limited to the following amounts: (1) Payment to Listing Member: The total amount of administrative fees received by the Company from the said Listing Member during the one month preceding the date on which the act subject to compensation or indemnity occurred. (2) Payment to Purchaser: The total amount of payment system usage fees received by the Company from the said Purchaser during the one month preceding the date on which the act subject to compensation or indemnity occurred.
  3. In the case set forth in Paragraph 1, and if damage occurs to the said User due to the Company's negligence (excluding cases of willful misconduct or gross negligence by the Company), and the Company is liable for the said damage, the Company shall be liable only for the tangible property damage that is actually incurred by the User and is direct and within the usual scope, regardless of the cause of action (such as default, tort, or any other cause of action), and shall not be liable for any other damages (e.g., lost profits or other passive damages, indirect damages, special damages, intangible damages, compensation for emotional distress, etc.). Furthermore, the amount payable by the Company shall be limited to the amounts set forth in the preceding paragraph.

Chapter 6 Miscellaneous

Article 26 (Intellectual Property Regarding the Service)

  1. The copyrights and other intellectual property rights of all text, images, videos, data, etc., provided by the Company in the Service (excluding posts by Members) belong to the Company.
  2. Users shall not perform acts that infringe upon the Company's rights, such as the reproduction, adaptation, public transmission, etc., of these texts, images, videos, data, etc.

Article 27 (Hardware, etc.)

  1. Users must prepare all hardware and other equipment such as terminal devices, browsers and other software, and rights to use communication lines necessary to use the Service at their own expense and responsibility.
  2. Users shall use the Service at their own responsibility and judgment, and the Company assumes no responsibility whatsoever for malfunctions or other troubles of hardware, software, communication lines, etc., arising from the use of these.

Article 28 (Software)

  1. If there is software, etc., necessary to use the Service (hereinafter referred to as "the Software"), the Company shall provide it to the User and license its use. The User must download the Software at their own expense and responsibility. The Company may provide software on App Store or other application platform services, in which case the User must have the qualification to use the said application platform service to download the software, and must also comply with its terms of service.
  2. The Company may provide automatic or manual updates to the version of the Software being used by the User, as appropriate and without notice to the User, to keep it up-to-date.
  3. The copyrights and other intellectual property rights related to the Software belong to the Company or a third party who licensed the use of the Software to the Company. The Company's license of the Software to the User does not imply any transfer of rights to the User.
  4. The Company makes no warranty whatsoever regarding the quality, performance, operation, completeness, accuracy, or suitability of the Software for the purpose of use or equipment. The Company shall not be liable (including liability for defects and any other legal theory) for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the User's installation or use of the Software, regardless of whether such damages were foreseeable.
  5. The Software constitutes a part of the Service, and the provisions regarding the use of the Service in these Terms also apply to the use of the Software.

Article 29 (Acquisition and Use of Information)

  1. The Company may collect and use information about Users who use the Service. For details, please refer to the [Privacy Policy] (URL to be added).

Article 30 (Amendment of these Terms)

  1. In the following cases, the Company may amend the whole or part of these Terms at its sole discretion without obtaining individual consent from Users, and may newly establish supplementary terms or special provisions (these terms and special provisions shall also constitute a part of these Terms) (hereinafter collectively referred to simply as "Amendment of these Terms" in this Article): (1) When the Amendment of these Terms conforms to the general interests of the Users. (2) When the Amendment of these Terms does not violate the purpose of the Service and is reasonable in light of the necessity of the amendment, the appropriateness of the content after the amendment, and other circumstances related to the amendment. (3) When the Company otherwise deems it necessary.
  2. If the Company amends these Terms pursuant to the preceding paragraph, the Company shall notify the Users of the fact of the amendment, the content of the amended Terms, and the effective date by posting them in an appropriate location within the Company's application that provides the Service. In addition to this method of notification, if the Company deems it necessary, the Company may individually notify the Users of the fact of the amendment, the content of the amended Terms, and the effective date by sending an email to the User's email address registered with the Service or by other methods deemed appropriate by the Company.
  3. Users are obligated to regularly check the latest content of these Terms and cannot claim against the Company that they were unaware of the amendment or addition of the Terms.
  4. If the User does not agree to the Amendment of these Terms, the User must withdraw from the Service by the effective date of the said amendment. If the User does not withdraw from the Service by the effective date of the said amendment, the User shall be deemed to have agreed to the said amendment, and the said amendment shall apply to the said User from the effective date.
  5. The Company shall not be liable (including contract liability, tort liability, and liability based on any other legal theory) for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred by the User due to the amendment or addition of these Terms, regardless of whether such damages were foreseeable.

Article 31 (Termination, etc., of the Service)

  1. The Company may temporarily suspend or terminate the provision of the Service at its sole discretion without prior notice to Users if unavoidable circumstances such as force majeure (e.g., fire, power outage, earthquake, flood, tsunami) or failure of telecommunications equipment occur or are likely to occur, if maintenance is required for the equipment, system, or software used to provide the Service, or if the Company otherwise deems it unavoidable.
  2. Except in the case of the preceding paragraph, if the Company intends to temporarily suspend or terminate the provision of all of the Service, the Company shall notify the Users in advance by a method deemed appropriate by the Company. However, in emergency cases, the Company shall notify the Users afterward.
  3. If a User commits a material breach of these Terms (including, but not limited to, a breach of Article 4, Article 5, any item of Article 8, Paragraph 1, Article 9, any item of Article 11, Paragraph 1, any item of Article 13, Paragraph 1, Article 13-2, Article 19, Paragraph 2, Article 32, Article 33, or Article 34), the provision of the Service shall be terminated immediately. In this case, the User shall be deemed to have waived their claims against the Company, and the Company may claim compensation for damages, losses, and expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) incurred due to the said breach from the said User.
  4. The Company shall not be liable (including contract liability, tort liability, and liability based on any other legal theory) to Users and third parties for any damages, losses, or expenses (including, but not limited to, direct damages, indirect damages, incidental damages, special damages, punitive damages, consequential damages, lost profits, and attorney's fees) arising from the temporary suspension or termination of the Service, regardless of whether such damages were foreseeable.

Article 32 (Confidentiality Obligation)

  1. Users shall keep confidential the Company's business or technical information learned in connection with the Service and shall not disclose or leak it to any third party, use it for purposes other than the use of the Service, or allow a third party to use it without the Company's consent. However, this shall not apply to information that falls under any of the following items: (1) Information that was already publicly known at the time it was disclosed by the Company. (2) Information that became publicly known after it was disclosed by the Company through no fault of the User. (3) Information that the User had already acquired before it was disclosed by the Company. (4) Information that the User lawfully acquired from a third party without an obligation of confidentiality after it was disclosed by the Company. (5) Information that the User independently developed without relying on the information disclosed by the Company.

Article 33 (Exclusion of Anti-Social Forces)

  1. The User represents and warrants that the User, the User's officers and employees, the User's agents or intermediaries, or the User's main investors do not fall under Anti-Social Forces (meaning organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups for less than five years, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc., specialized intellectual violence groups, or any equivalent persons; the same shall apply hereinafter), and do not fall under any of the following items, and guarantees that they will not fall under them in the future: (1) Having a relationship recognized as being controlled by Anti-Social Forces in its management. (2) Having a relationship recognized as being substantially involved in its management by Anti-Social Forces. (3) Having a relationship recognized as unjustly utilizing Anti-Social Forces, such as for the purpose of seeking improper profit for oneself or a third party, or for the purpose of causing damage to a third party. (4) Having a relationship recognized as being involved in providing funds or other benefits to Anti-Social Forces. (5) Having an officer or a person substantially involved in its management who has a socially reprehensible relationship with Anti-Social Forces.
  2. The User represents and warrants that they will not perform any act that falls under any of the following items, either by themselves or by using a third party: (1) Violent demands. (2) Unreasonable demands exceeding legal responsibility. (3) Threatening words or actions, or the use of violence, in relation to transactions based on these Terms and individual agreements (hereinafter referred to as "Target Transactions"). (4) Spreading rumors, using deceit or force to damage the reputation or credibility of the other party, or obstructing the other party's business. (5) Other acts equivalent to the preceding items.
  3. If any matter that violates the provisions of the preceding two paragraphs is discovered, the User shall immediately report the fact to the Company.
  4. If the User violates the provisions of the preceding three paragraphs, the Company may immediately suspend the use of the Service, regardless of other provisions of these Terms, and without the need for notice or any other procedure, or any compensation for damages.

Article 34 (Compliance with Laws and Regulations)

  1. The User shall ensure compliance with the following applicable laws and regulations. Furthermore, the User shall ensure that its affiliates, subcontractors, and all persons related to the User who provide goods or services in connection with the use of the Service comply with the following applicable laws and regulations: (1) Laws and regulations concerning anti-slavery, forced labor, and human trafficking (including the UK Modern Slavery Act 2015). (2) Laws and regulations concerning workers' welfare, health, safety, and social insurance. (3) Environmental laws and regulations related to the disposal of waste, and the discharge, release, and handling of hazardous and toxic substances.
  2. The User shall maintain its own policies and procedures to ensure compliance with the preceding paragraph by itself, its employees, suppliers, and subcontractors throughout the term of these Terms.
  3. The User shall not engage in activities, practices, or conduct that constitute criminal acts that promote tax evasion under applicable laws and regulations.
  4. The User represents, warrants, and covenants the following matters. Furthermore, the User shall ensure that its affiliates, suppliers, and subcontractors who provide goods or services in connection with the use of the Service represent, warrant, and covenant the following matters: (1) Currently, (i) not being a Sanctioned Person, and (ii) not being directly or indirectly owned or controlled by a Sanctioned Person. (2) Complying with all applicable Sanctions Measures and Export Control Laws, and implementing and maintaining policies and procedures to ensure continued compliance with Sanctions Measures and Export Control Laws. (3) Complying with all applicable Sanctions Measures and Export Control Laws in connection with the use of the Service, the performance of sales transactions for Products on the Service, or the performance of obligations under these Terms, including those related to the export or import of goods, software, data, technology, or services from one jurisdiction or region to another, or within the same jurisdiction or region. (4) Not engaging in transactions with a Sanctioned Person in connection with the use of the Service, the performance of sales transactions for Products on the Service, or the performance of obligations under these Terms. (5) Ensuring that any action taken to promote these Terms does not cause the Company to violate applicable Sanctions Measures and Export Control Laws.
  5. "Sanctioned Person" means (i) any individual or entity (including banks) listed on applicable sanctions lists, which are subject to change from time to time, such as the United Nations Consolidated Sanctions List, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") List of Specially Designated Nationals and Blocked Persons, the UK's Consolidated List of Financial Sanctions Targets and UK Sanctions List, the European Union's Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions, and the List of Designated Individuals and Entities administered by the Monetary Authority of Singapore, or (ii) any individual or entity established, based, or headquartered in Iran, Syria, Cuba, North Korea, the non-government controlled areas of Ukraine (Donetsk, Kherson, Luhansk, and Zaporizhzhia), Crimea and Sevastopol, the Russian Federation, and Belarus.
  6. "Sanctions Measures and Export Control Laws" means any law, regulation, directive, order, or decision related to economic, financial, trade, or other sanctions measures, which include trade restrictions, embargoes, import or export prohibitions, prohibitions or restrictions on transactions with Sanctioned Persons, governments, countries, entities, or regions, and prohibitions or restrictions on the provision, receipt, or transfer of funds, assets, or services, or equivalent measures, as imposed, administered, enacted, or enforced from time to time by (i) the European Union or its member states, (ii) the United Kingdom (including His Majesty's Treasury and the Department for Business and Trade), (iii) the United States (including OFAC, the Bureau of Industry and Security, and the U.S. Department of State), (iv) the United Nations (including the United Nations Security Council Sanctions Committee), (v) Singapore (including the Monetary Authority of Singapore), or (vi) any relevant governmental authority or regulator of the country where the obligations under these Terms are performed.
  7. The User shall ensure that any person (including subcontractors) who provides services or goods to the User in connection with the User's use of the Service, the performance of sales transactions for Products on the Service, or the performance of obligations under these Terms enters into a written contract with the User and imposes obligations on them that are substantially equivalent to those stipulated in Paragraph 1 to Paragraph 4 (5) of this Article.
  8. The User shall have and maintain its own policies and procedures to ensure compliance with the obligations of this Article by itself, its officers, employees, suppliers, and subcontractors throughout the term of these Terms, and shall actively enforce and monitor compliance with these policies and procedures.
  9. The User shall comply with all applicable laws, regulations, and guidelines regarding personal information protection in connection with the handling of personal information based on these Terms and individual agreements.
  10. A breach of this Article shall automatically constitute a material breach of these Terms.

Article 35 (Assignment of Rights and Obligations)

  1. If the Company assigns or transfers the business related to the Service to a third party due to merger, company split, business transfer, or any other reason, the Company may assign or transfer its position under these Terms, its rights and obligations under these Terms, and the User's registration information, personal information, and other information related to the Service, etc., to the transferee of the said business transfer without the User's consent.
  2. The User must obtain the Company's prior consent if the User intends to assign, transfer, or otherwise dispose of its rights and obligations related to the Service to a third party, or set a security interest over them.

Article 36 (Governing Law)

  1. The formation, validity, interpretation, and performance of these Terms, and the use of the Service based on these Terms (including transactions between Users on the Service), shall be governed by and construed in accordance with the laws of Japan. Furthermore, the User agrees to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods regarding the formation, validity, interpretation, and performance of these Terms, and the use of the Service based on these Terms (including transactions between Users on the Service).

Article 37 (Applicable Language)

  1. The original version of these Terms is the Japanese version, and translations into languages other than Japanese are provided for the User's convenience. Therefore, in the event of any conflict between the Japanese version and a translation in a language other than Japanese, the Japanese version shall prevail.

Article 38 (Jurisdiction)

  1. The Tokyo District Court shall be the exclusive court of first instance with agreed jurisdiction for any disputes arising between the User and the Company.

Article 39 (Response to Right Infringement)

  1. The Company respects the intellectual property rights of third parties.
  2. Should your own copyrights or other rights be infringed upon within the Service, please contact the Company.

Article 40 (Method of Contacting the Company)

  1. For inquiries and contact regarding the Service, please send an email to [email address to be added]. (Customer Support Hours: Weekdays 10:00 - 17:00 (Japan Time))
  2. For inquiries and contact regarding the Service, please send an email to support@shopkloset.com. (Customer Support Hours: Weekdays 10:00 - 17:00 (Japan Time))