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Terms of Use

Terms of Use

These Terms of Use (hereinafter referred to as the “Terms of Use”) set forth the terms and conditions for the use of various services (hereinafter referred to as the “Service(s)”) provided on the Internet by the UP GARAGE GROUP Co., Ltd. Please read these Terms of Use carefully to use the Services comfortably.

Article 1 (Definitions)

Terms used in this Agreement are defined as follows:

(1) The Service(s)	Various services provided by the Company through the Site
(2) This Site	The page on which the contents of the Service are posted https://www.upgarage.com/en/
(3) Guide	Pages containing information on the Service as determined by the Company https://www.upgarage.com/en/qa/
(4) Contents	General term for information, images, etc. provided by the Company on this site (including posted reviews)
(5) User(s)	All visitors to the Site who are not registered users
(6) Registered User(s)	All persons who have completed user registration on the Site
(7) Seller	A business entity that sells products in the Shopping
(8) ID	A string of characters that a Registered User uniquely possesses for use of the Service
(9) Password	A unique code set by the Registered Users corresponding to their ID
(10) Personal Information	A generic term for information that can identify an individual, such as address, name, occupation, telephone number, etc.
(11) Registration Information	A generic term for information registered by Registered Users on the Site (excluding posted information)
(12) Intellectual Property	Inventions, devices, new varieties of plants, designs, works of authorship and other items produced by human creative activity (including discovered or elucidated laws or phenomena of nature that have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities, trade secrets and other items that may be used in business activities, and technical or business information useful for business activities
(13) Intellectual property rights	Patent rights, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and any other rights provided by law with respect to intellectual property or rights pertaining to legally protected interests
(14) Shopping	Purchase by Registered Users of products offered by the Company or other businesses within the Site

Article 2 (Contents of Service)

The Company will provide various services through the Site, including but not limited to Shopping, access to content for Registered Users, and other services, to fulfil the objectives of the Service.
Shopping is a direct transaction between a Registered User and a Seller listed on the product page. The Company is not a party to the transaction and therefore assumes no responsibility for the transaction. Product descriptions, prices, delivery dates, payment methods, delivery charges, etc. are described on the respective pages. Please check the contents carefully before shopping.
Please refer to the respective pages of the Site for descriptions of other individual services and provisions.

Article 3 (Term)

This Service is provided without a specific contract term. However, the Company reserves the right to immediately terminate the Service for any User or Registered User who violates these Terms of Use.

Article 4 (Service Fees)

With the exception of charges for Shopping, Users and Registered Users shall not bear any service fees or other special burdens in connection with the use of the Service.

Article 5 (Outsourcing)

The Company reserves the right to outsource any part of its operations, including system management and credit card processing services, as necessary.

Article 6 (Registration)

A person who wishes to register for the Service (hereinafter referred to as “Prospective Registrant”) must agree to the Terms of Use and apply for registration in the prescribed manner.
A person who applied for registration (hereinafter referred to as “Application for Registration”) shall become a Registered User from the time the Company accepts the Application for Registration and completes the ID registration. Registered Users may shop on the Site, and use My Page and other content for Registered Users.
The Company will send notifications, advertisements, and other information to Registered Users via e-mail. Please understand this in advance.
The Company may, at its own discretion, refuse to accept an Application for Registration if the Prospective Registrant falls under any one of the following items.
1. If the Prospective Registrant applies for registration without following the method specified by the Company.
2. If the Prospective Registrant has previously been terminated for violating these Terms of Use or any other terms of use stipulated by the Company.
3. If the Company deems that the Prospective Registrant has registered by fraudulent means.
4. If the Prospective Registrant has registered information that is not his/her own.
5. If the Company deems the Prospective Registrant to be inappropriate, such as violating these Terms of Use.

Article 7 (ID and Password Management)

Registered Users shall be responsible for managing their IDs and passwords used for the Service.
Registered Users agree to be responsible to the Company for any activity or conduct that occurs under their registered ID.
If a Registered User suspects any unauthorized use of their ID and password, please, contact us.

Article 8 (Change of Registered Information)

In the event of a change in a Registered User’s ID information, the Registered User shall promptly follow the procedures for such change. The Company shall not be liable for any problems that may occur to a Registered User as a result of failure to do so.

Article 9 (Cancellation)

If a Registered User wishes to cancel his/her registration, the Registered User shall follow the procedure for cancellation of registration as prescribed by the Company.
If a Registered User falls under any one of the following items, the Company will forcibly cancel the registration at its discretion.
1. When it becomes clear that the Registered User has registered without following the method prescribed by the Company.
2. When a Registered User violates these Terms of Use or any other terms of use stipulated by the Company.
3. If the Company otherwise deems it inappropriate.
If the Registered User has any outstanding shopping or other debts or obligations to the Company at the time of cancellation, the Registered User shall continue to be responsible for payment of such debts and obligations after the cancellation of registration.

Article 10 (Compliance)

Each Registered User is allowed to have one ID; one person may not have multiple IDs or share one ID with multiple people.
Registered Users may not transfer, pledge, or lend their IDs to any third party.
Registered Users shall be responsible for their actions in using the Service.
Registered Users must acknowledge their responsibilities for the source of the information they post.
Registered Users acknowledge that the Company is not obligated to store any posted information and must back up any necessary posted information.
Registered Users must not falsely register their ID information. Registered Users shall not register information of others.

Article 11 (Prohibited Acts)

Upon use of the Service, the Company prohibits the following acts by Registered Users. In case of violation, the Company may take necessary measures such as cancellation of registration, suspension of use, deletion of posted information, etc.

Using the Service for the purpose of reselling to a third-party
Infringing the Intellectual Property Rights of the Company or a third party
Defaming, disgracing, discriminating against, or slandering the reputation or credibility of the Company or a third party
Infringing on the privacy rights of the Company or any third party
Acts that infringe or may infringe on the property of the Company or a third party
Actions that cause economic damage to the Company or a third party
Acts that are threatening to the Company or a third party
Disclosing personal information without the prior consent of the individual
Acts that violate or may violate laws and regulations
Acts that offend or may offend public order and morals, criminal acts, or acts that may lead to such offences
Acts of obtaining an ID on behalf of a person whose ID has been suspended
Acts by which one person registers multiple e-mail addresses and possesses multiple IDs
Acts in which multiple persons jointly hold a single ID
Acts that interfere with the operation of these Services or the system
Acts that violate or may violate these Terms of Use
Other than the above, acts that the Company deems inappropriate.

Article 12 (Copyright and Submissions)

Any creative method of expression or description, as well as original images, are subject to copyright protection.

Article 13 (Maintenance of Usage Environment)

Registered Users are responsible for maintaining the equipment, software, communication lines, etc. necessary to use the Service at their responsibility and expense.
Registered Users shall take security measures such as preventing computer virus infection at their responsibility and expense.

Article 14 (Intellectual Property Rights)

Registered Users acknowledge and agree that the Company owns all Intellectual Property Rights related to the Contents provided by the Company in the Services and profits derived therefrom.

Article 15 (Restriction of Use)

The Company may restrict the use of the Service if a Registered User or User falls under any of the following items.
1. If the Company determines that there is a risk of damage to the Company or a third party, such as the spread of computer viruses or mass mailings, as a result of the Registered User’s or User’s use of the Site.
2. If the Company is unable to contact the Registered User by e-mail
3. In any other cases where the Company deems it necessary to restrict the use of the Service.
The Company shall not be liable to the Registered Users, Users, or any third parties for any restrictions on use.

Article 16 (Authority to Delete or Alter)

In the event that a Registered User falls under any one of the following items, the Company may immediately delete the ID and posted information, etc. without prior notice, and take measures to prohibit the Registered User from using the Services in the future.
1. When a Registered User violates these Terms of Use or any other terms of use stipulated by the Company
2. When it is determined that the posted information is not the property of the Registered Userき
3. When a Registered User does not pay for the products he/she purchases
4. When the Company determines that the information posted by the Registered User is inappropriate.
The Company shall not be liable to Registered Users, Users, or any third parties for the deletion or banning.
If a Registered User has purchased a product at the time of ID deletion and has not yet paid for it, the Registered User shall remain liable for the payment.
The Company may change, suspend, or terminate the Service at any time without notice to Registered Users, Users, or others if it deems necessary.
The Company may, at our discretion, change these Terms of Use, or update, add, modify, or delete the contents of this Site without prior notice to Registered Users, Users, or others.
The Company shall not be liable to the Registered Users, Users, or others for any modification, suspension, or termination of the contents of the Service.

Article 17 (Handling of Personal Information)

The Company shall handle personal information appropriately following the Privacy Policy.
Registered Users shall use the Services after having read and agreed to the Privacy Policy before applying for registration.
The Company does not store Users’ credit card information. Credit card details are retained by PayPal Pte. Ltd., which handles our credit settlement services.

Article 18 (Disclaimer of Warranties)

Neither the Company nor any company involved in providing this Service makes any warranty concerning the following:

No malfunction or failure will occur on the Registered User’s or User’s computers as a result of use of the Service
The accuracy of the Contents and the integrity of the product
The Contents do not infringe on the rights of any third party
The Service will be perpetual
The reliability or efficacy of the product is guaranteed
The use of the Service will meet the requirements of the Registered User or Users
Use of the Service will be uninterrupted or error-free.

Article 19 (Limitation of Liability)

The Company is not involved in and assumes no responsibility for, the computer usage environment of the Registered Users or Users.
The Company will not be involved in any communications or activities between Registered Users. In the event of a dispute, the dispute shall be resolved between such Registered Users, and the Company shall not be responsible for such dispute.
The Company shall not be liable for any damages caused by any change in content, interruption, or termination of the Services.
The Company shall not be liable for any failure in viewing the Site due to unforeseen factors.
The Company is under no obligation to monitor, check, or store products or posted information.
The Company is not responsible for the legality, morality, reliability, or accuracy of the products and posted information.
The Company assumes no responsibility for matters related to advertising companies and payment agencies.
The Company is not responsible for the legality, morality, reliability, or accuracy of websites linked to from the pages of the Site.

Article 20 (Forfeiture of Benefit of the Term)

The Company may immediately discontinue the Services without notice to the Registered User if any one of the following events occurs:

When a Registered User is subject to seizure, provisional seizure, provisional disposition, disposition for tax delinquency, or other disposition by public authority, or is petitioned for commencement of corporate reorganization proceedings or civil rehabilitation proceedings, bankruptcy, or auction, or files a petition for commencement of corporate reorganization proceedings or civil rehabilitation proceedings, or bankruptcy, or is petitioned for these by a third party.
When the Registered User resolves to reduce its capital, abolish or change its business, or dissolve the entity.
When the company is in arrears concerning taxes and public dues.
When any other facts equivalent to the preceding items that are deemed to be a deterioration of the creditworthiness have occurred.

Article 21 (Compensation for Damages)

The Company may demand compensation for damages in the event that the Company suffers damages due to the responsibilities of the Registered User or User in connection with the performance of this Agreement.
The Company shall not be obligated to compensate for any and all damages caused by the use of this Service. However, if a Registered User, User, or other third party suffers damages due to its intentional or gross negligence, the Company may compensate for damages up to the actual amount of damages directly incurred by the relevant party.
The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by a Registered User, User, or any other third party, even if we have been notified of the possibility of such damages in advance.

Article 22 (Delayed Payment)

If a Registered User delays payment of the Shopping Charges, the Registered User shall pay to the Company a late payment penalty at the rate of 14.6% per annum from the day following the due date until the day of resolution.

Article 23 (Relationship with Other Services)

If there are any provisions other than these Terms of Use for this Service or any other service provided by the Company, such provisions shall also apply. If there are any conflicts between these Terms of Use and other provisions, the provisions of these Terms of Use shall take precedence.

Article 24 (Method of Notification)

If the Company deems it necessary to contact a Registered User, it will do so via the Site, e-mail, or any other method it deems appropriate.
The Company shall not be liable for any damages resulting from non-delivery or delay in notification or communication from the Company.
If a Registered User or User deems it necessary to notify, contact, or inquire of the Company, he/she shall do so using the inquiry form on the Site.
Inquiries regarding products should be directed to the Seller that provides the product in question.

Article 25 (Force Majeure)

Natural disasters, floods, tsunamis, lightning, typhoons, storms, earthquakes, epidemic or other contagious diseases, war, the threat of war, state of war, terrorism, insurrection, revolution, fire, explosion, maritime disaster, blockade, riot, strike, factory closing or other labour dispute, disturbance, shortage or control of energy supply or raw materials, other laws or regulations or administrative guidance of government agencies or other statutory or governmental regulations, or other similar or dissimilar circumstances beyond our reasonable control, and we shall not be liable to any Registered User, User or other third parties for any failure or delay in performance of our obligations under these Terms of Use arising directly or indirectly out of such circumstances.

Article 26 (Prohibition of Transfer)

Registered Users may not assign, transfer, grant security over, lend, or otherwise dispose of their contractual status, their rights, or obligations under the Terms of Use to any third party without the prior written consent of the Company.

Article 27 (Business Transfer)

If the Company transfers the business of the Service to a third party (including business transfer, corporate separation, or any other case in which the Service is transferred), the Company may transfer the Registered User’s contractual status under the Terms of Use (including registered information and other incidental information), and the Registered User shall consent to such transfer in advance.

Article 28 (Severability)

Even if any provision of the Terms of Use or part thereof is determined to be invalid under any law or regulation, the remaining portions of the Terms of Use other than those determined to be invalid shall continue to be valid and effective.

Article 29 (Governing Law)

These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

Article 30 (Jurisdiction)

Any dispute arising between the Company and a Registered User or User in connection with the Terms of Use shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office.

Revised April 1, 2024