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Terms of Use Agreement

 

 

Chapter 1 : General Provisions

 

Article 1 : Scope and Modifications of Terms of Use

This Terms of Use Agreement by and between Sockkobe Co.,Ltd. (hereafter we, us, our, or Company) and users (as defined in Article 2; hereafter “Users”) including but not limited to Aimerfeel members (as defined in Article 4; hereafter “Members”), governs the use of all services offered by our Company (hereafter “Services”).

We reserve the right to modify all or part of this Terms of Use for any reason at any time without the Users consent, by providing a notice to Users through a public notice posted at aimerfeel.com (hereafter “Website”), electronic mail, or other methods deemed appropriate by our Company.

Any modification to all or part of this Terms of Use will immediately apply to all subsequent use of our Services, and continued usage of our Services will indicate the acceptance of the modified Terms by Users.

 

Article 2 : Users

Under this Agreement, Usersrefer to all persons receiving Services on or through this Website, as well as persons who search, view, or use the images, texts, designs, logos, videos, programs, ideas, and information (hereafter “Contents”) on this Website.

By accessing and using this Website, the User consents to and is bound by this Terms of Use. Users who do not consent to or agree with this Terms of Use are prohibited from accessing and using this Website. We may terminate and prohibit the access or use of this Website for any of the following reasons: (a) When a User is found to be in violation of this Terms of Use Agreement, and (b) When it is deemed necessary to maintain the security of this Website.

 

Article 3 : Use of Services

Users of our Services must abide by all laws, regulations, and notifications, in addition to this Terms of Use Agreement and separately provided Protection of Personal Information and Privacy Policy set forth by our Company.

Our Company reserves the right to modify our Services without prior consent of the Users.

 

Chapter 2 : Members

 

Article 4 : Members (Definition of Members)

Members refer to Users who have given explicit consent and agreement to this Terms of Use, in addition to completing the member registration process by entering the required information on the member registration page of our Website.

 

Article 5 : Member Registration

1: Users applying for membership must submit their name, email address, password, phone number, date of birth, and all other required information as separately specified by the Company on the member registration page of the Website. Applications for membership by proxy are not accepted.

2: Paypal, credit card, and other payment processing agency account names must exactly match that of the User registering and using such accounts.

3: Postal code, address, and phone number will be collected at the time of purchase of products or Services (hereafter collectively referred to as Products) through the Website.

4: We will send confirmation emails to approve requests submitted in accordance with Article 5 Section 1.

5: We reserve the right to reject membership registration requests if:

6: The User’s account was previously deleted due to violation of these Terms of Use.

7: The information provided in the membership registration contains false information.

8: We deem that approving such a request is unreasonable or inappropriate.

 

Article 6 : Purpose of Collecting Personal Information

We will collect and use personal information from Members for the following purposes:

1: For sales operations, such as distribution of information pertaining to Services and other special promotions as stipulated in Article 9.

2: For member services related to our products, such as product reservations, repair, and delivery.

3: For managing information necessary for marketing activities, such as product development and store promotion.

 

Article 7 : Items of Prior Consent for Members

We may appoint, under our responsibility, a third party to manage and operate personal information for the purposes stipulated in Article 6.

 

Article 8 : Use of Aimerfeel Coupons

Member use of coupons and coupon codes are limited to our website, aimerfeel.com.

Members are granted member privileges as defined in Article 9 (hereafter “Privileges”) through member registration or purchases.

Members will use coupons only at the time of purchase, and accept ineligibility to certain benefits and privileges if member registration is not completed.

 

Article 9 : Benefits and Privileges of Aimerfeel Members

Members will receive the following benefits and privileges by registering as Aimerfeel Members.

 

1: Information Services

Members will receive emails and other information services from our Website.

 

2: Coupon Service

Members may receive coupons at the time of purchase according to marketing campaigns and other programs as outlined below.

We may award coupons to Members when Members complete a purchase or use our Services on our Website as specified. Applicable transactions and Services (hereafter collectively referred to as “Applicable Transactions”), coupon discount rate and discount price, and other conditions pertaining to such awards will be determined by the Company, whereafter Users will be given notification. Applicable Transactions, point earnings rate, and expiration date may vary, dependent upon the transaction or Service type.

Unless explicitly specified, coupons will be awarded as coupon code after Applicable Transactions have taken place. In the event of cancellation or returns of the Applicable Transaction, the coupon code will be invalidated.

The final decision to award coupons for a specific transaction, the number of points to be awarded, and all other issues pertaining to the awarding of points will be made at the sole discretion of the Company, and Members must comply with such a decision.

We will issue coupons and coupon codes for use during payment to Members over a certain period of time as determined by the Company. However, as coupons do not hold monetary value, we do not accept coupons for monetary exchange.

 

Article 10 : Login ID and Password Management

Members assume all responsibility for using and managing the login ID (email address) and password for registration or the use of the Website, and will be liable for damages caused by the use of their login ID and password by third parties, accidental or otherwise.

We will consider any User logging in to our Website with the correct combination of login ID and password to be the corresponding Member, and will request payment from the Member for the cost of any products or Services incurred during such a session.

Members must immediately report any unauthorized third party use of their login ID and password to the Company.

 

Article 11 : Reporting Changes

Members will report any changes in their registered information through the member services page of the Website, or at the Company headquarters.

 

Article 12 : Website Suspension and Membership Termination

We reserve the right to immediately suspend and terminate without consent, any Member and membership that violates the terms below:

1: When the membership has previously been suspended or terminated due to violation of the Terms of Use.

2: When there are delays or delinquencies in payment for Services or other costs.

3: When it violates Article 14 (Prohibited Use).

4: Otherwise violates this Terms of Use.

 

Article 13 : Membership Withdrawal

Members may freely withdraw Aimerfeel membership at any time. Members consent that all benefits and privileges attributed to that account will be purged at the time of withdrawal.

 

Chapter 3 Use of Services

 

Article 14 : Prohibited Use

Users are prohibited from the following acts:

1: Falsifying information upon registration or use.

2: Any acts that may disrupt or prevent the operation of our Services.

3:Using unauthorized payment information via Paypal, credit card, or other payment gateways to use our Service.

4: Using unauthorized login ID and password.

5: Acts which cause or may cause damage to other Users, third parties, or our Company.

6: Acts which cause or may cause the violation of privacy, copyright, and other infringements of other Users, third parties, or our Company.

7: Acts which cause or may cause the violation of public policy or other laws and regulations.

8: Purchasing products for reselling purposes at other websites or stores.

9: Other acts deemed inappropriate by the Company.

 

Article 15 : Copyright Policy

Users may not, without explicit prior consent of the copyright holder, use any information provided through this Website outside of reproduction for private use as permitted by copyright law. Users are solely responsible for any and all costs related to resolving any and all conflicts resulting from incidents related to this Article, and will not cause loss or damage to the Company.

 

Article 16 : Attribution of Content Copyright

All intellectual property rights (copyright, trademark, design, and patents) for any and all contents such as software, HTML code, scripts, text, artwork, photographs, graphics, design, video, audio, documents, and all other materials contained within this Website (hereafter collectively referred to as “Contents”), including but not limited to any and all Contents explicitly aforementioned, is attributed to Sockkobe Co.,Ltd., and its licensors. All Contents offered through our Company are limited for personal and non-commercial use. The following acts, or the unauthorized permittance or promotion of such acts by third parties, are prohibited: (a) copying, replicating, publishing, sending, distributing, performing, displaying, submitting, altering, creating derivative works, selling, granting license, framing all or part of this Website or its Contents, setting links, and other use of this Website or its Contents including but not limited to the aforementioned, and (b) accessing or using this Website or its Contents in a commercial capacity, or otherwise in competition with our business interests.

 

Article 17 : Trademarks

Sockkobe Co.,Ltd. reserves the right to all trademarks, trade names, logo, brand name, and any and all franchise rights (hereafter collectively referred to as “Trademarks”) associated with “Aimerfeel” and our company name “Sockkobe”. This Terms of Use does not grant Users the right to use our Trademarks, and we expressedly forbid Users to use our Trademark in any and all manners.

 

Article 18 : Use of User Information

We will not release any User or Member information collected for the operation of our Services to a third party, excepting cases outlined below and in Article 7:

 

1: As required by law.

2: As granted permission by the User to release information such as name, address, gender, age, and email address.

3: When we provide anonymized statistics on personal information collected with the purpose of assessing our Service usage to third parties.

4: When otherwise necessary for the operation of our Services.

 

Article 19 : Purchase of Products

1: Users may purchase products from us through our Website.

2: Users will request purchase of products or services through methods specified by our Company.

3: The purchase transaction for the Product between the User and the Company is considered completed when the Company sends a confirmation email to the User. This is invalidated if payment is not completed, such as in the case of receiving notification to this effect from the User’s payment processing agency.

4: Notwithstanding the stipulation in Article 3, the Company may take appropriate actions to cancel, invalidate, and otherwise annul the transaction in the case of illegal or inappropriate use of the Website.

5: The delivery of products ordered from our Website is restricted to the serviceable geographical area of our designated carrier. The User understands and agrees that the shipping charge will vary dependent upon the product weight, size, delivery method, and delivery area.

6: The User is responsible for any and all taxes and tariffs imposed upon delivery.

 

Article 20 : Payment Methods

The total payment for purchase is the sum of the price of the Product,and shipping and handling fees.

Payments for the use and purchase of Products on our Website will be made through the Users Paypal, credit card, and other payment processing agencies accepted by the Company.

Any and all payments made through Paypal, credit card, and other payment processing agencies are separately subject to the terms of use of those entities. Any and all disputes arising in between the User and the applicable payment processing agency must be resolved between those two parties.

 

Article 21 : Product Return Policy

Product returns are not accepted aside from cases of product defect, product inaccuracy, and other cases where the fault is attributable to the Company. Returns and exchanges are only accepted during the time period following the receipt of the product as specified by the Company.

The User will be responsible for the cost of the return of the product as separately specified by the Company.

Missing, defective, or otherwise damaged products must be reported within the time period as stated in the Returns/Exchange section to be considered on a case-by-case basis.

 

Article 22 : Product Disclaimer

Unless explicitly specified, warranties and guarantees on the products sold on our Website follows the general policy of our Website. We do not offer any warranties or guarantees regarding the quality, performance, compatibility with other products, and any and all other aspects of the product other than what is explicitly stated on our Website.

Japanese or other foreign product, price, and laundry tags may be attached to the purchased product. The User agrees to purchase the product in the state and price as stated on our Website, regardless of the contents of these tags.

We may change or alter the functionality, specifications, and availability of Products and Services on our Website temporarily or permanently. We reserve the right to make such modifications and alterations without liability. While we strive to ensure that our product description, price, and availability information is free of typographical errors and inaccurate or missing information, we neither guarantee nor claim to guarantee that all information contained on our Website is completely free from typographical errors and inaccurate or missing information. We neither guarantee nor claim to guarantee the completeness, accuracy, or recency of the information contained in our Website. The publication of Products and Services on our Website does not guarantee or claim to guarantee the availability of these Products and Services through our Website at any and all times. While we strive to ensure that the color of our products displayed on our Website reflect the actual color of the product, we do not guarantee that the display on the devices of all Users will accurately reflect the color of the product, as such hardware capabilities vary from device to device.

We are not liable for lost or otherwise misplaced products, and any and all disputes arising from such situations, provided that we shipped the product to the address indicated at the time of purchase, and communicated such shipment information to the contact information indicated on the Member’s registration.

Our Company assumes no liability for any and all damages, loss, and costs related to the transaction for products on our Website, regardless of legal claim or cause of action, with the exceptions as stipulated in Article 22.

 

Article 23 : Third Party Links

Our Website may contain links to external websites operated by third parties (hereafter Third Party Sites). Conversely, Third Party Sites may contain links to our Website. We have no control over, and assumes no responsibility for the accuracy, safety, or reliability of the content, advertisements, products, and any other materials on or obtained through Third Party Sites. The User assumes sole responsibility for access to Third Party Sites. We do not assume liability or responsibility for loss or damage of equipment, hardware, or software incurred by the use of Third Party Sites, their content, or the purchase of their products or services.

 

Article 24 : Minor Users

Minors under the age of 18 (hereafter Minor Users”) are prohibited from the use of, and purchase through, this Website. We do not assume liability or responsibility for any damages or incidents related to the use of, or purchase through, this Website by Minor Users.

 

Chapter 4 : Website Operation

 

Article 25 : Information Management

We reserve the right to use without User consent, comments and other information produced by Users under the understanding and agreement that we may use such information at our discretion, on our Website. We reserve the right to delete, without User consent, such aforementioned information which falls under the following items:

If the information is determined to violate the copyright of our Company or a third party, or if the information is determined to severely damage the reputation and public trust of our Company or a third party.

If we receive a warning from a third party that the information violates the third partys copyright or other rights, or that the information severely damage the reputation and public trust of the third party.

When the information is in clear violation of Japanese or applicable foreign nation's law.

When directed to do so by government authorities.

 

Article 26 : Website Maintenance

We may, without prior notice to Users, stop the use of our Website partially or entirely, in the interest of maintaining the operation of our Website in the following situations:

1: Periodic system maintenance, or emergency system maintenance.

2: In the event of fire, power outage, obstruction by a third party, or other circumstances render the operation of the system difficult or incapable.

3: If we decide that it is otherwise necessary to cease the operation of the system.

 

Article 27 : Other Disclaimers

We are not liable for any and all damages resulting from or in connection with the unavailability of the Website to Users.

We are exempt from any and all liability resulting from or in connection to administrative matters processed in accordance with the information registered by the User.

Users agree to resolve all disputes and damages with other Users or third parties from the use of our Website under their sole responsibility and financial burden, and not transfer any such burdens upon the Company.

 

Article 28 : Contact Method

The primary contact method between our Company and the Users will be through electronic mail. Correspondence sent to the email address used by the User to contact our Company will be deemed to have been confirmed by the User.

 

Chapter 5 : Others

 

Article 29 : Resolution of Disputes

In the event of a dispute arising out of or in connection with the use of our Service, the Company and the User shall attempt, promptly and in good faith, to resolve any such dispute.

In the event of a litigation arising out of or in connection with the use of our Service, The Kobe Summary Court or The Kobe District Court will be the primary court of original jurisdiction.

 

Article 30 : Contact Information

Members may contact our customer service department with questions and other concerns regarding their membership or this Terms of Use via email at aimerfeelglobal@aimerfeel.jp.

 

General Provision

This Agreement is governed by and shall be construed in accordance with the laws of Japan. All disputes arising out of or in connection with this Agreement shall be resolved by litigation under the jurisdiction of a court of law under Japan.