Terms of Use (For Seller)
This "Terms of Use (For Sellers)" (hereinafter referred to as the "Terms") defines the terms
and
conditions of the Service (defined in Article 2) provided by Airmobility Inc. (hereinafter referred to as
the
"Company"), and the rights and obligations between the Company and the Registered Seller (defined in Article
2).
If you wish to use the Service, you must read and agree to the Terms in their entirety.
Article 1 (Application)
- 1.
- This Terms define the terms and conditions of the Service and the relationship of rights and obligations between the Company and the Registered Seller regarding the use of the Service and shall apply to all relationships between the Registered Seller and the Company regarding the use of the Service.
- 2.
- Rules and regulations regarding the use of the Service posted on the Company's website (defined in Article 2) shall constitute a part of these Terms and Conditions.
- 3.
- In the event of any discrepancy between this Agreement and the rules, regulations, and other explanations of the Service outside of this Agreement, the provisions of this Agreement shall take precedence over such discrepancy.
- 4.
- Even if there is a translation of these Terms and Conditions for reference, the Japanese version shall remain in full force and effect.
Article 2 (Definition)
In this Agreement, the following terms shall have the meanings set forth below
- 1.
- "External Service" means a service provided by another entity other than the Company and designated by the Company, which is used to implement the Service.
- 2.
- "Outside Entity" means an entity that provides outside services.
- 3.
- "External Terms of Service" means the terms and conditions that set forth the rights and obligations between the Registered Seller and the External Entity with respect to External Services.
- 4.
- "Service Usage Contract" means the contract for the use of the Service between the Company and the Registered Seller, which is based on the Terms as the contractual terms and conditions.
- 5.
- "Products" means the "Products" as defined in Article 6.
- 6.
- "Product Page" means the "Product Page" as defined in Article 6.
- 7.
- "Registered Seller Pages" means the "Registered Seller Pages" as defined in Article 6.
- 8.
- "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
- 9.
- "Posted Contents" means contents (including, but not limited to, product pages, text, images, videos, and other data) posted or transmitted by a Registered Seller using the Service.
- 10.
- "Our Website" means the website operated by the Company whose domain is "aeromall.jp” (if the domain or content of the Company's website is changed for any reason, including the website after such change).
- 11.
- "Registered Seller" means an individual or legal entity that has been registered as a registered seller for the Service in accordance with Article 3.
- 12.
- "Registered Purchaser" means an individual or legal entity that has been registered as a registered purchaser of the Service in accordance with the provisions of the "Terms of Use (For Purchasers)" separately stipulated by the Company.
- 13.
- "Service" means the service named AeroMall (in the event that the name or content of the service is changed for any reason, including the service after such change) provided by the Company.
- 14.
- "Service Fee" means the "Service Fee" as defined in Article 7.
Article 3 (Registration)
- 1.
- A person who wishes to become a Registered Seller on this service (hereinafter referred to as the "Applicant") may apply for enrollment as a Registered Seller of the Service by agreeing to comply with the Terms and providing the Company with certain information specified by the Company ("Registration Matters") in the manner specified by the Company.
- 2.
- Application for enrollment must be made by the individual or legal entity using the Service. In addition, the applicant must provide true and accurate information when applying for enrollment.
- 3.
- In accordance with the Company's criteria, the Company will determine whether or not the Applicant is eligible for enrollment. If the Company approves the enrollment, the Company will notify the Applicant of the Company's decision. The enrollment of the Applicant as a Registered Seller shall be deemed to have been completed upon the Company's issuance of the notice in this section.
- 4.
- Upon completion of enrollment as stipulated in the preceding Clause 3, a Service Usage Contract will be established between the Registered Seller and the Company, and the Registered Seller will be able to use the Service in accordance with the Terms.
- 5.
- The Company reserves the right to refuse enrollment or re-enrollment of an Applicant for any of the following reasons. The Company shall not be obligated to disclose any reason for such refusal.
- (1)
- In the event that any falsehood, error or omission is found in all or part of the registration information provided to the Company
- (2)
- The Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, conservator or assistant.
- (3)
- If the Applicant is anti-social forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, and other similar persons. The same shall apply hereinafter) or if the Company determines that the Applicant has any relationship with anti-social force by supporting its activity, management and/or existence through monetary contribution or by other mean.
- (4)
- If the Company determines that the Applicant has violated a contract with the Company in the past or is related to such a person
- (5)
- If the Applicant has committed bribery in the past
- (6)
- If the Applicant has violated the laws and regulations concerning security trade control of the country to which the Applicant belongs, in the export of goods or technical information and technology transfer
- (7)
- Other cases in which the Company deems the registration is not appropriate
- 6.
- The Applicant represents and warrants to the Company that;
- (1)
- the Applicant is not/will not be an anti-social force.
- (2)
- the Applicant does not/will not use anti-social forces.
- (3)
- the Applicant officers, etc. are not members of anti-social forces, do not have any relationship with anti-social forces, and do not use anti-social forces.
- (4)
- the Applicant does not commit by itself or make third party commit any of the following acts
(i) Violent acts of demand
(ii) Unreasonable demands beyond legal responsibility
(iii) Use of fraudulent or threatening language or actions, or use of violence in connection with transactions
(iv) Acts of damaging the other party's credibility or obstructing the other party's business by spreading rumors, using deceptive means, or using force
(v) Other acts equivalent to (i) through (iv) of this item
- (5)
- the Applicant does not violate the laws and regulations concerning security trade control of the country to which the applicant belongs, in exporting of goods or technical information or technology transfer.
Article 4 (Change of registered matters)
The Registered Seller shall notify the Company of any change in the registered
information
without delay in a manner determined by the Company.
Article 5 (Password and user ID management)
- 1.
- Registered Seller shall, at their own responsibility, properly manage and store passwords and user IDs related to the Service and shall not allow a third party to use them, or lend, assign, transfer, change the name of, sell, or otherwise deal in them.
- 2.
- The Registered Seller shall be responsible for any damage caused by inadequate management of passwords or user IDs, errors in use, use by third parties, etc., and the Company shall not be liable for any such damage.
- 3.
- If a Registered Seller discovers that his/her password or user ID is being used by a third party, the Registered Seller shall immediately notify the Company to that effect and follow the Company's instructions.
Article 6 (Contents of this service, etc.)
- 1.
- The Service enables Registered Purchasers to search, browse, inquire about, and purchase products from registered sellers from the Service by allowing a Registered Seller to post information about himself/herself and the products he/she sells on the Service (the products posted as a result of such posting are hereinafter referred to as "Products", the web page on the Service where the Products are posted is hereinafter referred to as the "Product Page" and the web page on the Service where the Registered Seller's information is posted is hereinafter referred to as the "Registered Seller Page").
- 2.
- Similarly, a Registered Purchaser may register on the Service by posting information about himself/herself, the products he/she wishes to purchase, the purpose of use of the products he/she wishes to purchase, and the eVTOL aircraft that will use the products he/she wishes to purchase (the products so posted are referred to as "products he/she wishes to purchase" and the web page on the Service containing the products he/she wishes to purchase and the purpose of use of the products is referred to as "Registered Purchaser's Aircraft Page") in order to promote mutual understanding and facilitate Q&A between Registered Purchaser and Registered Seller and to enable Registered Purchaser place order and purchase product.
- 3.
- In order to use the Service, the Registered Seller must be registered as a Registered Seller and sign in.
- 4.
- The information posted on all eligible Product Pages and eligible Supplier Pages shall be prepared by the Registered Seller, and the Company shall not be responsible for the content of such information.
- 5.
- Even if a Registered Purchaser purchases a Qualifying Product on a Qualifying Product page, the Company shall not be a party to any contract related to such purchase, and the Company shall not be liable for the contents of such transaction or the performance thereof.
- 6.
- With respect to the business relationship established through the Service, the Registered Seller agrees to continue to conduct business through the Service in the future, unless the Registered Seller and/or the respective Registered Purchaser withdraw from the Service in accordance with Article 13, when conducting transactions with the same Registered Purchaser with respect to products handled through the Service (including not only the product for which the contract was established but also other products).
- 7.
- For the contract concluded between the Registered Seller and Registered Purchaser with whom the Registered Seller established relationship through the Service after withdrawal of Registered Seller and/or Registered Purchaser from the Service in accordance with Article 13, the Registered Seller agrees to pay the Service Fee stipulated in Article 7, for a period of one year after withdrawal from the Service.
Article 7 (fees, payment methods and disclosure obligations, etc.)
- 1.
- The Registered Seller shall pay to the Company the enrollment fee separately determined by the Company plus an amount equivalent to consumption tax thereon by the last day of the month following the month in which the registration as a Registered Seller under Article 3 is completed, by way of remittance to a bank account separately designated by the Company.
- 2.
- A registered Seller shall pay to the Company the annual membership fee determined separately by the Company, plus an amount equivalent to consumption tax thereon, by the end of the month following the month of completion of registration as a Registered Seller under Article 3 for the year of enrollment and by the end of each October for following years, by means of remittance to the company's bank account separately designated by the company. Even if the Service Usage Contract is terminated in the middle of the year, the Company shall not be obligated to prorate the annual membership fee.
- 3.
- When a Registered Purchaser purchases a Qualifying Product, and the Registered Seller receives the full amount of the purchase price from the Registered Purchaser and completes delivery of the product, as compensation for using the Service, a fee calculated by multiplying the total amount of the purchase price (excluding consumption tax) for each purchase of the Qualifying Product by a rate determined separately by the Company (hereinafter referred to as the "Service Fee") shall be charged to the Registered Seller. The Registered Seller shall be obligated to pay the Service Fee for each sale of a Qualifying Product.
- 4.
- The Registered Seller shall pay the Service Fee incurred during the month, plus consumption tax thereon, by the last day of the month following the month in question, by way of wire transfer to the bank account of the Company separately designated by the Company.
- 5.
- If a Registered Seller delays payment to the Company as stipulated in this article, the Registered Seller shall pay to the Company a late payment penalty at a rate separately determined by the Company.
- 6.
- With respect to transactions with a Registered Purchaser concluded through the Service (including transaction defined in Article 6, Clause 7), the Registered Seller shall disclose to the Company the name of such Registered Purchaser, the name of product, unit price, quantity, purchase date, date of receipt of payment, amount of payment received, and other information related to the sale immediately after the conclusion of the contract.
- 7.
- If the Company has any doubts about whether or not the Registered Seller has disclosed the information described in the preceding Clause, or about the accuracy of the disclosed information, the Registered Seller shall submit to the Company such materials as the Company requests regarding the sale of the subject product.
- 8.
- If the Company determines that the Registered Seller failed to make the disclosure in Clause 6, or if the Company determines that the disclosure is false, the Registered Seller shall pay to the Company as a penalty fee an amount equal to twice the amount of the Service Fee originally incurred with respect to the relevant purchase, less the amount paid by the Registered Seller as the Service Fee with respect to the relevant purchase. In the event that the Company incurs damages exceeding the amount of the penalty due to the Registered Seller's failure to report in accordance with Clause 6 or false disclosure, the provisions of this Clause shall in no way preclude the Company from claiming compensation from the Registered Seller for the excess portion of the penalty.
- 9.
- Even if a Registered Seller refunds the price of a Qualifying Product due to cancellation of the sales contract for the Qualifying Product or for any other reason, the Registered Seller shall not be released from the obligation to pay the Service Fee already incurred, and the Company shall not be obligated to refund any Service Fee already received.
Article 8 (Prohibited items)
- 1.
- In using the Service, a Registered Seller shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.
- (1)
- Actions that violate laws and regulations or are related to criminal acts
- (2)
- Selling products that are in violation of laws and regulations, or that the Company deems inappropriate for sale.
- (3)
- Posting of product pages that are in violation of laws or regulations, or that the Company deems inappropriate for sale.
- (4)
- Fraud or threats against the Company, other users of the Service, outside businesses, or other third parties
- (5)
- Acts against public order and morals
- (6)
- Acts that infringe on the intellectual property rights, portrait rights, rights to privacy, honor, or other rights or interests of the Company, other users of the Service, external businesses, or other third parties
- (7)
- Transmitting information to us or other users of the Service through the Service that falls under
any of
the followings, or that we deem to fall under any of the following
- Information containing excessively violent or cruel expressions
- Information that contains computer viruses or other harmful computer programs
- Information that includes expressions that may damage the reputation or credibility of the Company, other users of the Service, outside businesses, or other third parties
- Information containing excessively obscene expressions
- Information containing expressions that promote discrimination
- Information that includes expressions that encourage suicide or self-harm
- Information containing expressions that promote the inappropriate use of drugs
- Information containing anti-social expressions
- Information that seeks to spread information to third parties, such as chain mail, etc.
- Information containing expressions that may cause discomfort to others
- (8)
- Actions that place an excessive load on the Service's network or system, etc.
- (9)
- Reverse engineering or other analysis of software or other systems provided by the Company
- (10)
- Acts that may interfere with the operation of this service
- (11)
- Unauthorized access to our network or systems, etc.
- (12)
- Impersonating a third party
- (13)
- Use of IDs or passwords of other users of the Service
- (14)
- Advertising, publicity, solicitation, or business activities on the Service that are not authorized in advance by the Company
- (15)
- Collection of information about other users of the Service by unauthorized means or by fraudulent purposes
- (16)
- Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties
- (17)
- Any act that violates the rules and regulations regarding the use of the Service posted on the Company's website.
- (18)
- Provision of benefits to anti-social forces, etc.
- (19)
- Acts that directly or indirectly cause or facilitate any of the aforementioned acts
- (20)
- Attempting any of the preceding acts
- (21)
- Other actions that the Company deems inappropriate
- 2.
- If the Company deems that a Registered Seller's act falls under any of the items of the preceding clause, the Company may, without prior notice to the Registered Seller, delete all or part of the information concerning such act, suspend transmission, or take any other measures that the Company deems necessary. In no event shall the Company be liable for any damages incurred by the Registered Seller as a result of the measures taken in accordance with this Clause.
Article 9 (Suspension of the Service, etc.)
- 1.
- The Company reserves the right to suspend or discontinue all or part of the Service without prior notice to the Registered Seller in any of the following cases.
- (1)
- In case of urgent inspection or maintenance of computer systems related to this service
- (2)
- In the event that this service cannot be operated due to computer or communication line failures, mishandling, excessive concentration of access, unauthorized access, hacking, etc.
- (3)
- In the event that this service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
- (4)
- Any other cases in which we deem it necessary to suspend or discontinue the service.
- 2.
- The Company shall not be liable for any damages incurred by the Registered Seller as a result of the measures taken under this Article.
Article 10 (Equipment burden, etc.)
- 1.
- Registered Seller shall prepare and maintain the computers, smartphones, other devices, software, communication lines, and other communication environment, etc. necessary for Registered Seller to use the service at their own expense and responsibility. In addition, the Registered Seller shall, at its own expense and responsibility, take security measures to prevent computer virus infection, unauthorized access, information leaks, and other problems in accordance with its own usage environment.
- 2.
- When a Registered Seller installs software, etc. on a computer, smartphone, or other device, etc. for use of this service, the Registered Seller shall take sufficient care to prevent trouble such as malfunctions, unexpected disappearance of data, or modification of said device, etc. Even if such trouble arises as a result of such installation, the Company shall not be liable for it. The company shall not be liable for any trouble that may occur as a result of such installation by Registered Seller.
- 3.
- Even if the Company store information sent or received by a Registered Seller on the service, the company shall not be obligated to store such information. In addition, the Company may delete such information at any time, and the Company shall not be liable for any damages incurred by the Registered Seller as a result of such deletion.
Article 11 (Rights Attribution)
- 1.
- All intellectual property rights in connection with the Company's website and the Service belong to the Company or the party that has licensed them to the Company, and permission to use the Service under these Terms of Use does not mean permission to use the intellectual property rights of the Company or the party that has licensed them to the Company in connection with the Company's website or the Service.
- 2.
- The Registered Seller agrees not to exercise moral rights of authorship against the Company or any person who has succeeded to or been granted rights by the Company.
- 3.
- Posting information about other Registered Sellers or products obtained by logging in to another medium, or any other reuse of information posted on the Service is prohibited.
Article 12 (Cancellation of registration, etc.)
- 1.
- If a Registered Seller falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the use of the Service or terminate the registration of such Registered Seller.
- (1)
- Violation of any of the provisions of these Terms and Conditions
- (2)
- When it is found that there is a false fact in the registration information
- (3)
- If the Bank ceases to make payments or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other similar proceedings
- (4)
- If a bill or check drawn or accepted by the Bank itself is dishonored, or if the Bank is subject to suspension of transactions by a clearing house or any other similar action.
- (5)
- In the event of a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction
- (6)
- Taxes and public dues in arrears
- (7)
- If Registered Seller have not responded to the Company's inquiries or other communications requesting a response for 30 days or more
- (8)
- In case of death
- (9)
- If the Registered Seller violated the laws and regulations concerning security trade control of the country to which the Registered Seller belongs, in the export of goods or technical information and technology transfer
- (10)
- When any of the items of Article 3, Clause 5 applies.
- (11)
- In any other case in which the Company deems it inappropriate for the Registered Seller to use the Service or to continue its registration as a Registered Seller.
- 2.
- In the event of any of the events listed in the preceding Clauses, the Registered Seller shall naturally lose the benefit of time with respect to all debts owed to the Company and must immediately pay all debts owed to the Company.
- 3.
- The Company shall not be liable for any damages incurred by the Registered Seller as a result of the measures taken under this Article.
Article 13 (Withdrawal from membership)
- 1.
- A Registered Seller may withdraw from the Service and terminate his/her registration as a Registered Seller upon completion of the procedures prescribed by the Company.
- 2.
- Upon withdrawal from membership, if there are any debts owed to the Company, the Registered Seller will naturally lose the benefit of time with respect to all debts owed to the Company and must immediately pay all debts to the Company.
- 3.
- The handling of personal information of the Registered Seller after withdrawal from the membership shall be in accordance with the provisions of Article 18.
Article 14 (Change or termination of the Service)
- 1.
- The Company may change the contents of the Service or terminate the provision of the Service at the Company's convenience.
- 2.
- In the event that the Company terminates provision of the Service, the Company shall notify the Registered Seller in advance.
- 3.
- The Company shall not be liable for any damages incurred by the Registered Seller as a result of the measures taken under this Article.
Article 15 (Disclaimer of Warranty and Disclaimer of Liability)
- 1.
- The Service is provided on an "as is" basis, and the Company makes no warranty, express or implied, that the use of the Service will result in an increase in sales of the subject merchandise, that the information of registered purchasers is accurate and that they have the resources to make repayments, that the Service is fit for a particular purpose of the Registered Seller, that it has the expected functions, commercial value, accuracy, or usefulness, that it will be continuously available, or that it will be free from defects. No warranty, express or implied, is made that the Service will be suitable for the particular purpose of the Registered Seller, that the Service will be continuously available, or that the Service will be free from defects, etc.
- 2.
- Even if the Company's website contains links to other websites, or even if other websites contain links to our website, the Company assumes no responsibility for the content of such other websites.
- 3.
- Even if the Service is linked with an external service, we do not guarantee any such linkage, and we shall not be liable for any problems that may arise from the linkage with the external service.
- 4.
- Registered Purchasers and Seller shall confirm at their own expense and responsibility that the use of the Service by Registered Purchasers or Registered Seller conforms to the laws and regulations applicable to Registered Purchasers or Registered Seller, or the internal rules of industry associations. The Company shall not be liable for any failure of use of the Service by a Registered Purchaser or Registered Seller to conform to the laws and regulations applicable to Registered Purchasers or Registered Seller, or the internal rules of any industry organization.
- 5.
- Any transactions, communications, disputes, etc. arising between a registered seller and other Registered Sellers, registered purchasers, outside businesses, or third parties in connection with this service or our website shall be resolved by the Registered Seller at his/her own expense and responsibility, and we shall not be liable for any such matters.
- 6.
- Even if the company are liable to a Registered Seller for damages, our liability shall be limited to direct and ordinary damages, and shall not include incidental damages, indirect damages, special damages, future damages, or damages for lost profits, and shall be limited to the total amount paid by the Registered Seller to us during the past 12 months from the time the cause of such damages arose. The maximum amount of damages shall be the total amount paid by the Registered Seller to the Company during the past twelve (12) months from the occurrence of the event.
Article 16 (Liability of Registered Seller)
- 1.
- In the event that a Registered Seller violates these Terms and Conditions and causes damage to the company, the Registered Seller shall compensate the company for the damage.
- 2.
- Transactions, communications, disputes, etc. arising between a Registered Seller and another Registered Seller, a Registered Purchaser, an outside business, or a third party in relation to this Service or the Company’s website shall be resolved by the Registered Seller at his/her own expense and responsibility, and if the company incur damages in relation to such disputes, etc., the Registered Seller shall compensate he company for such damages. In the event that the Company suffers damages as a result of such disputes, etc., the Registered Seller shall compensate the Company for such damages.
Article 17 (Confidentiality)
- 1.
- "Confidential Information" as used in the Terms shall mean information of the Company and information of Registered Purchasers obtained by Registered Seller through the Service and the information of Registered Seller obtained by the Company that is not yet publicly available.
- 2.
- Registered Seller and the Company shall not use Confidential Information for any purpose other than the use of the Service, and shall not disclose, provide, or divulge Confidential Information to any third party without the written consent of the Confidential Information Holder.
- 3.
- A Registered Seller shall not use the confidential information of a Registered Purchaser obtained in the process of concluding a contract with said Registered Purchaser using this service for any purpose other than the use of this service without the written consent of said Registered Purchaser, nor shall it disclose, provide, or divulge said confidential information to any third party.
- 4.
- Upon termination of the Service Usage Contract or when requested by the Company, the Registered Seller shall, in accordance with the company's instructions, return or dispose of the Confidential Information (including documents and other recording media containing the Confidential Information and copies thereof) without delay.
Article 18 (Handling of personal information)
- 1.
- Personal information of a Registered Seller (meaning "personal information" as defined in the Act on the Protection of Personal Information. The same shall apply hereinafter) by the company shall be in accordance with the privacy policy separately stipulated by the Company. The Registered Seller agrees to the handling of the Registered Seller's personal information by the company in accordance with this Privacy Policy.
- 2.
- At the company’s discretion, the company may use and disclose information, data, etc. provided by a Registered Seller to the company as statistical information in a form that does not identify individuals, and Registered Seller shall not object to such use and disclosure.
Article 19 (Period of validity, etc.)
- 1.
- The Service Agreement shall become effective on the date defined in Clause 4 of Article 3 and shall remain in effect until the earlier of the date such registration is terminated or the provision of the Service is terminated.
- 2.
- Upon termination of the Service Usage Contract, the Registered Seller shall return, dispose of, or otherwise dispose of the software, manuals, and other materials related to the Service provided by the company in accordance with the company's instructions.
Article 20 (Survival provision)
Notwithstanding the provisions of Clause 1 of the preceding Article, Article 5, Clause
2, Article 6, Clauses 4, 5 and 7, Article 7 (only in the case of nonpayment) Article 8, Clause 2, Article 9,
Clause 2, Article 10, Article 11, Article 12, Clause 2 and Clause 3, Article 13, Clause 2 and Clause 3,
Article 14, Clause 3, Articles 15 through 18, Article 19, Clause 2, this Article, and Articles 23 through 25
shall remain in effect after termination of Service Usage Contract. However, Article 17 shall remain in
effect only for 3 years after termination of the Service Usage Contract.
Article 21 (Modification of the Terms, etc.)
The Company reserves the right to change the Terms as it deems necessary. In the event
of modification of the Terms of Use, the Company shall notify the registered Seller of the effective date
and contents of the modified Terms of Use by posting on the Company's website or by any other appropriate
means. However, in the case of changes to the contents that require the consent of the registered Seller
under laws and regulations, the Company shall obtain the consent of the registered Seller in a manner
prescribed by the Company.
Article 22 (Contact/notification)
- 1.
- Inquiries concerning the Service and other communications or notifications from the Registered Seller to the Company, as well as notifications concerning changes to the Terms and other communications or notifications from the Company to the Registered Seller, shall be made in a manner determined by the Company.
- 2.
- When the Company contact or notify the e-mail address or other contact information included in the registration, the Registered Seller will be deemed to have received such contact or notification.
Article 23 (Assignment, etc. of Status under Service Usage Contract)
- 1.
- Registered Seller may not assign, transfer, pledge as collateral, or otherwise dispose of their status under the contract of use or their rights or obligations under the Terms to a third party without the prior written consent of the Company.
- 2.
- In the event that the Company transfer the business of this service to another company, the Company may transfer the position under the Service Usage Contract, rights and obligations under the Terms, and registered matters and other customer information of the Registered Seller to the transferee of such business transfer, and the Registered Seller shall agree to such transfer in advance in this Clause. The Registered Seller shall be deemed to have consented to such transfer in advance in this Clause. The business transfer stipulated in this Clause shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which a business is transferred.
Article 24 (Severability)
If any provision of the Terms or any part thereof is determined to be invalid or
unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of the
Terms and the remaining portions of any provision determined to be invalid or unenforceable in part shall
remain
in full force and effect.
Article 25 (Governing law and court of competent jurisdiction)
- 1.
- The Terms and the Service Usage Contract shall be governed by and construed in accordance with the laws of Japan.
- 2.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with the Terms or the Service Usage Contract.
Enrollment Fee and Annual Fee to participate in AeroMall as a Seller
- 1.
- Enrollment Fee
| Amount | Japanese Yen 100,000.- |
|---|---|
| Due Date | By the last day of the month following the month in which the registration as a Registered Seller under Article 3 is completed |
- 2.
- Annual Fee
- (1)
- For the first year (from the month of enrollment to next September)
| Amount |
|
||
|---|---|---|---|
| Due Date | By the last day of the month following the month in which the egistration as a Registered Seller under Article 3 is completed |
- (2)
- Following Years (from October to next September)
| Amount | Japanese Yen 120,000.- |
|---|---|
| Due Date | By the end of every October |
Issued on February 20, 2023.