Terms of Use

Article 1. Terms of Use

These terms of use (the "Terms of Use") shall apply to any and all activities of the users (the "User" or "Users" depending on context) when the Users use any service provided by Eiwa System Management Inc. (the "Company") on this website (the "Service").

By using the Service, the Users are deemed to have agreed to the Terms of Use.

Apart from the Terms of Use, separate provisions set forth within the Service (including the Help section and notices) shall constitute a part of the Terms of Use.

Article 2. User ID and Password Management

The Users are responsible for maintaining the confidentiality of the User ID and password.

The Company shall deem the access to have been made by the User if the Company has confirmed in a prescribed manner that the entered User ID and password match with those registered by such User. The Company will not be liable for any damage, liability or loss that may arise from the access even if such User ID and password are used by someone else as a result of theft, unauthorized use or other event.

Article 3. Prohibited Matters

When using the Service, the Users are prohibited from the following acts and matters. Upon finding any of the following prohibited acts and matters, the Company may suspend the User's access to the Service, delete the User's registration or terminate the User's future use of the Service.

  1. violation of laws and regulations, the Terms of Use or other terms and conditions;
  2. infringement of the rights, interests, honor, etc. of the Company or a third party;
  3. engagement in any activity that may disturb or offend other Users and third parties;
  4. transmission or posting of malicious computer programs or e-mails, etc.;
  5. unauthorized access to the server(s) or other computers of the Company;
  6. lending, transfer, or sharing with a third party, of the User ID or password;
  7. if the content of the User registration is found to be false;
  8. if the Service is not used for a certain period of time after the User registration;
  9. any use of anyone else’s User ID or password without permission of the holder of such User ID or password;
  10. infringement of intellectual property rights such as copyrights, patents, etc.;
  11. any act that threatens public order or morality;
  12. any act that may be construed as socially inappropriate behavior; or
  13. any other act or matter that the Company deems inappropriate.

Article 4. Protection of Information

The Company develops and organizes its internal regulations and organization, securely handles personal information and the information system processing personal data and pays the utmost attention to the protection of information registered for the Service.

Article 5. Handling of Data

The Company shall not be responsible for backups of the data stored in the Service by the User. The Users are responsible for backing up their own stored data.

Should the need arise to maintain or upgrade the Service, the Company may reproduce the data stored by the Users on the Company's server(s) to the extent necessary to such maintenance or upgrading of the Service.

Article 6. Disclaimers

Should there arise any dispute between the Users or between the User and a third party in connection with the Service or any User inflict damage upon another User or a third party as a result of such User's any incompliance with the Terms of Use, etc., the User shall resolve such dispute or compensate for such damage at the User's own responsibility and cost, for which the Company shall have no responsibility.

Nor shall the Company have any responsibility for the mismanagement of any information that any User registers and discloses on the Service, for which such User shall take full responsibility.

The Company shall not be liable for any damage, loss or drawback incurred by the Users as a result of interruption, delay or cessation of the system or loss of data caused by any failure of communication devices, communication lines or computers in use of this website or any discontinuation or suspension of services, etc. as provided for in Article 8 or any damage resulting from unauthorized access to data, or in connection with other services of the Company, provided that the foregoing provision for exemption from liability shall not apply if any User proves that damage has been caused a result of the failure of the Company to perform its obligation to provide the Service due to the Company's willful or gross negligence.

Given that the Company provides the Service to the Users free of charge, it shall give no guaranty, explicit or implicit, that the Service is free from any defect (such as security flaw, error and bug, etc.) nor have any liability to provide the Service with removal of such defect. Accordingly, the Company shall have no liability for any damage, loss or drawback that may be caused to the Users by such defect.

Article 7. Services Provided

The Company reserves the right to change the contents of the Service. In the event of a change to the contents of the Service, the Company shall provide notification of such change on this website.

The Company may terminate the Service at its own discretion. In the event of termination of the Service, the Company shall provide a prior notice on this website 30 days before such termination.

Article 8. Discontinuation or Suspension of Services, etc.

In order to ensure the continued provision of the Service in good condition, the Company reserves the right to take necessary measures without prior notice such as discontinuation or suspension of the provision of the whole or part of the Service when the Company conducts regular or emergency system maintenance, when the system becomes overloaded, when the Company determines that the operation of the Service will be hindered, when necessity arises to ensure the Users' security, or when the Company otherwise determines that such discontinuation or suspension is necessary. In such event, the Company shall not be responsible for any damages, liability or loss incurred by the Users.

Article 9. Amendments to the Terms of Use

The Company may change the Terms of Use without prior notice to the Users at any time the Company deems necessary; provided, however, that the Company shall inform the Users of amendments for a reasonable period in advance if such amendments are expected to materially affect the Users.

The amendments shall become effective when the amended Terms of Use are posted on this website.

Article 10. Governing Law and Jurisdiction

The Terms of Use shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court will have the exclusive jurisdiction in the first instance over any disputes related to the Terms of Use.

Article 11. Other

The Terms of Use are prepared in Japanese. In the event of any inconsistency between the Japanese version and the translated version, the Japanese version shall prevail.

Article 12. Additional Clause

The Terms of Use shall be amended and restated hereby and become effective as of September 27, 2016.