TERMS AND CONDITIONS OF USE for the Clients
The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between TASKAJI Inc. (hereinafter referred to as the "Company") and the customer using this Service (hereinafter referred to as the "Client(s) ") of “TASKAJI” (https://taskaji.jp
) (hereinafter referred to as the "Service"), which is provided by the Company.
Article 1 The Content of This Service
This Service matches the Clients who wish to request the housekeeping services with housekeepers (hereinafter referred to as the “TASKAJI-san”) that meet the desired conditions of the Clients.
Article 2 Agreement
- The Clients shall use the Service in accordance with terms set forth in Terms and Conditions here. The Clients may not use the Service without an effective and irrevocable agreement to the Terms and Conditions.
- By using the Service(including a request made to TASKAJI-san), the Clients are considered to have made an effective and irrevocable agreement to the Terms and Conditions.
- The Arranger (as defined in paragraph 3 of Article 3; the same shall apply hereinafter) shall use the Service in accordance with the provisions set forth in the Terms and Conditions. The Arranger may not use the Service without an effective and irrevocable agreement to the Terms and Conditions.
- By using the Service, the Arranger (including a request made to TASKAJI-san) is considered to have made an effective and irrevocable agreement to the Terms and Conditions. The Arranger shall make efforts to have the Clients understand the Service and the terms of the Terms and Conditions.
- If any part of the Service contains a separate set of Terms and Conditions, the Clients or the Arranger shall agree to those terms in addition to the Terms and Conditions to use the Service.
Article 3 Registration
- When registering information of the Client, the Client shall provide true, accurate, and complete information required, and be obligated to update this information to reflect any changes.
- One person may not possess multiple accounts having the same contents for the Service without the Company's approval.
- (i) In cases where a Client using the Service is a corporation, the person in charge who is duly authorized by the corporation may arrange the Service for the corporation by registering required information, in other words, registering the corporation as a Client and the person in charge as an Arranger (hereinafter referred to as the “Corporate Use”, and (ii) in cases where a Client using the Service is an individual, a person (including any family member of the individual) who is duly authorized by the individual may arrange the Service for the individual by registering required information, in other words, registering the individual as a Client and the duly authorized person as an Arranger (hereinafter referred to as the “Proxy Arrangement,” and in the Corporate Use and the Proxy Arrangement, a person who makes an arrangement on behalf of the Client shall be hereinafter referred to as the “Arranger”). The Client may, in accordance with the provisions of the Terms and Conditions, cause the Arranger to ask the Company for the Service, conduct the review and acceptance inspection, pay remuneration, and perform other procedures. After paragraph 5 of this Article in the case of the Corporate Use and the Proxy Arrangement, “the Client” in the Terms and Conditions shall be deemed to be replaced with “the Client or the Arranger,” except for the cases in Article 4, paragraphs 7 through 9 of Article 5, Article 7, the 2nd sentence of paragraph 1 of Article 11, paragraph 2 and paragraph 4 of Article 15, paragraph 1, paragraph 2 and paragraph 4 of Article 16, and cases where the context requires otherwise.
- When registering information on the Clients and the Arranger, the Arranger shall provide true, accurate, and complete information and update the information to reflect any changes. In addition, the Arranger shall cause the Client to cooperate with such procedures.
- Minors (under 20 (twenty) years of age) may not register as a Client, regardless of the consent of their legal parent or guardian.
- The Company reserves the right to refuse a Client’s registration if the Company determines that the Client falls under, or is likely to fall under, any of the following items. In addition, accounts may be suspended or deleted without prior notice, even after registration. The Company is under no obligation to provide explanation and shall not be held responsible for any such response. The Client shall promise to the Company at the time of and after registration that the Client does not fall under any of the following items.
- Any falsehood, error or omission in all or part of the registration, documents submitted or reports provided to the Company.
- Persons (including companies) the Company considers as an antisocial force may not register as a TASKAJI-san. "Antisocial force" in the present section shall mean an organised crime group, a member of organised crime group, a quasi-member of organised crime group, a related company or association of an organised crime group, racketeers who threatens to disrupt stock-holder's meetings, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities and crime groups specialized in intellectual crimes, and other antisocial forces. Such shall include those who were an antisocial force in the past.
- Past and present convictions (except for minor traffic offenses). In the event that TASKAJI-san has been convicted of a crime, and the Company determines that it is inappropriate to use the Service in view of the content of such conviction.
- A Client’s registration has been rejected or cancelled by the Company in the past.
- It is determined that there is a possibility of communication difficulties between the contracted partner and the Company.
- It is judged that there is a possibility of the Client incurring harm or danger to TASKAJI-san or the Company.
- The Client does not or may not have the mental capacity or falls under the category of a person with limited capacity prescribed in paragraph (1) of Article 13 of the Civil Code.
- In any other case where the Company deems the Client’s registration to be inappropriate.
- The Client is deemed to have agreed to receive SMS text messages relating to the Service from the Company to the telephone number he or she has registered for the Service.
- When creating a password to use the Service, the Client shall be responsible for the security of their password. The Company can consider any and all actions conducted using a password as the actions by the Client associated with that password.
- The Client registered with the Service may delete their account and withdraw at any time.
- The Company reserves the right to suspend or delete an account without prior notification to the Client, if the account has or is likely to violate their agreement to Terms and Conditions.
- The Company reserves the right to suspend or delete the account of the relevant Client if said Client, his/her guarantor or family member, or any other related party makes any unreasonable inquiry or request to TASKAJI-san or to the Company, or engages in any other conduct that interferes, or may interfere, with the use of the Service by other users.
- The Company may delete accounts that have not been accessed for over 6 months (since the date of their last request) without prior notification to the Client.
- All user rights of the Client within the Service will extinguish whenever their account is deleted. Deleted accounts cannot be recovered, even if the Client deleted their account by mistake.
- An account in the Service belongs uniquely to the Client. All user rights of the Client within the Service may not be transferred, lent, or inherited.
Article 4 Requests for Housekeeping Services
- The Clients (hereinafter in the case of the Corporate Use and the Proxy Arrangement, “the Client” in this Article shall be deemed to be replaced with “the Arranger,” except for the cases in paragraph 3, paragraph 5, and paragraph 6 of this article) may request housekeeping services by searching through the TASKAJI-san for those who meet the client's desired criteria. Requests come in two types, "One time" and "Weekly (Bi-Weekly)", one of which is to be chosen by the client.
- The TASKAJI-san shall decide whether or not to accept a certain request for the Services within 24 hours of receiving that request, after which they shall respond to the relevant Client. If the TASKAJI-san fails to respond to a Client within 48 hours of accepting that Client's request, then the acceptance of that request by the TASKAJI-san will be nullified.
- (i) In the case where the Client uses the Service by himself/herself、a contract for housekeeping services (hereinafter referred to as the “Housekeeping Service Contract”) will be established between the Client and TASKAJI-san the moment TASKAJI-san accepts a request from the Client, and (ii) in the case of the Corporate Use and the Proxy Arrangement, the Housekeeping Service Contract will be established between the Client and TASKAJI-san the moment TASKAJI-san accepts a request from the Arranger. The Company solely provides opportunities for matching between TASKAJI-san and the Client and is not a party to the Housekeeping Service Contract.
- The TASKAJI-san and the Client may cancel or change their contract even after the contract for housekeeping services is established between the TASKAJI-san and the Client. However, changes may not be made starting 1 hour before the designated start time of housekeeping services, cancellations may not be made starting 72 hours before the designated start time of housekeeping services, and cancellations shall not be made unless absolutely necessary.
- The Clients shall resolve any trouble that arises between the Client and the TASKAJI-san with a sufficient understanding that the contractual agreements they enter into with the TASKAJI-san for housekeeping services are a direct contract between only the Client and the TASKAJI-san, and the Clients shall agree not to burden our Company with formal complaints, etc. However, when our Company decides that it is necessary for the smooth operation of this Service, the Company may act as a mediator for trouble, etc., that has occurred between the Clients and the TASKAJI-san.
- The Clients and the Arranger shall not directly request housekeeping services from the TASKAJI-san met through introductions by our company without prior written consent from our Company even after the contract period for the contractual agreement established between the Client and the TASKAJI-san ends. In the case that the Client or the Arranger is found to have directly requested housekeeping services from the TASKAJI-san without the consent of our Company, then the relevant Client or the Arranger who committed the violation shall pay 300,000 yen as a penalty for breach of contract.
Article 5 The Content of Housekeeping Services
- The content of housekeeping services to be provided by the TASKAJI-san is comprised of the following tasks: cleaning, organize, washing, grocery shopping, cooking, cook ahead.
- Work that is clearly beyond the scope of daily housework, work that falls under the category of house cleaning, work that requires specialized skills, and any other work we deem inappropriate, such as work that is separately defined as not covered by the FAQ, etc. published by the Company, are not covered by our housekeeping services.
- The Clients shall cooperate with the TASKAJI-san as much as possible so that the TASKAJI-san is able to carry out their housekeeping tasks smoothly. For example, if the TASKAJI-san becomes lost on the way to the Client’s home, please give directions on how to proceed using the telephone, etc.
- If the TASKAJI-san is late to the designated time for providing housekeeping services, then the TASKAJI-san will contact the Client in advance by telephone or through the messaging function of this Service.
- Any trouble that results from the loss of keys or the failure of the Client to be present at the designated service time, any other trouble that occurs during or as a result of housekeeping services, or any damage incurred by the Client or the TASKAJI-san is to be resolved between the relevant parties, the TASKAJI-san and the Client, and our Company cannot be held responsible in any way.
- Should a Client need help or assistance from a physician or other professional staff for daily work or communication due to illness or disability, and the Client requests that his/her family and/or professional supporting staff be present after consulting with his/her physician or other professional supporting staff, the Client may then request housekeeping services and TASKAJI-san will perform those duties in the presence of the family and professional staff.
- In the event that TASKAJI-san or the Company reasonably determines that the contents of a request exceed or lies outside the framework of outsourceable domestic work as provided in Paragraphs 1 through 4 (for example, including, but not limiting to, instances when TASKAJI-san is requested to clean a large mass of dead insects in the Client's home, the excrement and urine of pets, so much rubbish that even entering the space is difficult, etc.), TASKAJI-san shall immediately terminate the Housekeeping Service Agreement between TASKAJI-san and the Client and cease conduct of the housekeeping services. Additionally, the Company, on behalf of TASKAJI-san, may immediately terminate the Housekeeping Service Agreement and instruct TASKAJI-san to cease the housekeeping services.
- If the Housekeeping Service Contract is canceled pursuant to the preceding paragraph, the Housekeeping Service Contract shall be treated in the same way as if the Client had canceled the Contract within 1 hours prior to the start of the provision of services as specified in paragraph 2 of Article 8.
Article 6 Review and Acceptance Inspection
- The Client shall conduct an evaluation of the relevant housekeeping (hereinafter referred to as the "review") after completion of the housekeeping work by the TASKAJI-san. In the event that the Client is not present at the time of the housekeeping work by the TASKAJI-san, the Client shall conduct the review within 48 hours of the completion of the housekeeping.
- At the time of the review by the Client in the preceding paragraph, the acceptance inspection of the housekeeping by the TASKAJI-san shall be considered complete, and the relevant housekeeping service shall be considered finished.
- If determining that the housekeeping work by the TASKAJI-san is not complete, the Client shall indicate in the review the fact that it is not complete. In response to this, Company may confirm the situation and determine whether or not the acceptance inspection is complete.
- The Client may not object to the determination made by our company with respect to whether the housekeeping work by the TASKAJI-san has been completed.
Article 7 Payment
- The Client pays the fee designated by our Company for the housekeeping work to our company (for details, please see below.). Our Company pays the remainder of the fees to the TASKAJI-san after deducting the Service usage fees designated by our Company (for details, please see here)
- The Client shall pay the housekeeping work fees to our Company immediately after completing the review. The payment method is by credit card only.
- The Company may terminate use of the Service by the Client if payment for the housekeeping service cannot be settled by credit card even once, or in the event that the Company is unable to bill the Client by the due date regardless of additional usage fees.
- The Client shall pay the TASKAJI-san the transportation fees from the closest train station to the site of the housekeeping, and from the site of the housekeeping to the closest train station (however, transportation fees for bus routes affiliated with our company shall be borne by the TASKAJI-san). These transportation fees, together with the housekeeping work fees as described in Section 2, will be paid by credit card registered in advance.
Article 8 Cancellations, etc.
- The Client may cancel or change the contract even after forming a contract for housekeeping work with the TASKAJI-san. However, 1 hour before the start of the housekeeping service absolutely no changes may be made, and cancellations of 72 hours before the start of the housekeeping service may not be made except due to unavoidable circumstances.
- If the Client cancels the contract for housekeeping work with the TASKAJI-san in less than 72 hours before the start of the work due to unavoidable circumstances, the Client shall pay the cancellation fee to the Company. For the cancellation fee, if the Client cancels the service on his/her own, he/she shall pay 50% of the planned usage fees (excluding transportation costs). If the Client cancels in less than 24 hours but more than 1 hour before the start of the work, he/she must pay 100% of the planned usage fees (also excluding transportation costs.) If the Client cancels in less than 1 hours before the start of the work or without warning (does not cancel the housekeeping work by the TASKAJI-san before its start time), he/she must pay 100% of the planned usage fees plus transportation cost. In the case of cancellation in less than 24 hours before the start of the work, the Company will pay 50% of the amount in the case of the TASKAJI-san complete his / her work. In the case of cancellation in less than 24 hours but more than 1 hour before the start of the work, the Company will pay 50% of the amount in the case of the TASKAJI-san complete his / her work and transportation costs.
Article 9 Privacy etc.
and all laws and regulations relating to the protection of personal information.
Article 10 Prohibited Matters
As well as those matters prohibited separately under the Present Convention and information for users or FAQ, the Client is prohibited from the following items while using the Service. And the Client must observe them permanently notwithstanding the reason.
- Actions that violate laws, decisions or orders by court, or administrative measures with legal binding force.
- Actions such as eavesdropping, taking photographs without TASKAJI-san’s consent and other acts that fall under criminal punishment.
- Actions that may violate public order or morals.
- Actions that infringe on the Company's or a third-party's legal or contractual rights, including copyright, trademark rights, patent and other intellectual property rights, reputation rights, and privacy rights.
- Possession of multiple accounts for the Service without the Company's approval.
- Reproducing or copying all personal information obtained in relation to this Service without the Company's permission, and retainment of such information even after the contract is concluded.
- Use of all personal information obtained in relation to this Service for any purpose other than the use of this Service.
- Exchanging TASKAJI-san's email address, LINE information, or other messaging platform information, and contacting TASKAJI-san, except through the Phone call/messaging function of the Service that has been approved by the Company.
- Posting or submitting excessively violent expressions, crude sexual expressions, expressions that lead to discrimination by race, nationality, beliefs, gender, social status, or place of residence or birth, expressions that induce or encourage suicide, acts of self-harm, or drug abuse, and other expressions containing antisocial content that can make others feel uncomfortable.
- Posing as the Company or a third-party, or intentionally spreading false information.
- Acts of harassment, discrimination, slander, or acts that damage the reputation or credibility of the Company, other clients, or TASKAJI-san.
- Actions other than those set by the Company that exchange user rights of the service with cash, property or other economic profits.
- Directly concluding a contract for housekeeping services and paying remuneration to TASKAJI-san through this Service, without prior written approval from the Company.
- Using the Service for purposes, or for the preparation of purposes, unintended by the Company, such as sales, advertisement, soliciting, and other for-profit acts, except with prior written permission from the Company.
- Violence, threats, intimidation, and other similar words and actions.
- Sexual harassment or other obscene language or behavior, as well as acts that involve physical contact, sexual acts, acts for the purpose of obscenity, or acts for the purpose of meeting or dating a person of the opposite sex whom one has not known previously.
- Use the Service for any other purpose that is contrary to the intended use of the Service.
- Acts of cooperation with anti-social forces, including supply of profit.
- Political activity, religious activity, or solicitation for religious organizations, pyramid schemes, etc.
- Illegally collecting, publicizing or providing personal information, registered information, or usage history of other people.
- Repeatedly asking the same questions to TASKAJI-san beyond what is reasonably considered necessary, contacting TASKAJI-san early in the morning or late at night, making unreasonable inquiries or requests to other parties, or any other acts that interfere with or hinder other users' use of the Service.
- Actions that hinder the network system of the Service, illegally operating the Service using technical measures such as bots and cheat tools, intentionally exploiting flaws in the Service, making unreasonable requests or inquiry to the Company (such as repeating the same question more than necessary), and other actions that obstruct the Company's operation of the Service or other TASKAJI-san's use of the service.
- Actions that support or induce actions stated in above (1) to (22).
- Actions otherwise deemed inappropriate by the Company.
Article 11 Responsibilities of the Clients
- The Clients shall be completely responsible for their use of the Service, actions they perform on the Service, and results of their actions. While housekeeping service is provided, the Client shall store valuables in a locked place at his / her own risk so as not to cause trouble such as loss.
- In the event that the Client using the Service is violating the terms, the Company shall take necessary and appropriate action. However, the Company shall not be obligated to prevent or correct those violations.
- The Client shall immediately compensate any direct or indirect damages caused to the Company or TASKAJI-san (including legal fees) caused by using the Services (including requests to TASKAJI-san and user registration based on Article 3) (including claims by third parties caused by the Client's use of the Service), as demanded by the Company.
Article 12 Use Of Online Dispute Resolution Service
- Should any disputes arise between the contracted parties (TASKAJI-sans and Clients who are parties to a housekeeping services contract established in accordance with the provisions of Article 4, Paragraph 3, are individually or collectively hereinafter referred to as "contracted parties" in this Article) regarding a housekeeping services contract under the Service, it shall be resolved between them in accordance with the provisons of Article 4, Paragraph 5. Note, however, that the Company will only permit the use by the contracted parties of the online dispute resolution service (hereinafter, "online dispute resolution service") contracted to by the Company in cases where the contracted parties have complied with the agreements set forth in the following paragraph, where the Company acknowledges that there is a dispute, and that the use of said service is appropriate.
- The contracted parties agree in advance to the following matters regarding the use of the online dispute resolution service.
- The online dispute resolution service shall be made available for use subject to the consent of both of the contracted parties, and if one of the contracted parties requests to use the online dispute resolution service, the other party shall make every effort to comply with the request.
- If the cause of the dispute concerns the quality of the Service, the upper limit amount of any compensation for damages shall be an amount equivalent to the usage fee for the particular service that was the cause of the dispute in question.
- The Company will provide personal information of the contracted parties to the company providing the online dispute resolution service to the extent necessary for resolution of the dispute.
- The Company will provide the company that operates the online resolution service with such information that the Company deems relevant to the resolution of the dispute, such as records of negotiations between the contracted parties regarding the dispute concerning the Service, exchanges with the Support Center and relevant photographs, etc.
- While the online dispute service is being used, details of reviews concerning particular services that have been the cause of the disputes will be kept confidential. However, this does not apply in cases where it is judged that there is no need for confidentiality.
- In order to perform analysis for the purpose of improving the Service, the Company receives data relating to disputes from the company that provides the online dispute resolution service (including the content exchanged in the online dispute resolution service and the results).
- When using the online dispute resolution service, the proposed remedial action must be taken without delay and within the specified time period.
- The online dispute resolution service can be used only for disputes that the Company reasonably recognizes as disputes related to the housekeeping services contract between the contracting parties after the conclusion of the housekeeping services contract.
- Of the costs relating to the online dispute resolution service, the Company will bear the costs of the initial mediation fee (meaning the initial usage fee that must be paid even if the mediation period in the online dispute resolution service is not extended, but not including the costs of filing a mediation request) and the settement agreement drafting fee, set separately by the company that provides the online settlement service, provided that the contracted parties are in compliance with the provisions of each item in the preceding paragraph. Even in that case, fees related to the mediation request shall be borne by the party who filed for mediation in the online dispute resolution service (hereinafter, "complainant") and shall be paid to the Company by the method specified by the Company at the time of the filing of the request. The complainant may not claim payment of any fees for filing for mediation from the other party. In addition, if a settlement is not reached within the initial mediation period (meaning the period during which the online dispute resolution service can be used without the payment of an extension fee) separately determined by the company that provides the online dispute resolution service, and the claimant wishes to extend the period and use the online dispute resolution service, the service shall be available only when the claimant has paid the fee for the extension to the Company by the method specified by the Company, and by the start of the extension period.
- The provisions of the preceding paragraph notwithstanding, while the online dispute resolution service is being used by the contracted parties, should one or both of the contracted parties have their registration deleted by the Company, their account suspended or deleted, or should one or both of the contracted parties delete their accounts and withdraw from the Service (contracted parties that are subject to service registration cancellation or account suspenstion or deletion are hereinafter referred to as "withdrawing party or parties"), the total costs relating to the use of the online dispute resolution service shall be borne by the withdrawing party or parties.
- If the result of mediation by the online dispute resolution service is "no settlement", or if a settlement is not reached within the mediation period, the online dispute resolution service may not be used again for the same case. This, however, shall not prevent the contracted parties from resolving the dispute without using the online dispute resolution service. Further, if the contracted parties using the online dispute resolution service delay the dispute resolution for no reasonable reason, or obstruct the progress of the dispute resolution procedures, in the event of any other dispute arising between the parties in the future regarding another housekeeping service contract, the Company may refuse to allow them the use of the online dispute resolution service.
- Use of the online dispute resolution service assumes that the contracted parties have registered accounts for the Service and that these accounts have not been suspended or deleted. In addition, the online dispute resolution service shall be available only to the actual contracted parties, and no third party or arranger other than lawyers or other persons authorized by law to act as proxy may use the service.
Article 13 Modification of the Terms and Conditions
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions is posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
Article 14 Service provision by the Company
- The Clients using the Service shall be responsible for preparing and paying for necessary resources, such as a personal computer, a mobile phone, telecommunication equipment, an operating system, a means of communication and electricity.
- The Company may limit provision of the Service to the Clients that meet criteria deemed necessary by the Company, such as age, identity verification, registration of some information, etc.
- The Company may change part of, change all of, or discontinue provision of the contents of the Service without prior notification to the Clients, whenever deemed necessary by the Company.
Article 15 Contents
- The Company shall bestow upon the Clients un-transferable, un-sublicensable, non-exclusive user rights for the service provided by the Company, for the sole purpose of using the Service.
- The Clients and the Arranger shall not use the service of the service beyond the programmed modes of use (including, but not limited to copying, transferring, reprinting, or changing any part of the contents).
- The Clients shall be responsible for backing up their own posted photos, text, and comments (hereinafter referred to as “posted content”). The Company shall not be obligated to back up the Client's posted contents.
- The Clients and the Arranger shall retain their rights on their posted contents, and the Company shall not gain these rights. However, by posting posted contents, the Clients and the Arranger are considered to have agreed to the Company using the posted content for service and promotion purposes (including the right for the Company to edit this content appropriately when necessary) at no cost, for an unlimited time, without geographic limitations.
- When necessary to confirm compliance to laws or terms, The Company may check the content of posted content. However, the Company shall not be obligated to perform such checks.
Article 16 The Company's exemptions
- The Company takes care to examine the registered information related to the TASKAJI-san, however we make no guarantee to the Client and the Arranger of its trustworthiness or accuracy. Our company takes absolutely no responsibility to the Client and the Arranger for any damages occurring based on this information.
- The contract for housekeeping work between the Client and the TASKAJI-san is left up to the responsibility of the two parties. Our Company takes absolutely no responsibility for any damages occurring due to that contract. However, if there is some dispute between the two parties, and if our Company determines that there is a reasonable basis for the complaint, our Company may mediate the dispute through measures such as the deletion of the registration of the TASKAJI-san or the Client.
- The Company does not clearly state nor imply that the service shall be guaranteed to be free of actual or legal defects (including safety, reliability, accuracy, integrity, compatibility to a specific purpose, defects related to security, errors, glitches, and infringements or rights). The Company shall not be obligated to remove the service of such defects upon provision of the service.
- In the case of the Corporate Use and the Proxy Arrangement, the Company shall not be liable for any damage suffered by the Client or the Arranger arising from or in connection with the fact that the Client and the Arranger are different persons.
- The Company shall not be liable for any damages caused to the Client due to the use of the service. However, in the case that the service contract between the Company and the Client (including these terms) is considered a consumer contract under the Consumer Contract Act of Japan, this clause shall not be applicable.
- Even in cases that fit the conditions noted in paragraph 5 of this article, the Company shall not be responsible for damages caused to the Client in special circumstances (cases where the Company or the Client had, or could have foreseen the damage) due to a default of the Company or illegal activity by the Company caused by the Company's fault (excluding gross negligence). Furthermore, the limit of compensation for damages caused to the Client due to a default of the Company or illegal activity by the Company caused by the Company's fault (excluding gross negligence) is the amount of fees paid by the Client during the month the damages were made.
Article 17 Sampling Service
- An overview of the sampling service is as follows.
- A Client who has registered an account for the use of the service in accordance with the provisions of Article 3, by selecting "Please send" in the "Free sampling delivery request settings" in the account settings screen, can use the service for (i) free samples (hereinafter referred to as "samples") of daily necessities, food, electrical appliances and other appliances, tickets (including electromagnetic media), services, etc. provided by our business partners (hereinafter referred to as "partners") and (ii) a rental-type service in which samples are used free of charge and returned to the Company or partner after a certain period of time (services (i) and (ii) are collectively referred to as the "sampling service").
- The Client may cancel the use of the sampling service at any time by selecting "Do not send" in the "Free sampling delivery request settings" in the account setting screen.
- The Company may send, or have a partner send, samples to clients who wish to use the sampling service as stipulated in Item 1. The type or quantity of samples and the timing of delivery shall be determined by the Company.
- Samples will be sent to the address of the Client registered with the service, and are to be used by the Client themselves.
- The Company may change the contents of the sampling service or suspend provision of the sampling service without obtaining the prior consent of the Client. The Company shall not be held responsible for any disadvantage or damage caused to the Client as a result of said changes or suspension.
- Important notes on using the sampling service are as follows.
- One type of sample may only be sent once per Client.
- Delivery of samples is limited to within Japan. In addition, depending on the sample, there are some that are limited to certain regions and quantities. Further, the Company may not be able to deliver samples to Clients who live on remote islands.
- Depending on the sample, conditions may apply to the usage.
- In the event that the Client changes their address or other settings regarding permission to use the sampling service immediately prior to the scheduled delivery date of the samples, the delivery or cancellation may not be completed in time. In addition, the Company cannot accept individual shipments or cancellations under such circumstances.
- The Company cannot accept requests to specify delivery dates/times, or whether or not to send individual samples.
- In the unlikely event that there is a defect (soiling or damage) in the delivered sample, please contact the Company by the separately specified method within 3 days after the sample arrives. We will send you the same sample as long as if we have it in stock. In addition, even if the Client wishes to exchange a product, it may not be possible to do this due to lack of available items.
- After 3 days have passed since the sample was delivered to the Client we cannot accept returns or exchanges due to defects in the sample, or at the Client's convenience.
- When the rental type sampling service specified in Item 1 (ii) is provided, the Client shall use the sample products in according to the method described in the written instructions enclosed with the samples. Further, after a certain period of time has passed, the samples will need to be returned to the Company or to our partners. In addition, even if the sample is provided by a method other than those described in Item 1 (i) and (ii), the Customer should use the sample according to the method described in the instructions enclosed with the sample.
- In cases where the delivery company's storage period expires, the delivery address is not correct, or the Client is unable to take delivery of the samples, and the samples are returned to the Company or a third party entrusted by the Company to ship the products, we will not be able to resend the sample product. In addition, if it is confirmed that a specific Client has returned samples multiple times, or if it is confirmed that the Client has not used samples that have been sent, we may exclude the Customer from the list of persons who are eligible to receive samples.
- If the Company determines that the actions of the Client when using the sampling service fall or are likely to fall under any of the following prohibited acts, the Company may take measures such as terminating the sampling service and use of the service without prior notice to the Client, or canceling the Client's membership. In addition, the provisions of this paragraph notwithstanding, the Company shall not be prevented from claiming compensation for damages suffered, in accordance with the following paragraph.
- The use of sample products for the purpose of resale to third parties;
- The selling of sample products on person-to-person trading sites, apps, etc.
- The use of samples in a manner not approved by the Company
- Use with malicious intent such as slander, and the dissemination of nuisance content on SNS
- If the Client violates the provisions of the preceding paragraph, they shall be liable to the Company for the damages set forth below.
- In the event that the Client resells a sample product without permission, in violation of the preceding paragraph, the Client shall be liable to compensate the Company to an amount equivalent to (i) the profit that the client received from the resale, or (ii) 300,000 JPY, whichever sum is specified by the Company as a penalty.
- In addition to the preceding item, if the Company suffers damage due to the Client's having violated the terms of the preceding paragraph, the Client shall be obligated to compensate the Company for said damage.
- In the event that the Company receives a complaint from a business partner or other third party regarding the use of the sampling service and suffers damage as a result, the Company shall notify the Client that caused the complaint about the dispute, and may claim compensation from them for any and all related costs (including compensation for damages, litigation costs and attorneys' fees).
Article 18 Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as "Japanese Version"), the Japanese Version will govern the relationship between Users and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.
Article 19 Contact means
- Communications from the Company to the Clients regarding the service will be made through display in the appropriate location within the website run by the company, as well as any other means deemed appropriate by the company.
- Communications from the Clients to the Company shall be made through the contact form located in the appropriate location within the website run by the company, as well as any other methods indicated by the company.
Created on July 11, 2014
Amended on June 6, 2019
Amended on September 9, 2019
Amended on April 9, 2021
Amended on February 15, 2022
Amended on May 2, 2022
Amended on September 1, 2022
Amended on June 12, 2023
Amended on November 1, 2023