General Terms
Clause 1: Applicability of Terms
Amar Enterprises Co Ltd (hereinafter referred to as "the company") hereby establishes the following rules and regulations (hereinafter referred to as "the terms") for persons utilizing the company's Internet sales service for used cars and other items (hereinafter referred to as "the users" and "the service" respectively).
Clause 2: Scope of and Changes to the Terms
1.The Terms apply to the company and to users of the service. Both the company and users shall strictly adhere to the Terms in a sincere manner.
2.Where changes are made in the Terms, the company will notify users of such changes. If users do not indicate that they do not accept changes when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes.
3.Where one or more Clauses or parts of Clauses contained within these Terms is deemed ineffective or not executable, the remainder of the Clauses or parts of Clauses as well as the Clauses or parts of Clauses deemed ineffective or not executable will remain fully in force. The company and/or the user will legitimize the Clause or part of Clause deemed ineffective or not executable and revise it as necessary in order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned Clause or part of Clause.
Clause 3: User Notification
1.Except where otherwise stipulated in the Terms, users are notified by the company via e-mail, via general postings on the service Website, or by other means deemed appropriate by the company.
2.Where notification as described in (1) above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the user's e-mail address.
3.Where the notification in (1) above is carried out via general postings to the service Website, user notification is deemed complete once it has been posted to the Website and users accessing the service can view the posting.
4.Once notification as in (2) or (3) above has been completed, any information contained in said notification is effective immediately.
5.Users are under obligation to peruse notification from the company made be e-mail without delay. User perusal e-mail is defined as the user displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.
Clause 4: Applicable Laws, etc.
1.The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.
2.The original English document pertaining to these Terms takes legal precedence. No changes in enactment, validity, execution, interpretation, etc. are effective with respect to translation of the document into other languages.
Clause 5: Court Holding Jurisdiction
1.Should any disputes between user(s) and the company occur with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion.
2.If the dispute(s) cannot be resolved through discussion between the parties concerned, either the Saitama District Court or the Saitama Summary Court holds original, exclusive jurisdiction over the dispute.
Clause 6: Prerequisites for Utilizing the Service
Users are responsible for obtaining the equipment necessary to utilize this service, including communications equipment, software, relevant Internet services, etc.
Clause 7: Information Supplement
1.Should changes occur in user information such as name, address, telephone number, and other information provided to the company at the time of application, users must report any such changes to the company immediately.
2.The company is not liable for any damages incurred by the user or a third party due to failure to inform the company of the changes in user information noted above.
3.Where the user neglects to inform the company of changes in registered information, the user understands that the company will deem any notification sent to have been received by the user at the time it is supposed to be received, even if said notification returns to the company as undeliverable, as the notification will be sent as indicated in the information previously provided to the company by the user.
Clause 8: Restrictions
The following actions are prohibited of users of this service.
1.Actions that infringe on company or third party copyrights or other rights, or actions that pose a threat to such rights.
2.Actions that infringe upon the company's assets or its privacy, or actions that pose a potential threat to such rights.
3.In addition to numbers (1) and (2) above, actions that cause loss or damage to a third party or to the company, or actions that pose a potential threat of such loss or damage.
4.Transfer of rights stipulated in the Terms to a third party.
5.Actions resulting in the defamation of a third party or the company.
6.Actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or actions deemed by the company to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.
7.Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
8.Actions related to the sex industry or religious proselytizing.
9.Utilizing the service as a third party.
10.Falsifying or suppressing company or third party information through access of the service.
11.Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
12.Actions leading to inconvenience or loss for the company or a third party, actions that may interfere with the service, or actions that impede operation of the service.
13.Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.
14.Actions that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
15.Other illegal actions or actions that may potentially lead to illegal actions.
16.Other actions deemed inappropriate by the company.
Clause 9: Copyrights
1.Users may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
2.Users may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the service without the permission of the copyright holder.
3.Should any disputes arise due to violation of the rules stipulated in this Clause, the user is responsible, financially and otherwise, for the resolution of such disputes. The company will not be held liable in any way, and the user will not cause loss to the company.
Chapter 2: Information Pertaining to Sales Contracts
Clause 10: Requesting an Estimate
1.Users who wish to obtain an estimate for used cars or other items (hereinafter referred to as “goods”) sold through the service can request the estimate via the service by means specified by the company by entering the required information (name, address, e-mail address, etc.).
2.Where an estimate is requested according to the procedure described above, it will be forwarded to the user within three business days by e-mail or other means deemed appropriate by the company.
3.Estimates will be forwarded to users as described in Clause 3 of these Terms. Note, however, that this information will not be conveyed in the form of general postings on the service Website.
4.Estimates will be sent within three working days, as described in (2) above, only for users that complete the required information as stipulated under the rules of the service. Should a user be unable to obtain an estimate due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the user is responsible, both financially and otherwise, for resolving any disputes arising. The company will not be held liable in any way, and the user will not cause loss to the company.
Clause 11: Conclusion of Contract
1.Users wishing to purchase goods from the company through the company's service should remit the amount indicated in the estimate (described in Clause 10) by electronic wire transfer, or should remit the funds to a specified account by other means of settlement as stipulated by the company in the currency specified by the company. The company utilizes systems required for proper payment processing, including requiring the user to enter the estimate number on the message line. Users are responsible for any bank fees incurred in the remittance of funds.
2.The contract is concluded where payment is remitted to the company's specified account by the means described above, or where payment is made by some other method specified by the company, and said payment has been confirmed.
3.Once payment has been made by the user and confirmed by the company, and the user (hereinafter referred to as the contractee) and the company both agree to the sale, the contractee is promptly notified by e-mail, or other means deemed appropriate by the company, that the contract has been concluded. Users who have made remittances are assumed to have understood and agreed to the estimate.
4.It is the responsibility of the contractee to research in advance any import regulations in their own country, and to report these to the company. Further, the contractee is responsible for paying all taxes assessed in their country.
5.It is the sole responsibility of the contractee to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (4) above, and the contractee will not hold the company liable in any instance whatsoever. Furthermore, the contractee is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.
Clause 12: Termination of Contract
1.Even where the contract has been concluded as described in (2) of Clause 11, the company reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the contractee has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the contractee.
2.In instances as described in (1) above, any funds remitted or payments made to the company will be returned to the contractee in full. Any bank fees arising as a result are paid by the user, and the company pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the user, and the company bears no such costs whatsoever.
Clause 13: Forwarding and Shipping
Once the contract has been concluded with the contractee and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the contractee will be promptly notified of shipping details as described in Clause 3 (notification).
Clause 14: Refunds
1.Refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on a contract for the payment concerned.
2.Refunds may also be given where both parties agree, even where no reasonable basis as described in (1) above is recognized.
3.Bank fees assessed on remittances related to refunds as described in (1) and (2) above are paid by the contractee, except where the company is largely responsible.
Clause 15: Transfer of Property Rights on Goods
1.The timing of transfer of property rights between the company and the contractee is governed by the International Commercial Terms (InCoTerms) set forth by the International Commercial Terms (ICC), as noted on the estimate at the time the contract is concluded (see Clause 11). Ownership of goods purchased under F.O.B. quote is transferred at the time they have passed the ship's railing, while that of goods purchased under the “C” terms (CIF, CFR, and C&I) is transferred when the goods pass the ship's railing provided the shipping documents have been issued. In other cases, transfer timing is determined by the company and the transferee based on individual circumstances.
2.Where the company and the contractee agree to conditions other than the above, their agreement takes precedence.
Clause 16: Transfer of Risk
1.The ICC's InCoTerms apply to the timing of transfer of risk on goods between the company and the contractee, as noted on the estimate at the time the contract is concluded (see Clause 11).
2.Where the company and the contractee agree to conditions other than the above, their agreement takes precedence.
Clause 17: Product Liability
Company sales are based on as-is condition at the time of sale. The company bears no liability whatsoever for problems, including failure and/or accidents, with contractee purchases of goods where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer (hereinafter referred to as “the manufacturer”). Further, the company holds no liability for damages so incurred by any third parties.
Clause 18: Defect Liability
1.As described in Clause 15, once property rights have been transferred, the company is in no way liable for damages incurred by the contractee, including defects or failure. Further, the company holds no liability for damages so incurred by any third parties.
2.The company and contractee may agree to conditions other than the above, in which case their agreement takes precedence.
Clause 19: Cost Burden
1.The company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the contractee or a third party. The contractee covers the cost burden required to resolve any such issues.
2.In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the company, the company will pay all repair and compensatory costs involved, regardless of the rules stipulated in (1) above.
3.The company and contractee may agree to conditions other than the above, in which case their agreement takes precedence.
Clause 20: Returns
1.Where a contract is concluded as stipulated above, the company will not allow for any returns once the goods or property rights on such goods have been transferred.
2.Exceptions to the above may occur where the company is largely responsible.
Chapter 3: Other Important Issues
Clause 21: Safeguarding User Information
The company will not dispose of or disclose information provided to the company by the user in requesting an estimate, as described in Clause 10, or information that becomes known to the company through the process of the user utilizing the service, except under the following circumstances.
1.Where the user agrees to the disclosure of limited personal information (user name, address, telephone number, e-mail address, etc.).
2.Where the company discloses statistics collected on personal information (the type of information where individual users are not specified) for the purpose of assessing trends in the use of the service.
3.Where disclosure is required by law.
Clause 22: Termination and Suspension of Service
The company may terminate or suspend operation of the service under the following circumstances:
1.For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a company system failure.
2.Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
3.Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
4.Under any other circumstances where the company deems temporary suspension necessary to the operation of the service.
5.The company will inform users in advance when operation of the service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
6.The company is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.
Chapter 4: Compensation for Loss
Clause 23: Exclusions
1.Except where otherwise specified in the Terms, the company is in no way liable for damages incurred by users or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or abolishment of the service, leakage or loss of information provided through registration with the service or other means, or damage otherwise incurred related to the service.
2.The above may not necessarily apply in cases where there is criminal intent or gross negligence on the part of the company.
3.The company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by users through the service.
4.The company makes no guarantees of proper operation of any user equipment or software.
5.The company is in no way liable for any disputes between users and third parties that may arise through use of the service.
6.In addition to the above, the user is liable for compensation of any damages incurred by the company as a result of his or her violation of the Terms, criminal intent, or gross negligence.