Conditions of Use
In the contract, your rights and obligations in using this service are stipulated.
By clicking the "Agree and register for membership" button, you agree to all terms of this agreement.
Article 1 (Definition of Terms)
The terms used in this GOS User Policy shall be defined as follows:
(1) Products shall mean products supplied by Gaura or introduced by its agents.
(2) Outright Sales Products shall mean products that are sold in a manner where the sales transaction is completed and paid in full amount each time.
(3) End User shall mean individuals, corporations and other organizations that place orders to purchase products.
(4) End User Account shall mean the unique identification used for access authentication such as a login ID issued by GOS.
(5) End User Password shall mean the unique identification used for access authentication that is required when the user checks its account.
Article 2 Revision of the GOS User Policy
1. Gaura may revise the content of its User Policy without notifying the End Users in advance. When such revision is made, the content of the revision shall be posted promptly on GOS.
2. Gaura has the duty to confirm the latest content of the GOS User Policy on a regular basis, and it is prohibited to make claims of ignorance in regards to the revisions made in the GOS User Policy.
3. Gaura shall bear absolutely no responsibility whatsoever, regarding any damages, whether direct or indirect, foreseeable or not foreseeable, incurred by the End User that arose in relation to the revision of the GOS User Policy.
Article 3 (Handling of Personal Information)
Before using GOS, the End User shall accept and agree to the content of the “Handling of Personal Information in the GAURA Online Store” set forth separately by Gaura.
Article 4 (Service Territory)
Territories where products on GOS can be sold and supplied are limited to Japan and the United States of America.
Article 5 (Sales of Products by Third Parties)
Products sold on GOS may be sold by a third party other than Gaura, in which case, Gaura shall have no responsibility whatsoever, and shall not guarantee such third party’s actions and products therein sold.
Article 6 (GOS Usage Application)
Anyone who wishes to use GOS shall read and agree to the GOS User Policy, and shall apply for use of GOS following Gaura’s prescribed procedure.
However, if the End User is a minor, such minor will not be able to use GOS without the consent of his/her parent or guardian.
Article 7 (Acceptance of GOS Usage Application)
The GOS usage agreement shall be deemed as concluded when the End User completes the usage application in accordance with the foregoing article and Gaura sends an email to the email address registered by the End User notifying that such application has been accepted by Gaura.
Article 8 (Denying Acceptance of the Usage Application and Termination of the Usage Agreement)
Gaura may not accept the usage application if such application falls under any of the following items. Further Gaura shall have the right to immediately terminate the usage agreement, even if the usage agreement has been concluded, in the event it becomes apparent that it falls under any of the following items.
(1) It becomes apparent that there was falsification in the usage application.
(2) It becomes apparent that, in the past, the applicant has had its usage agreement terminated due to unauthorized use etc., or its usage of GOS is being suspended.
(3) If Gaura determines that concluding the usage agreement and allowing continued usage would cause technical issues or cause major obstacles for Gaura to conduct its operations.
Article 9 (Management of End User Accounts and End User Passwords)
Gaura shall determine the identity of the End User only through the End User Account and End User Password, and the usage of GOS through this End User Account and End User Password shall only be done by the relevant End User.
1. End User shall not lend or transfer its account and password to any third party, and it is prohibited to share an account and password with such third party.
2. End User shall be responsible for managing its account and password and End User shall bear all responsibility in the event the End User incurs any damages arising from unauthorized usage etc. by a third party and shall not hold Gaura responsible in any way.
3. In the event End User causes damages to a third party or Gaura, which damage arises from or is related to the use of its own account and password, End User shall be liable to compensate for such damages with its own expenses.
Article 10 (Changes to the Content of the Usage Application)
In the event there is a change to the content registered at the time the End User made the GOS usage application, End User shall promptly take procedures to change the content through the functions available on GOS.
Article 11 (Termination of the Usage Agreement by the End User)
End User shall be able to terminate the usage agreement by notifying Gaura in accordance with the method designated by Gaura by the 10th day of the month prior to the month End User wishes to terminate the usage agreement.
Article 12 (Termination of the Usage Agreement by Gaura)
Gaura shall have the right to suspend End User from using GOS and terminate the usage agreement without any notification and shall bear absolutely no responsibility if End User falls under one of the categories below. In such event, Gaura shall bear absolutely no responsibility whatsoever for the termination and End User shall lose all benefits of time for debt payment and repay the full debt immediately.
Article 12-2 (Termination of the Usage Agreement by Gaura)
(1) When a provisional seizure, provisional disposition, compulsory execution, auction etc. is filed against the End User, or the End User receives a notification set forth in article 2 of Act on Contract for Establishment of Security Interests by Use of Provisional Registration, a disposition to suspend transactions with a clearinghouse, a disposition for failure to pay taxes and public charges and other unpaid taxes, or when circumstances that would give rise to such filing, disposition or notification arises.
(2) When End User stops payments, defaults or becomes insolvent or bankrupt, or circumstances for insolvency proceeding (includes proceeding that have been revised or enacted after the GOS User Policy has been concluded) such as rehabilitation procedures or civil rehabilitation proceedings arises, or when such procedures have been filed against or voluntarily filed by the End User.
Article 12-3 (Termination of the Usage Agreement by Gaura)
(3) When End User has conducted an act that violates the GOS User Policy.
(4) Other instances where Gaura determines that it is inappropriate for such End User to continue using GOS.
Article 13 (Termination of a Sales Agreement)
In the event the usage agreement is cancelled or terminated in accordance with Article 11 or 12, all sales agreements concluded between the End User and Gaura set forth in the GOS sales rules shall also be cancelled or terminated simultaneously in accordance with the provisions for cancellation or termination set forth in the GOS sales rules.
Article 14 (Discontinuation and Suspension of GOS)
In the event of Acts of God, disturbances in the communication system, regular or emergency GOS maintenance, technical failures, disputes with third parties, or when changes etc. to GOS’s operating policy arises, or in other instances where Gaura so determines as necessary, services provide by GOS in whole or in part shall be able to be discontinued or suspended. In such event Gaura shall notify of such discontinuation or suspension as well as when it plans to resume operations, in advance or after the occurrence of discontinuation or suspension without delay, in a manner prescribed by Gaura.
Article 14-2 (Discontinuation and Suspension of GOS)
1. Gaura may, by notifying End User in a manner prescribed by Gaura, terminate GOS in whole or in part.
2. In the event Gaura discontinues, suspends, stops or changes GOS in accordance with this Article, Gaura shall bear no responsibility whatsoever against the End Users or other third parties.
3. In the event there is a delay, or discontinuation, suspension etc. of GOS due to unavoidable reasons such as unforeseen accidents, Gaura shall bear absolutely no liabilities for any damages.
Article 15 (Prohibited Matters)
When using GOS, End User shall not conduct the following acts.
(1) Using GOS for purposes other than personal use such as for profit or other illicit purposes, or using GOS for business.
(2) To reapprove to a third party, rights based on the GOS User Policy
(3) Using GOS outside of Japan.
(4) Illegally obtaining, using or allowing the use of an account and password.
(5) Acts that infringe or have the threat of infringing on the intellectual property such as copyrights and trademarks and any and all other rights of Gaura or a third party that are used in relation to GOS.
Article 15-2 (Prohibited Matters)
(6) Acts that cause issues or prevent GOS from providing its services such as sending harmful computer programs such as computer viruses and spam emails.
(7) Encouraging criminal acts or taking actions that would lead to other criminal acts.
(8) Defaming Gaura or a third party and damaging its reputation and credibility.
(9) Accessing Gaura or a third party’s equipment etc. without authorization and taking acts that hinder or threaten to hinder the use or operation of such equipment etc.
(10) Other acts that Gaura determines based on reasonable grounds, to be inappropriate and unsuitable.
(11) In addition to the foregoing items, any acts that violate laws and regulations, the GOS User Policy, are contrary to public order or morality, acts that hinder the operation of GOS, or acts that adversely affect Gaura or a third party.
Article 16 (Prohibition to Transfer Rights and Obligations)
End User shall not, for any reason, be able to transfer, establish a pledge or otherwise provide as collateral, all rights and obligations that arise from the GOS User Policy and all other agreements incidental or relating to the GOS User Policy.
Article 17 (Disclaimer)
1. End User shall use GOS on its own judgement and responsibility in accordance with the GOS User Policy. In the event one End User causes damages to other End User(s) or a third party, and such other End User(s) or third party files a claim or lawsuit to Gaura, the End User that caused damages shall resolve the claim or lawsuit with its own expenses and responsibility and shall indemnify Gaura from any and all responsibilities and liabilities whatsoever.
2. In the event End User violates prohibited actions set forth in the GOS User Policy and regardless of the reason, causes damages, Gaura shall bear absolutely no responsibility whatsoever.
Article 18 (Ownership of Intellectual Property Rights)
Ownership of copyrights, patents, trademarks, know-how etc. relating to all text, graphics etc. posted on GOS (collectively referred to as “Documents”) as well as all other intellectual property rights shall belong exclusively to Gaura or such third party that has licensed such right to Gaura.
Unless approval is expressly stated on GOS, End User shall not be allowed to download, upload, copy, reproduce, edit etc. the Document without the prior written approval of Gaura.
Article 19 (Scope of Responsibility)
1. Gaura shall make no guarantee in relation to the safety, accuracy, reliability, validity etc. of GOS as well as suitability to End User’s specific purpose in relation to GOS.
2. In the event a defect such a bug in the GOS program or other defects are discovered, Gaura shall promptly fix such defect and work on improvements.
However, End User shall agree that Gaura does not have the duty to fix or improve such defects in the program.
3. Unless expressly stated otherwise in the GOS User Policy, Gaura shall bear no responsibility for any damages incurred by End User due to reasons not attributable to Gaura, for any damages regardless of Gaura’s foreknowledge, arising from special situations, lost profits, for any damages due to a damage claim filed against End User, or for any other damages.
Article 19-2 (Scope of Responsibility)
4. In the event GOS is not able to provide services due to Acts of God, natural calamities, wars, civil war and other inevitable situations, Gaura shall bear absolutely no responsibility whatsoever.
5. Regardless of the reason, in the event information entered on GOS by the End User is lost and due to such loss, such End User incurs damages, Gaura shall bear absolutely no responsibility whatsoever.
Article 20 (Eliminating Anti-Social Forces)
1. End User agrees to affirm the following items.
(1) End User is not a gang member, gang member related corporation, a professional troublemaker at shareholders meetings, or a member of or equivalent to such organizations.
(2) No executives of End User (employees who execute business, directors, executive officers or equivalent positions) are anti-social forces.
(3) Until GOS stops providing services, based on the GOS User Policy, End User itself or through a third party, shall not conduct the following acts.
(A) Engage in threatening behavior or speech or use violence against Gaura.
(B) Hinder Gaura’s business by fraud or power, or conduct acts that discredit the business.
2. In the event it becomes apparent that End User has violated the commitments set forth in the preceding clause, Gaura shall be able to terminate the GOS user agreement without notification.
Article 21 (Governing Law)
This GOS User Policy is governed by and shall be construed in accordance with the laws of Japan.
Article 22 (Exclusive Jurisdiction)
The Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes arising relating to the GOS User Policy.
Established May 15th 2018
Gaura Co., Ltd
