1. Application
- This Terms of Use Agreement (hereinafter referred to as the "Agreement") governs the relationship between you and SPACER Corporation (hereinafter referred to as the "Company") regarding the use of the application software called "Locker App" (hereinafter referred to as the "App") and the services provided through the lockers linked to the App (hereinafter referred to as the "Lockers") (hereinafter referred to as the "Services").
- When you use the Service, you agree to be bound by these Terms and Conditions as the contents of the agreement between you and the Company regarding the use of the Service (the "Agreement").
- You shall use the Service in compliance with the Company's instructions on how to use the Service and how to use the Locker.
2. Service Contents
- The contents of this service are as follows
- Products, etc. (the "Products") from a business registered with the Service (the "Business") to be received at the locker designated by the Business.
- The delivery of items necessary to receive services from the Operator ("Operator Services") from the Operator ("Deliverables") at the Locker designated by the Operator
- The Company shall not be a party to any transaction between you and the Operator regarding the Products or the Operator Services or the Deliverables, and any and all matters relating to transactions regarding the Products and the Operator Services and the Deliverables shall be resolved between you and the Operator.
3. Usage environment
- Customers are requested to use the Service in a communications-enabled environment after preparing the terminals necessary to use the Service on their own.
- In the event of loss, theft or other accidental damage to your terminal, please contact us immediately.
4. Registration
- Before using the Service, you must agree to the Terms and Conditions and register the information specified by the Company ("Account Information") and complete the registration process specified by the Company.
- You must register true and accurate information as your account information. If any of your registered information changes, please immediately register the changed information in a manner determined by us.
- In the event that the Company's notice to you is delayed or fails to arrive because the account information currently registered with the Company is not true, accurate and up-to-date, the notice shall be deemed to have arrived by the time it would normally have arrived based on the account information registered at the time the Company issued the notice.
5. receipt of the Goods or the Deliverable
- You must pick up the Product or the Deliverable (the "Product, etc.") at the Locker designated by the Operator within one hour from the "pickup date and time" displayed on the Application (the "pickup deadline").
- You agree in advance that when the due date for receipt has passed, you shall be deemed to have waived your ownership and other rights with respect to the Products and that the Company may collect the Products from the Locker and dispose of them, including disposal.
- If there is a risk that the customer will not be able to receive the Products, etc. at the Locker by the Due Date, the customer may apply for an extension of the Due Date in a manner determined by the Company before the Due Date elapses. In this case, the Company will approve the extension of the time limit for receipt only when there is no plan to use the same Locker after the time limit for receipt at the time of such application. If the application is approved, the customer shall separately pay the extension fee as notified by the Company at the time of the application.
- If there is a risk that you will not be able to receive the Products, etc. at the Locker by the due date (or the extended due date stipulated in the preceding paragraph) (or if the extension stipulated in the preceding paragraph is not approved), please contact us immediately in a manner determined by us. In such a case, if it is necessary for us to collect the Products from the Locker and ship them to you, you will be responsible for any costs incurred by us in doing so.
6. Delivery of the Deliverables to the Entity
- When you deliver the Deliverable to the Service Provider at the Locker, please specify your preferred Locker from among the Lockers designated by the Service Provider displayed on the Application and deposit the Deliverable in such Locker in accordance with the method specified by us.
- If there is a possibility that the Operator has not removed the Deliverable from the Locker in which the Customer deposited the Deliverable in accordance with the preceding paragraph, please contact us in a manner determined by us.
7. Prohibited items
You shall not engage in any of the following acts that we deem to fall under, or to be likely to fall under, any of the following items.
- Use of this service despite being an antisocial force
- Use of the Service for illegal or unauthorized purposes
- (iii) Use of the Service despite having received a suspension of use or termination of this Agreement from the Company
- (iii) Acts of using the Service by impersonating a third party.
- Allowing a third party to use your terminal or account information
- Registering or reporting information that is not true
- Using this locker without following the method specified by the Company
- Any action that may cause loss or damage to the Locker.
- Violating the terms and conditions set forth in the transaction with the Operator for the purchase of the Goods or the provision of the Operator's Services or the delivery of the Deliverable
- Use of computer viruses or other harmful programs
- Unauthorized access to systems related to the Service, such as this Application
- Unauthorized acquisition or falsification of information on the system related to the Service, such as this Application
- (iii) Actions that place an excessive burden on servers, equipment, etc. related to this service or otherwise interfere with the provision of this service.
- Reverse engineering, decompiling, disassembling, analyzing, altering, modifying, reproducing, secondary use, or similar acts related to software related to this service such as this application
- Acts that infringe on the rights, interests, etc. of the Company, the Service Provider, or third parties
- Interfering with the business or other activities of the Company, the Service Provider, or any third party
- Criminal or criminal acts or acts connected therewith
- Acts contrary to laws and regulations or public order and morals
- Acts that induce or encourage acts falling under any of the preceding items
- Other acts that violate these Terms and Conditions
8. Suspension of Use, etc.
If a customer falls under any of the events listed in each item of 7 (Prohibited Matters) above, or commits any act that the Company deems likely to be the case, the Company may immediately suspend use of the Service or take any other necessary action.
Temporary suspension or limitation of service provision
The Company may temporarily suspend or restrict the provision of all or part of the Service without prior notice to the customer in the event of any of the following events
- When it is necessary to perform maintenance, inspection, repair, update, or other necessary work on the system or other equipment related to this Locker, this Application, or this Service
- When necessary to avoid malfunctions, failures, or defects in this Locker, this Application, systems or other equipment related to this Service, or servers, etc.
- In the event of an accidental shutdown of computers, communication lines, etc.
- (iii) When it becomes difficult to provide the Service due to earthquakes, lightning, fire, power outages, natural disasters, infectious diseases, communication failures, or other reasons beyond the Company's control.
- In the event of unauthorized access, attacks, or fraudulent acts by a third party
- Other cases in which the Company deems it necessary
10. Intellectual Property Rights
Intellectual property rights and other rights to all Content comprising the Service, including this Application, shall belong to the Company or third parties that own such rights, and you may use such Content only to the extent that you use the Service in accordance with the method determined by the Company.
11. Change or termination of services
- The Company may, at any time, change all or part of the contents of the Service (including the functions of the Application). The Company may, at any time, change all or part of the contents of the Service (including the functions of the Application).
- When the Company terminates the provision of the Service, it shall notify the customer in advance of such termination or make it known to the customer by posting on its website or by other means. When the Company terminates the provision of the Service, this Agreement shall be deemed terminated. In such case, this Agreement shall cease to be effective only prospectively.
12. Release
If the customer violates any provision of this Agreement, the Company may immediately terminate this Agreement.
13. Exclusion of Antisocial Forces
- (ii) "Anti-Social Forces" means Boryokudan (organized crime groups), Boryokudan quasi-constituents, Boryokudan-affiliated companies, general assemblymen, etc., social activists, special intelligence groups, and persons having socially reprehensible relationships with these persons, as well as persons who are equivalent to these persons.
- You represent and warrant to us that you are not an anti-social force, now or in the future.
- If you breach any of the representations and warranties set forth in the preceding paragraph, we may immediately terminate this Agreement.
14. Residual Clauses
Even after the termination of this Agreement, 4 (Registration) (3) above, 5 (Receipt) (2), (3) second sentence and (4) second sentence above, 10 (Intellectual Property Rights) above, 15 (Non-warranty and Disclaimer) below, 17 (Prohibition of Transfer of Contractual Status) below, 20 (Severability) below, and 21 (Governing Law and Exclusive Jurisdiction) below shall remain shall remain in full force and effect.
15. Non-warranty and Disclaimer
- The Company shall not guarantee any of the following items.
- No bugs, errors, system failures, or other defects in the operation of this Application and this Locker.
- That there are no security flaws, computer viruses, unauthorized access, or other damage to this application or other systems related to this service.
- The legality, accuracy, completeness, currentness, reliability, usefulness, appropriateness, and other matters of the Service.
- That the content of this service meets the customer's quality expectations
- The Company shall not be liable for any of the following damages incurred by the customer due to any of the following reasons
- Matters relating to transactions between the Customer and the Operator concerning the Products or the Operator's Services or the Deliverables
- Customer's violation of these Terms and Conditions.
- (iii) The Company has taken measures such as suspension of use against the customer in accordance with the provisions of these Terms and Conditions.
- (iii) the Company has temporarily suspended or restricted the provision of all or part of the Service in accordance with the provisions of these Terms of Use
- (iii) the Company has changed the contents of the Service in accordance with the provisions of these Terms of Use
- (iii) the Company terminates provision of the Service in accordance with the provisions of these Terms of Use
- (iii) the Company terminates this Agreement in accordance with the provisions of this Agreement.
- (ii) for reasons not attributable to the Company's willful misconduct or gross negligence
- In the event that the Company is liable to you for damages, the scope of such liability shall be limited to ordinary damages directly and actually incurred by you, except in the case of intentional or gross negligence on the part of the Company, and shall be limited to 30,000 yen.
16. Handling of Personal Information
We will handle personal information obtained from customers appropriately in accordance with our privacy policy.
Prohibition of Assignment of Contractual Status, etc.
- You shall not assign or otherwise dispose of your position under this Agreement or your rights or obligations under this Agreement to any third party.
- In the event that the Company transfers the business pertaining to the Service to a third party, the Company may transfer to such third party the status under the Agreement, rights and obligations under the Agreement, customer account information, and other information registered by the customer in connection with the customer's use of the Service, in connection with such transfer of business. The customer shall consent to such transfer in advance without objection.
18. Modification of Terms of Use
- The Company may modify all or part of the Terms and Conditions at any time.
- Whenever the Company amends these Terms of Use, the Company shall publicize the fact that these Terms of Use are being amended, the contents of the amended Terms of Use, and the effective date of the amendment in a manner determined by the Company.
- Your use of the Service after any modification of these Terms and Conditions shall be deemed to constitute your agreement to such modification.
19. Contact us
Inquiries related to the Service to the Company by customers shall be made through the Application or by any other method determined by the Company.
20. Separability
Even if any part of this Agreement, including this Agreement, is determined to be invalid by a court decision or otherwise, only such part shall be invalid and the other parts shall remain in full force and effect.
21. Governing Law and Exclusive Jurisdiction
- This Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of Japan.
- Any litigation relating to this Agreement, including this Terms and Conditions, shall be brought to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Date of enactment September 30, 2022