This Terms of Use (hereinafter referred to as the "Terms") shall apply to the overseas shipping agency service (hereinafter collectively referred to as the "Service") provided by IB Total Service Inc. (hereinafter referred to as the "Company") through the Company's website, and the relationship of rights and obligations between the users of the Service and the Company. In order to use the Service, you must read and agree to these Terms in their entirety.
Article 1 (Contents of the Service and Role of the Company)
User (as defined in the following Article) shall use the Service upon understanding and accepting the contents of the Service and the role of the Company as described in each item of this section.
- (1) In providing the Service, the Company may, at its discretion, outsource the implementation of part of the Service to Partner Companies, etc., and the User agrees in advance that the Company may outsource part of the Service to Partner Companies or other third parties. The Company shall not be obligated to disclose to the User information pertaining to the Partner Company, etc. to which the Company has consigned the implementation of this Service and the reason for such consignment.
- (2) The Company may change the contents of the products, services, and other information provided in the Service without prior notice.
- (3) Due to the nature of this service, it may not be possible to fully respond to all demands from users depending on the schedule of partner companies and other circumstances.
Article 2 (Definitions)
1. Definitions.
In this Terms of Use, the following terms shall have the following meanings, unless otherwise defined or the context requires a different interpretation.
- (1) "User" means an individual residing outside of Japan who agrees to the terms of this Agreement and uses the Service outside of Japan.
- (2) "Personal Information" shall mean the information provided accordance with the Act on the Protection of Personal Information (Act No. 57 of 2003, including subsequent amendments) including name, postal code, address, date of birth, gender, occupation, telephone number, account information, credit card information, usage history, and other information entered by the user that can be used to identify a specific individual (including information that can be easily cross-checked with other information to identify a specific individual).
- (3) "Intellectual property rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights, and in the case of copyrights, the right to use such rights in accordance with Articles 27 and 28 of the Copyright Act (Act No. 48 of 1970, including subsequent amendments).
- (4) "the Company's website" means the website operated by the Company with the domain name "[sendon.com](https://sendon.com/)" (if the domain name of the Company's website or its contents are changed, the website after such change shall be included).
- (5) "Partner Company" means an individual or corporation that has entered into a contract with the Company regarding the Service as an assistant for the Company to provide the Service to Users.
- (6) "Use of Service Agreement" means the agreement between the Company and the User regarding the use of the Service based on these Terms.
- (7) "User Information" means the personal information (defined in the following item) of the User or the person in charge of the User, which is obtained by the Company in relation to the Service.
- (8) "Account Information" means the email address, user ID, and password used by the User for the Service.
- (9) "Terms" means these Terms of Use, the Privacy Policy, and the Guide, all of which constitute these Terms.
- (10) "Privacy Policy" means the privacy policy (regardless of the name) established by the Company.
1. Application
The definitions in this article shall apply not only to these Terms of Use but also to the Privacy Policy and the Guide, unless otherwise defined or the context requires a different interpretation. In the event that the contents of these Terms of Use differ from the rules set forth in the preceding paragraph or other explanations of the Service outside of these Terms of Use, the provisions of these Terms of Use shall take precedence.
Article 3 (Handling of Personal Information)
1. The Company shall handle User information in accordance with the "Privacy Policy" separately stipulated for the provision of the Service, and Users shall agree to the Company's handling of User information in accordance with this "Privacy Policy."
2. When a user voluntarily discloses his/her own personal information on the Company's website, the user agrees in advance that the information may be viewed and obtained by a third party and that the Company shall not be liable for any damages incurred by the user as a result of the disclosure of such information.
Article 4 (Registration and Terms of Use of the Service)
1. User who wish to use this service (hereinafter referred to as "registration applicants") must agree to abide by these Terms of Use and provide certain information as specified by Company (hereinafter referred to as "Registration Items") may apply to the Company for registration to use the Service (hereinafter referred to as the "Registration Application"). The application for registration must be made by the person who wishes to register, and the person who wishes to register must provide the Company with accurate information regarding the registration matters.
2. The Company shall determine whether or not to register the applicant who has applied for registration in accordance with the preceding paragraph (hereinafter referred to as the "Applicant") in accordance with the Company's standards. If the Company approves the registration, the Company will notify the applicant of the decision. The registration of the applicant as a user shall be completed when the Company notifies the applicant in this section.
3. Upon completion of the registration stipulated in the preceding paragraph, the Service Usage Agreement shall be established between the User and the Company, and the User shall be able to use the Service in accordance with this Agreement. In the event that the User is a corporation, the Company may deem any and all acts of the User in relation to the use of the Service to be the acts of the User itself, or the acts of an officer or employee of the User who has the legitimate authority to act on behalf of the User, regardless of the recognition of such acts.
4. In the event that an applicant for registration falls under any of the following categories, the Company may refuse registration or re-registration, and shall not be obligated to disclose the reason to the applicant.
- (1) If there is a falsehood, error, or omission in all or part of the registration information provided to the Company.
- (2) If the applicant is under the age of 18.
- (3) If applicant is already registered as a user
- (4) If applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and you have not obtained the consent of a legal representative, guardian, curator, or assistant.
- (5) The applicant is a member of a crime syndicate, organized crime syndicate, right-wing group, criminal group, or other antisocial force or its equivalent (hereinafter referred to as "antisocial force, etc.").
- (6) In the event that the Company judges that the person has violated a contract with the Company in the past or is related to such a person.
- (7) In the event that the User has been subject to the measures stipulated in Article 14, Paragraph 1.
- (8) In the event that the User has interfered with or is likely to interfere with the Company's operation of the Service, its provision, or the use of the Service by other Users.
- (9) In any other cases where the Company deems registration to be inappropriate.
1. The Company shall not be liable for any damages incurred by the applicant due to the Company's rejection of the applicant's application for registration.
Article 5 (Management of Account Information)
1. Users are responsible for the proper management and storage of their account information at their own risk. The user may not allow any third party to use his/her account information, or dispose of it in any way, such as lending, transferring, changing the name, selling, or pledging.
2. Users shall be responsible for any damage caused by insufficient management of their account information, errors in use, or use by a third party, and the Company shall not be held responsible for any such damage.
3. In the event that the Company incurs damages due to the unauthorized use of account information caused by the user's negligence, the user shall be liable to compensate the Company for such damages.
4. In the event that account information is leaked to a third party, or there is a risk of such leakage, the user shall notify the Company to that effect without delay. In this case, the user shall cooperate with the Company as necessary in order to deal with the leak.
5. The User shall be obligated to change his/her password on a regular basis, and the Company shall not be liable for any damage caused by the User's failure to do so.
6. the Company shall not reissue user IDs and passwords unless specifically authorized by the Company.
Article 6 (Change of Registered Matters)
1. If there is any change in the registered matters, the User shall notify the Company of such change without delay by the method specified by the Company.
2. In the event that a User does not notify the Company of a change in the registered matters, the User may not claim the change in the registered matters to the Company, and the Company may treat the User as if there is no change in the registered matters. In addition, the Company shall not be liable for any damages incurred by the user as a result of this.
Article 7 (Withdrawal of Membership)
1. The User may withdraw from the Service and delete his/her registration as a User by notifying the Company in the manner prescribed by the Company.
2. If there are any debts owed to the Company when withdrawing from the membership, the User will naturally lose the benefit of time for all debts owed to the Company, and must immediately make payment of all debts to the Company.
3. The handling of personal information after withdrawal from the membership shall also be in accordance with the provisions of Article 3. The Company shall not be obligated to continue to retain the personal information and account information of users who have withdrawn from the service.
4. In the event of the death of a user, the Company shall deem that the user has withdrawn from the membership at that time, and the user ID and password shall no longer be available.
Article 8 (Cancellation of Registration, etc.)
1. In the event that a User falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the use of the Service, cancel the User's registration as a User, or terminate the Service Usage Agreement. In addition, in order to confirm the applicability of these reasons to a User, the Company may confirm the identity and facts of the User as it deems necessary, and may take necessary measures such as temporarily suspending the use of the Service for the User until such confirmation is completed. The Company shall not be obligated to disclose the reason to the User in the event that the Company takes the measures set forth in this section, and the User shall acknowledge this in advance.
- (1) In case of violation of any of the provisions of this Agreement.
- (2) When it is found that there is a false fact in the registered information.
- (3) In the event of suspension of payment or inability to pay, or in the event of a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings, or similar proceedings.
- (4) If the user has not logged in to the Service for more than one year.
- (5) If there is no response from the Company to inquiries or other communications requesting a response for more than 30 days.
- (6) In the event that any of the items in Article 5, Paragraph 4 apply.
- (7) In any other cases where the Company deems it inappropriate to use the Service, register as a user, or continue the Service Usage Agreement.
2. In the event that any of the events in the preceding paragraph applies, the User shall naturally lose the benefit of time for any and all debts owed to the Company, and shall immediately make payment of all debts to the Company.
3. The Company shall not be liable for any damages incurred by the User as a result of the Company's actions under this Article.
4. The Company shall not be obligated to continue to hold the personal information and account information of the User who is subject to the deletion of registration under this Article.
Article 9 (Contents of the Service)
1. The Service is a service in which the Company receives products purchased by the User through mail-order sales from sellers in Japan, and acts as an agent to deliver the received products to the User.
2. Our company shall not be a party to the sales contract with the seller, and our company shall not be responsible for any defects in the product, infringement of intellectual property rights, or any other problems with the product. However, this shall not apply if the User proves that the Product was lost or damaged while in the Company's custody.
3. The Company shall not be a party to any contract of carriage with a carrier for the Products, and the Company shall not be liable for any damage suffered by the User in connection with non-delivery, delay, damage, or other transportation due to a transportation accident. The User authorizes the Company to enter into a contract of carriage in the User's name.
4. The types, sizes, weights, amounts, destinations, and other conditions of the sellers who can use the Service, the carriers who can use the Service, and the products who can use the Service shall be limited to the range specified by us. The User shall not use the Service beyond the scope specified by the Company.
Article 10 (Products Prohibited from Using the Service)
The User shall not use the Service for the following products.
1. Cash, checks, bills, stock certificates, and other securities (including airline tickets, concert tickets, and other money orders)
2. Credit cards, cash cards, and other cards
3. A passbook of a financial institution or a card for withdrawing money from a savings account.
4. Items that do not include a trade name or other wording that makes it easy to determine that the recipient is the Company.
5. Correspondence or any means of communication defined as correspondence under current laws
6. Live animals and plants, dead animals, or stuffed animals
7. Human body or parts of human body, corpse, remains, tablets
8. Food, drink, or other items susceptible to alteration or decomposition
9. Stimulants, marijuana, narcotics, psychotropic drugs, and other prohibited drugs
10. Firearms, swords, arms, weapons, explosives, explosives, poisonous or deleterious substances
11. Medical supplies, medical equipment
12. Child pornography, adult videos and other obscene materials
13. Acquired by illegal methods or means
14. Items whose transportation, export, import, etc., is prohibited or restricted by the laws and regulations of the exporting country, state, or local government, including the transit country
15. Any other items which are not permitted under the Conditions of Carriage of a carrier
16. Other items that the Company deems inappropriate.
Article 11 (Fees and Payment for the Service)
1. The fees for the Service shall be in accordance with the fee schedule posted on the Service. The Company reserves the right to change the fees for the Service without prior notice. The weight of the products used as the basis for the fee schedule shall be based on the results of weighing by the Company.
2. The usage fee for this service includes one time shipping fee from our company to the user. If there are any other costs other than customs duties and shipping charges from the Company to the User (hereinafter referred to as "Special Costs"), the User shall be responsible for such costs. The User shall bear the actual cost of such costs. The Company shall not be obligated to pay the Special Expenses in advance.
3. the User shall pay the fees for the Service by the time and in the manner determined by the Company.
Article 12 (Notification of Product Orders)
Immediately after the purchase of a product, the User shall notify the Company of the information necessary for the shipment of the product in an accurate manner.
Article 13 (Inspection)
1. The Company may open the package and inspect the contents of the Product. However, the Company shall not be obligated to inspect the Product, and the results of the inspection shall not guarantee the quality, existence of defects, authenticity, or non-compliance with the relevant laws and regulations of the country of shipment, transit, or destination.
2. In the event that the Company discovers any item that violates or is likely to violate the Act on Prevention of Transfer of Criminal Proceeds or any other law or regulation during the inspection set forth in the preceding paragraph, the Company may report the matter to the police or other relevant governmental authorities and take measures such as submitting the item.
3. The Company shall not be liable for any damages incurred by the User as a result of the inspection of the goods or other measures stipulated in this article.
Article 14 (Refusal to Provide the Service)
The Company may refuse to provide the Service even if the User has accepted the Service for any of the following reasons or the possibility of such reasons
1. The Product is a Product as defined in Article 10 of these Terms of Use.
2. When the location of the User or the address to which the Products are to be shipped cannot be confirmed.
3. When the information to be sent to the address when we receive the order in Japan is not the trade name and address, etc. shown on the My Page specified by us.
4. When a product is purchased by a payment method that we cannot accept, such as cash on delivery.
5. When the user refuses to accept the product.
6. When the shipping company does not provide transportation of the product.
7. When the user does not give the notice specified in Article 12 of this Agreement.
8. When the information of the Goods notified by the User in accordance with Article 12 of these Terms and Conditions is different from the Goods received by the Company, or when the notification in accordance with Article 12 of these Terms and Conditions is inaccurate.
9. When the goods are seized by customs.
10. When the User does not pay the fees for the Service.
11. When a user violates the Terms of Use.
12. When the Company otherwise deems inappropriate.
Article 15 (Disposition of Non-Deliverable Goods)
1. Upon receipt of a Product as specified in Article 10 of these Rules, the Company may immediately dispose Product.
2. In the event that any of the reasons set forth in the preceding Article (excluding (1)) and if the Company has already received the Product, the Company shall retain the Product for 120 days from the date of receipt.
3. In the event that the User resolves all of the reasons stipulated in the preceding Article within the period of time set forth in the preceding paragraph, the User may instruct the Company to ship the Product to the User's address or to use a method specifically approved by the Company.
4. If the User does not resolve all of the reasons stipulated in the preceding article within the period stipulated in Paragraph 2, the Company may sell or otherwise dispose of the Product.
5. If the Company sells said Product pursuant to the preceding paragraph, the Company may appropriate the proceeds to the costs required for storage and disposal of the Product, usage fees for the Service, and other expenses.
6. If there is any remaining balance due to the disposition described in the preceding paragraph, the Company shall pay such balance by remitting it to the account designated by the User within ten (10) days from the date the balance is fixed or the date the User designates the account, whichever is later. The User shall bear the remittance fee.
7. The remaining amount in the preceding paragraph shall not bear any interest.
8. The Company shall not be liable for any damages incurred by the User as a result of the disposition of the Product as set forth in this Article.
9. Notwithstanding the provisions of this Article, the Company may take procedures under the Civil Execution Law.
Article 16 (Change and Termination of the Service)
1. The Company may change the contents of the Service or terminate the provision of the Service at the Company's convenience. In the event that the Company terminates the provision of the Service, the Company shall notify the User in advance.
2. The Company shall not be liable for any damages incurred by the User as a result of measures taken by the Company in accordance with this Article.
Article 17 (Interruption or suspension of the Service)
1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the User in the event of any of the following events
- (1) When there is an urgent need to inspect or maintain the computer system for this service.
- (2) In the event that the Company's computers, communication lines, or other facilities necessary for the provision of the Service become unavailable due to an accident, etc.
- (3) When the operation of the Service becomes impossible or extremely difficult due to an earthquake, lightning, fire, windstorm, flood, power failure, natural disaster, etc.
- (4) In the event that the provision of the Service becomes impossible or extremely difficult due to war, disturbance, riot, disturbance, labor dispute or other force majeure.
- (5) In the event that the provision of this service becomes impossible or extremely difficult due to laws, regulations, or orders issued in accordance with such laws, regulations, or orders.
- (6) In any other cases where we deem it necessary to suspend or discontinue the Service.
1. In no event shall the Company be liable for any damages incurred by User as a result of any action taken by us in accordance with this Article.
Article 18 (Prohibited Matters)
In the process of using the service, users shall not engage in any of the following acts.
(1) Acts that violate laws and regulations or are related to criminal acts.
(2) Actions that are offensive to public order and morals.
(3) Fraudulent or threatening acts against our company, partner companies, other users of this service, or other third parties.
(4) Acts that infringe or may infringe the intellectual property rights, portrait rights, privacy rights, honor rights, or other rights or interests of the Company, Partner Companies, other users of the Service, or other third parties (including but not limited to copying, public transmission, distribution, translation, adaptation, reprinting, or reuse of all or part of the contents of the Service).
(5) Acts that fall under the following through the Service
- (a) Infringes the intellectual property rights, portrait rights, privacy rights, honor rights, or any other rights of a third party.
- (b) Acts that violate laws and ordinances or public order and morals (including, but not limited to, acts that contain obscene or cruel expressions, or expressions that may be misunderstood as paper money or securities).
(6) Acts that place an excessive load on the network or system of the Service.
(7) Acts that may interfere with the operation of the Service or acts that may damage the reputation of the Company or the Service.
(8) Any act that may interfere with the operation of the Service or any act that may damage the reputation of the Company or the Service.
(9) Any action that modifies the user interface or software of the Service provided by the Company.
(10) Act of impersonating a third party.
(11) Act of collecting information on other users of the service
(12) Causing disadvantage, damage, or discomfort to this company, partner companies, other users of this service, or other third parties
(13) Actions that violate these Terms of Use, including the rules for using this service posted on our website.
(14) Any act that further interferes with the provision of the Service by Partner Companies.
(15) Providing benefits to antisocial forces, etc.
(16) Acting on behalf of anti-social forces, etc., receiving requests from these parties, or using this Service under the instructions or requests of these parties in effect.
(17) Using the information provided by the Company as the delivery address for products for any purpose other than the delivery of products.
(18) Any act that directly or indirectly causes or facilitates any of the above acts.
(19) Any other acts that the Company deems inappropriate.
Article 19 (Liability for Damages)
1. In the event that a User causes damage to the Company, another User, a partner company, or any other third party by violating these Terms of Use or in connection with the use of the Service, the User shall be liable for all damages, including compensation for damages, to the person who suffered the damage, regardless of whether or not the User was intentional or negligent. In addition, if such an act is committed by more than one User, the User shall be liable for all damages. In the event that the said act is committed by multiple users, the users who committed the said act shall be jointly and severally liable for compensation for the said damage.
2. In the event that a User receives a complaint from another User or other third party, or has a dispute with such a third party in relation to the use of the Service, the User shall immediately notify the Company of the details of the complaint, handle the dispute at its own expense and responsibility, and notify the Company of the results.
3. The Company shall not be liable to compensate for any damages incurred by the User in connection with the provision or use of the Service, except in cases where the Company is willfully or grossly negligent. In addition, even in the event that the Company is liable to compensate for such damages, such liability shall be limited to the amount of consideration paid by the User to the Company for the individual contract that caused such damages, and the Company shall not be liable to compensate for incidental damages, indirect damages, special damages, future damages, or damages for lost profits.
Article 20 (Changes of the Terms)
The Company reserves the right to modify this Agreement as necessary. In the event that the Company changes the Terms, the Company shall specify the effective date of such changes and notify the User of such effective date and the details of such changes on the Company's website. In the event that the User does not use the Service after the said effective date, or does not take the procedure for cancellation of registration within the period of time specified by the Company, the User shall be deemed to have agreed to the changes to this Agreement, and the said changes to this Agreement shall apply.
Article 21 (Contact, Notification)
Inquiries about the Service and other communications or notifications from the User to the Company, as well as notifications regarding changes to the Terms and other communications or notifications from the Company to the User, shall be made in the manner determined by the Company.
Article 22 (Severability)
Even if any provision of these Terms and Conditions, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision that is determined to be invalid or unenforceable shall continue to be in full force and effect. The Company and the User shall endeavor to modify such invalid or unenforceable provisions or portions thereof to the extent necessary to make them legal and enforceable, and to ensure that the intent of such invalid or unenforceable provisions or portions thereof, as well as their legally and economically equivalent effect, is achieved.
Article 23 (Language)
The Japanese version of this Agreement shall be the original text. Even if the Terms are translated into English or any other language for reference purposes, only the Japanese version of the Terms shall be effective as the Terms, the Service Use Agreement, and the Individual Agreement, and the translated version shall have no legal effect whatsoever.
Article 24 (Entire Agreement)
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained herein and supersedes all prior agreements, representations and understandings, whether oral or written, between such parties with respect to the subject matter contained herein.
Article 25 (Matters not stipulated in this Agreement)
In the event of any matter not provided in this Agreement or any question arising from the interpretation of this Agreement, the Company and the User shall promptly resolve the matter through consultation in accordance with the principle of good faith.
Article 26 (Governing Law and Jurisdiction)
1. The Terms, Service Use Agreement, and Individual Agreements shall be governed by the laws of Japan.
2. The Tokyo District Court shall be the exclusive court of first instance for any and all disputes arising out of or related to these Terms of Use, Service Use Agreements, and Individual Agreements.