Article 1. Applicable Scope
- These Terms shall apply to any and all relations between Users and RCG with respect to the use of the Services.
- RCG may set out particular provisions, such as rules for use(the “Special Provisions”) in addition to these Terms, in relation to the Services. The Special Provisions constitute part of these Terms.
- If any of the provisions of these Terms are in conflict with any provision of the Special Provisions, unless otherwise provided in the Special Provisions, the provisions of the Special Provisions shall prevail.
Article 2. Registration to Use the Services
- Registration to use the Services will be completed after an applicant has consented to these Terms and made an application for registration in a manner specified by RCG.
- If RCG determines that any of the following applies to a registration applicant, RCG may not approve the application for registration and shall have no obligation whatsoever to disclose the reason therefor:
- the applicant has filed false information when making an application for registration;
- an application has been made by a person who has breached these Terms; or
- RCG has otherwise determined that it is not appropriate to allow the registration.
The Japanese text is the original of these Terms, this Japanese version will prevail over any other language versions.
Article 4. Member ID and Password Management
- Users shall properly manage their Member IDs and passwords for the Services at their own responsibility.
- Users may not, under any circumstances, transfer or lend their Member IDs or passwords to any third party or share them with any third party. In the event of a login in using a combination of a Member ID and password that matches the registered information, RCG shall deem such login to be login by the Member who has registered such Member ID.
- RCG shall not be liable for any damage incurred as a result of the use of Member ID and password by a third party.
Article 5. Sales contract
- After we receive an order from Users for the purchase of the goods offered by the Service, as a general rule, a contract concerning the order shall be concluded when we send out a notice of consent. Title to the goods shall pass to Users at the time when the goods are handled over to shipping agents from member stores.
- If Users constitutes any of the following items, RCG may terminate the sales contract as provided for in the preceding paragraph, without prior notice to Users:
- Users has violated the Terms.
- Delivery of the product cannot be completed due to an unknown address or long-term absence.
- Engagement in conduct which RCG judges to harm the User's mutual trust with RCG.
- The payment method, delivery method, cancellation method, and return method of the goods, etc. related to the Service shall be determined separately by our company.
Article 6.(Deferred payment）
- Users can use the deferred payment service of purchased goods offered by “Paidy” （https://paidy.com/）as designated by RCG.
- Users who use deferred payment in the preceding paragraph shall make payment according to procedures being notified from Paidy.
Article 7.（Intellectual property rights）
The copyright or other intellectual property rights regarding photos and other contents (hereinafter referred to as "Content") provided by the Service shall belong to RCG and legitimate right holders such as content providers, and users These may not be reproduced, reprinted, modified, or otherwise used for the other purposes than those agreed under these Terms without permission.
Article 8. Prohibited Acts
When using the Services, Users shall not:
- act in breach of laws and regulations or in a manner that is inconsistent with public order and good morals;
- engage in any act related to criminal conduct;
- infringe copyrights, trademark rights or any other intellectual property rights contained in the Services, such as the content of the Services;
- break or interfere with the functions of the servers or networks of RCG
- use the information obtained from the Services for commercial purposes;
- engage in any act that may interfere with the operation of RCG’s services;
- gain unauthorized access or attempt to do so;
- collect or accumulate personal information, etc. of other Users;
- impersonating another User
- directly or indirectly provide benefits to anti-social forces in relation to RCG’s services; or
- otherwise engage in any act which RCG determines to be inappropriate.
Article 9. Suspension of Provision of the Services
- If RCG determines that any of the following events has occurred, it may cease or discontinue the provision of the Services, in whole or in part, without prior notice to Users:
- maintenance and inspection or update of the computer system for the Services;
- any force majeure event, such as earthquake, lightning, fire, power failure, or natural disaster;
- when computers, communications lines, etc. are unavailable due to an accident; or
- when RCG has otherwise determined that it is difficult to provide the Services.
- RCG shall not be liable for any disadvantages or damage incurred by Users or any third party as a result of suspension or discontinuance of the provision of the Services.
Article 10. Restrictions on Use and Deregistration
- If a User constitutes any of the following items, RCG may restrict the use of the Services by such User, in whole or in part, or deregister the User, without prior notice to the User:
- the User has breached any of the provisions of these Terms;
- it is found that the User’s registered information contains false information;
- the credit card notified by the user as a payment method has suspended
- the User has failed to perform its obligations to pay fees, etc.;
- no response has been made by the User to communication from RCG for a certain period of time;
- the Services have not been used by the User for a certain period of time since they were last used; or
- RCG has otherwise determined that it is not appropriate for the User to use the Services.
- RCG shall not be liable for any damage the User may incur as a result of the measures taken by RCG pursuant to this Article 10.
Article 11. Termination of Usership
Users may terminate their Userships for the Services according to the Usership termination procedures specified by RCG.
Article 12. Disclaimer and No Warranty
- RCG makes no warranty, whether express or implied, that the Services are free of factual or legal defect (including any failure in safety, reliability, accuracy, completeness, validity, or fitness for any particular purpose, and defects in security, errors and bugs, and infringement).
- Except when due to willful misconduct on the part of RCG, RCG shall not be liable for any damage incurred by Users arising from the Services. However, if the agreement (including the Terms) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied. In this case, RCG shall not be liable for any damage Users may incur arising from special circumstances (regardless of RCG or Users has foreseen the damage, or the damage is foreseeable) caused by RCG’s negligence（excluding willful misconduct and gross negligence）.
- RCG shall not be liable for any transaction, communication, or dispute arising between or among a User and other Users or any third party in relation to the Services.
Article 13.（Change, etc. in the Content of Services）
RCG may change the content of the Services or cease to provide the Services without notifying Users thereof and shall not be liable for any damage the Users may incur as a result thereof.
If RCG determines it to be necessary, RCG may amend these Terms at any time, without notifying Users thereof. If a User commences the use of the Services after these Terms are amended, such User shall be deemed to have agreed to the amended terms.
Article 15. Handling of Personal Information
Article 16. Notice and Communication
Any notice or communications between Users and RCG shall be given or engaged in in the manner specified by RCG. Unless a User provides notice of any change in its contact information in accordance with the method separately specified by RCG, RCG shall deem that the User’s currently registered contact information is valid, and provide notices to, or contact such User at such point of contact, and any notice or communication shall be deemed to have reached the User at the time it was issued.
Article 17. No Assignment of Rights or Obligations
Users may not assign their rights or obligations hereunder to any third party without prior written approval of RCG.
Article 18. Governing Law and Jurisdiction
These Terms shall be construed in accordance with the laws of Japan. The Tokyo District Court or the Tokyo Summary Court shall have the exclusive jurisdiction for the first instance over all disputes arising between Users and RCG.