Bikeman Terms of Service
(About these Terms of Use)
- These Terms shall apply to all users.
- Users may not use this Website and this Service without agreeing to these Terms.
- Users of this Service, regardless of whether they are individuals or corporations, shall be deemed to have agreed to these Terms at the time of application for membership registration or at the time of using this Service.
- The content of these Terms may be changed as necessary, and such changes will be notified via email, posting on this Website, or other methods. If changes are made, the user shall be deemed to have accepted the changes when using the Service after the change, and the latest Terms will apply, so please refer to the latest Terms of Use when using the Service.
- In addition to these Terms, this Service also displays information on how to use this Service and matters to be noted on this Website. These shall also substantially form a part of these Terms.
- Please be sure to read these Terms before using this Service.
(Definitions)
Unless otherwise specified, the definitions of terms in these Terms are as follows:
- These Terms: Bikeman Terms of Use
- The Company: UNICORN Co., Ltd. (formerly Bikeman Japan Co., Ltd.)
- This Website: URL https://www.bikeman.jp/
- This Service: Services provided by the Company on this Website
- Membership Registration: Registering as a member according to the Company's regulations
- Member: A person who has registered as a member for this Service
- Intellectual Property Rights, etc.: Industrial property rights such as patent rights and trademark rights, intellectual property rights such as copyrights (including rights stipulated in Articles 27 and 28 of the Copyright Act), and other rights
- Confidential Information: Personal information, customer information, corporate information, and all other information
- Anti-Social Forces: Organized crime groups, members of organized crime groups, persons who have not passed 5 years since ceasing to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, groups masquerading as social movements or special intelligence violence groups, and other equivalent persons
(Content of this Service)
- This Service consists of various product sales, email distribution, and other services related to products.
- Some services are only available to members.
- The specific content of this Service shall be defined within this Website.
(Membership Registration)
- Users may register as members when starting to use this Service. It is also possible to use this Service without membership registration, but usage may be restricted in some cases.
- Applications for membership registration shall be made by notifying the ID, password, name, company name, email address, etc. by the method specified by the Company. False applications will not be accepted.
- If there is any change in the registered information, members must change their user information by the method specified by the Company. The Company shall not be responsible for any disadvantage caused to members by not making such changes.
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The Company may cancel membership registration if it determines that a member falls under any of the following:
- If the membership registration screening criteria set by the Company are not met
- If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant, etc.
- If the content of the membership registration application is false
- If the Company otherwise determines that it is not appropriate to approve membership registration
- The Company is not obligated to disclose the reason to the member if it takes any action described in the preceding paragraph.
(Management of Passwords, etc.)
- Members shall strictly manage their ID and password at their own responsibility so as not to leak them to third parties.
- The responsibility for actions performed using an ID and password shall be deemed to be the responsibility of the member who owns that ID, and the Company shall not bear any responsibility whatsoever.
- In the event that your ID is used without permission, or your ID and password are leaked to a third party, please contact the Company immediately.
(Method of Use)
- Users shall use this Service in accordance with these Terms and the descriptions on this Website, and in compliance with the Civil Code, Commercial Code, Personal Information Protection Law, Copyright Law, and other laws and regulations.
- Users shall bear all responsibility for their use of this Service. The Company shall not bear any responsibility for the user's use, unless otherwise specifically stipulated.
(Conditions of Sale)
- Users may purchase products handled on this Website in accordance with the provisions of this Website.
- The product price, payment method, delivery, delivery date, and other sales conditions (including the contents displayed based on the Act on Specified Commercial Transactions) are specified on this Website.
- Loss or damage to products that occurs before delivery from the Company to the user, and damages arising therefrom, shall be borne by the Company, except for those attributable to the customer. Loss or damage that occurs after delivery shall be borne by the customer, except for those attributable to the Company.
- The Company shall not bear any responsibility (including warranty liability, liability for non-performance of obligations, liability for torts, and other liabilities) for the sold product itself or if other parts are damaged or require replacement due to the product.
- As a general rule, users are not permitted to cancel a purchase after the purchase has been made.
- The Company shall not be obligated to refund any payment once made.
- If the Company is liable based on the risk of loss regarding product shipment, or if the Company is liable due to a defect in the product, the Company shall only be liable for the supply of replacement products or a refund of the price.
- When mail-order sales are conducted in this Service, cooling-off shall not apply.
(Prohibited Matters, etc.)
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Users are prohibited from engaging in any of the following acts:
- Acts that violate these Terms
- Acts that violate or may violate laws and regulations
- Acts that infringe or promote infringement of third-party rights
- Acts that the Company determines to be interference with this Service or server
- Acts contrary to public order and morals
- Use of this Service by users involved with anti-social forces
- Other acts that the Company deems inappropriate
- If the Company observes any prohibited acts as specified in the preceding paragraph, or if the Company determines that such prohibited acts have occurred, the Company may, at its discretion, suspend or terminate the provision of this Service to the user, delete membership registration, or delete data on the Company's server, etc. The Company shall not be liable for any damages incurred by the user due to such actions.
(User's Responsibility)
- The user shall bear all responsibility regarding the use of this Service and shall guarantee to the Company that the use of this Service does not infringe on the intellectual property rights or other rights of third parties.
- Notwithstanding the provisions of the preceding paragraph, if any problem arises regarding the user's use of this Service, the user shall resolve such problem at his/her own expense and responsibility, and the Company shall not bear any responsibility whatsoever.
- The user must back up data related to the use of this Service at his/her own responsibility. The Company shall not be responsible for data loss due to lack of backup.
- If a user causes damage to the Company through the use of this Service, the user shall compensate for such damage (including attorney's fees).
- If a user causes damage to a third party by using this Service, the user shall compensate for such damage at his/her own expense and responsibility, and the Company shall not bear any responsibility whatsoever. In this case, if the Company receives a claim for damages from a third party, the user shall compensate the Company for the amount of damages and expenses (including attorney's fees).
(Disclaimer)
- The Company does not guarantee that the use of this Service will produce any specific effects for the user.
- The Company will pay sufficient attention to the content of this Service (including links and advertisements stated and posted on this Website), but does not guarantee its accuracy, completeness, up-to-dateness, usefulness, etc. The use of this Service shall be at the member's own discretion.
- The Company does not guarantee the preservation of data created on this Website, access to this Website, or that the use of this Website will not be affected by viruses or the like. Users shall use this Website at their own risk.
- The Company shall not be liable for any problems arising between users, or between users and third parties, regarding this Service.
- The Company shall not be liable for damages caused by force majeure or other reasons not attributable to the Company, for damages arising from special circumstances regardless of the Company's foreseeability, or for indirect damages including lost profits.
(Intellectual Property Rights, etc.)
Intellectual property rights and other rights related to this Website and this Service belong to the Company or legitimate rights holders. Users shall use this Service in accordance with the usage methods so as not to infringe on the rights of other users, the Company, or other third parties.
(Suspension/Termination of Service, Changes in Content, Termination)
- The Company may temporarily suspend or terminate this Service without prior notice or consent from the user if it determines that such action is necessary for the installation of equipment required for the operation of this Service, system maintenance work, or due to force majeure such as natural disasters.
- The Company may change or terminate all or part of the content of this Service at its discretion after notifying the user in advance.
- The Company shall not be liable for any damages incurred by the user in the cases of the preceding two paragraphs. However, if all services are permanently terminated, and if payment for the service after termination has been received, the fees will be refunded.
(Deletion of Membership Registration)
- If a member wishes to delete their membership registration, they must submit a notification using the method specified by the Company.
- The Company will not refund any paid fees, regardless of the reason for the membership deletion.
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The Company may immediately delete membership registration without any notice if any of the following events occur to a member:
- If it is found that there were false statements in the membership registration details, or other circumstances that should have prevented the approval of membership registration at the application stage.
- If there was gross negligence or an act of betrayal.
- If payments are suspended, or if a provisional seizure, seizure, auction, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, or commencement of special liquidation is filed.
- If a transaction suspension disposition is received from a clearinghouse.
- If a disposition for arrears of public charges is received.
- If any other serious reason equivalent to the preceding items occurs that makes it difficult to continue these Terms or individual contracts.
- If a member violates any provision of these Terms that does not fall under the preceding paragraphs, and the user's default is not rectified even after a demand made by the Company setting a reasonable period, the Company may delete the membership registration.
- If any of the items in paragraph 3 applies to the Company or the user, the other party shall lose the benefit of time for all monetary obligations owed to them without any notice or demand from the other party, and must immediately repay them.
- If a member wishes to register again after membership deletion, they must go through the membership registration process again. The user agrees in advance that previous data will not be carried over after re-registration.
(Confidentiality)
The Company and the user shall handle confidential information disclosed or provided by the other party regarding the use of this Service with the care of a good manager, and shall not use it for purposes other than those of this Service, nor disclose or provide it to third parties without the prior written consent of the other party.
(Collection, Analysis, and Handling of User Information)
- The Company may use membership registration information, terminal information, and other user-related information in a form that does not identify individuals, for information distribution, statistics, and other services conducted by the Company, or for provision to third parties.
- To understand the usage status of this Service, the Company collects usage information of this Service using information collection modules such as cookies. Please refer to the terms of use and privacy policy of each provider for these information collection modules.
- The Company shall not be liable for any damages caused by the use of information collection modules such as cookies.
(Exclusion of Anti-Social Forces)
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The Company and the user represent and warrant that they do not and will not fall under any of the following items:
- Being an anti-social force
- Having a relationship where anti-social forces are recognized to control management
- Having a relationship where anti-social forces are recognized to be substantially involved in management
- Having a relationship where anti-social forces are recognized to be used unfairly, such as for the purpose of seeking illegal profits for oneself or a third party, or for the purpose of causing damage to a third party
- Having a relationship where anti-social forces are recognized to be involved, such as providing funds or benefits to anti-social forces
- Having officers or persons substantially involved in management who have a socially reprehensible relationship with anti-social forces
- Engaging in violent demands, threatening language, unreasonable demands exceeding legal responsibility, spreading rumors, using deceptive means or force to damage the credibility of others, or obstructing business, either by oneself or through a third party
- If the Company or the user finds that the other party has violated the representation and warranty in the preceding paragraph and falls under any of the items in the preceding paragraph, they may immediately cancel all contracts related to this Service without any notice and claim damages incurred.
(Assignment of Rights and Status, etc.)
Neither the Company nor the user may assign, lease, pledge, or otherwise dispose of any rights, obligations, or status related to this Service in any form without the consent of the other party.
(Resolution by Consultation)
If any matter not stipulated in these Terms arises or any doubt arises regarding the interpretation of these Terms, the Company and the user shall mutually consult in accordance with the principle of good faith and strive to resolve it promptly. The method of consultation shall be by email.
(Jurisdiction)
The district court or summary court having jurisdiction over the location of the Company's head office shall be the exclusive agreement jurisdiction court of the first instance for lawsuits between the Company and the user.
(Governing Law)
The interpretation of these Terms shall be governed by the laws of Japan.
Terms established: April 1, 2019