This agreement (the "Agreement") governs the conditions of use for the various services with respect to the internet service "Airfunding" (the "Service") provided by KiHeiTai Co., Ltd (the "Company").
Article 1. Details of the Service
- The service (hereinafter "Crowdfunding service") provides a platform where customers can run projects and other users can provide financial support to those projects.
Article 2. Definitions
The words used in this agreement have the definition as follows, save for where a word is separately defined or the context indicates otherwise.
(3) "Users" means people who, having agreed to the contents of the Agreement, use the Service.
(4) "Personal Information" means the "personal information" as defined in the Private Information Protection Law, the name, postal code, address, date of birth, sex, profession, telephone number, account information (email address, and passwords etc.), profile information (nickname, hobbies, family, age and other information related to the individual), credit card information, usage history, etc., and any specially designated individual information that can be used to identify a person (including information that would allow a designated individual to be identified upon reference to such information).
(5) "Contents" means information listed on or transmitted to the Service by the Company or by Users.
(6) "Supporter" means a User who provides a support amount to the Project Owner and support the Project.
(7) "Amount supported" means the support amount provided by the supporter to the Project Owner.
(8) "Project" means the plan, products, etc posted on the Crowdfunding service.
(9) "Project Owner" means the User who plans and implement a Project.
(10) "Return" means the goods or services provided by the Project Owner to the Supporter in return of the support received.
Article 3. Terms and Conditions Agreement
- The User must use the Service in accordance to the provisions stated in the Terms and Conditions. The User cannot use the Service unless he makes a valid and irrevocable agreement to these Terms and Conditions.
- Minors can use the Service after acquiring consent from their legal representatives, such as their parents.
- By actually using the Service, the User is deemed to have provided valid and irrevocable consent to these Terms and Conditions.
Article 4. User registration and account information
Users must register as themselves. Further, information provided at registration must be accurate.
- No multiple registrations
Users may register no more than once.
- Refusal of registration
The Company may refuse to authorize registration by a user if any of the following applies.
(1) The person does not fulfil the User requirements in Item 2 Article 3, and Item 2 of this article.
(2) The person has had their activity stopped due to violation of this Agreement in the paste.
(3) When the person's registration information includes inaccurate or false information.
(4) When the person's use is judged to have brought about or risks bringing about interference or interruption to the operation of the Service by the Company or to the use of other Users.
(5) When it is judged that the person is a member of a violent group, a quasi-member of a violent group, a racketeer, political racketeering organization, special intelligence violent group member, or a member of any other anti-social movement similar to the above (hereinafter "anti-social movement") or a member or employee or similar of a corporation whose operation has a substantial connection with an anti-social movement, etc., and where the person has been judged to have any connection whatsoever with an an-social movement.
(6) Any other case that is judged to be improper by the Company.
- Change of registration details
Users must change their registration details when those details have changed, and users are duly obliged to make manage and amend their registration details such that they are always up to date. If User's do not change their registration details, the Company may treat those details as unchanged, even if there has been a change. Even where a change has been notified by a User, any transactions and other processes prior to the registration of such change may be based upon the information prior to such change.
- Company's disclaimer
The Company disclaims all liability to any damage that may arise from the User's registered information or changes in the Users details registered by the User or where a Users registration is not recognized by the Company.
- Account information management
The User is responsible for managing their information such as their email address and password (hereinafter "Account Information"). User's may not allow a third party to use, or assign, sell, pledge, lend, rent or otherwise transfer their User Information.
- Improper use of account information.
The User is responsible for all damage that may result from the leakage of information, faulty operation, use by third party, unauthorized access, etc., resulting from insufficient management of Account Information, and the Company shall bear no liability thereof. Further, if any improper use of Account Information results in damage to the Company, then the User shall be liable to compensate the Company for such damage.
- Account information leakage.
Any leakage of Account Information to a third party, or where there is a risk of the same, must be reported to the Company as soon as possible. Further, the User must abide by the instructions of the Company in such an instance, if available.
Article 5. Retirement of the User, and account cessation, deletion
- Any User who registered to the Service may delete his/her account and withdraw from using the Service.
- The Company may without notice to the User cease or delete the User's account due to their being a violation of this Agreement or risk of a violation of this Agreement.
Article 6. Handling of personal information
- The Company collects information including email addresses, contacts, profile information （user name, user ID, image files, status messages, etc.）, and mobile phone device information, as part of the Service for the following purposes:
(1) Show User profile in airfunding.
(2) Verify User identity and prevent Service misuse.
(3) Analize consumer data in order to provide more immersive and feature rich service to Users.
- The User must provide genuine, accurate and complete information when providing information related to the User to the Company while using the Service.
- In case the User registers a password while using the Service, the User must exercise due care in order for it not to be used in an unlawful manner. The Company can treat all activities conducted with the User's password as such activities that have been conducted by the User him/herself.
Article 7. Restrictions
The User must not engage in and guarantees not to conduct the following when using the Service:
- Activities that violate the law, court verdicts, resolutions or orders or administrative measures that are legally binding.
- Activities that may hinder public order or customs （including submitting, posting, disclosing, transmitting expressions that leads to the discomfort of others, including excessively violent or sexual expressions, or other anti-social content.）
- Activities with the purposes of prostitution, bribery, match making, dating, harassment and slander of other Users, and other activities with purposes that are outside the designated purposes of the Service.
- Actions that go against public order and morality, or provision of information that may go against public order or morality to other users or third parties.
- Activities that infringe upon the rights （including intellectual property rights, such as copyrights, trademarks and patents, fame, privacy and all other rights granted by the law or agreements） of the Company and/or a third party.
- Activities that lead to the misrepresentation of the Company or a third party or intentionally spreading false information.
- Provision of false information or information that may be false.
- Activities that use the Service for commercial purposes without prior approval from the Company, using the Service to meet a person for sexual encounters, or using the Service for purposes other than the Service's true intent.
- Activities that benefit or collaborate with anti-social groups.
- Activities that are related to religious activities or invitations to a certain religious group.
- Activities that leads to the collection, disclosure, or provision of User's personal information, registered information or user history without both the Company's and the Users' permission.
- Unauthorized access to the company's systems, distribution of computer viruses, or other activity that interferes with or may interfere with normal operation of the Service.
- Activities that interfere with the Company's operation of the Service, or the User's use of the Service.
- Actions that may have a negative effect on the well-being or sound development of young people.
- Other activities that are deemed to be inappropriate by the Company.
- Activities that aid or promote any of the activities of items 1 to 16 in this article.
Article 8. Disposition of transactions
- In the Crowdfunding service, the Supporter provides financial support to the Project posted by the Project Owner, and acquires from the Project Owner a return in exchange for the support.
- The provision of support funds and the Return actions run in the Crowdfunding service will be established as a direct sales contract between the Project Owner and the Supporter. The Company may not be considered part of the transaction and the rights and obligations concerning this transaction occur between the Project Owner and the Supporter.
- The Project Owner allows authority of a receipt agency of support amount as a consideration of return to this Company, the payment collection agency or receiving agencies (hereinafter "Payment recipient") designated by this Company. The payment of the support amount to the Project Owner is considered completed once the Payment recipient receives the Support amount.
Article 9. Initiation and progress of a project
- Users who have completed their user registration in order to become Project Owners are required to send to the Company all the information related to make a Crowdfunding project in accordance to the method defined by the Company.
- Even if the target amount is not reached within the period of time specified by the Project Owner, the supported amount shall be fully settled. In addition, the Project Owner must use received support amount only for the activities indicated in the Project and can not be used for other purposes.
Article 10. Payment of the supported amount to the Project Owner
The Company must deliver the payment of the collected Support amount through bank transfer to the bank account designated by the Project Owner beforehand.
The payment of the Support amount will be made in the local currency of the country of the Project Owner. In some cases, the transfer may be done in dollars.
Each user each user must be responsibly for the payment of a 6% fee of the value of the received funds as a settlement fee of the Support amount. In addition to that, each User must be responsibly for the payment of the receipt fees arranged by his/her own bank.
In addition to the settlement and receipt fee, a currency exchange rate we set for the relevant currency exchange will be also applied. The transaction exchange rate is adjusted regularly and it is based on rates within the wholesale currency markets on the conversion day or the prior Business Day.
The payment of the Support amount can be done only if the Project Owner bank account information has been verified by the Company. If the bank account information can't be verified, or the Project Owner doesn't provide the Company the bank account information within a certain frame of time, the Support Amount could be refunded.
Article 11. Provision of return
- The Project Owner shall provide the Supporter with the type of Return designated before the performance deadline specified on the Crowdfunding service, in case the support amount is paid. This Company is not responsible for any obligation under any circumstances. In the event that there is a delay in the the Return, the Project Owner shall contact the Supporter and take other necessary measures at his own expense and responsibility.
- Corresponding to the Distributor or Service Provider,based on the "Specific Commercial Transaction Law", the Project Owner shall publish a declaration in the location and terms indicated by the Company.
Article 12. Cancellation of a project
- The project owner can not cancel the project once started. However, the company may consider allowing its cancellation due to Project Owner's illness, injury, accident, unexpected accident such as natural disaster damage etc., as long as the Support amount have not been delivered yet to the Project Owner.
- The Company disclaims all liability of any damage suffered by the Project Owner by any of the measures stipulated in this section.
- With regard to the grant for the project cancelled pursuant to the provisions of this Article, the Company shall refund to the supporter according to the method specified by the Company.
Article 13. Support
- The Supporter can acquire the right to obtain a Return as it's specified in the Project by paying the support fee to the Project Owner according to the method specified by the Company.
- The Supporter shall pay the Support amount using the method specified by the Company, by the deadline specified in the Project. After payment is made, support cannot be cancelled and the support amount cannot be refunded in principle. However, if the Company or the Project Owner withdraws the Project pursuant to the provisions of the preceding Article, the supported amount shall be refunded before delivering it to the Project Owner.
- The Supporter can provide a fee to the Company in each support action. The supporter can decide the value of the fee up to 50% of the Support amount. The payment of this fee shall be made at the same time as the payment of the Support amount.
Article 14. Acquisition of Return
- The project owner is committed to carrying on the action of return specified in the project to the Supporter, in case of receiving any Support amount.
- Supporters shall not request products or services other than the services that were specified in advance.
- The Supporter shall directly inquire about the Return to each Project Owner. This Company is not obligated to take any kind of measure for such inquiries.
- Intellectual property rights and other rights relating to returns belong to Project Owners. The Supporter must obtain the right to receive the Return in accordance with the method prescribed by the Company or the Project Owner in advance.
Article 15. Handling of Content
- Text, images, video or other information may only be provided on this service by customers with copyrights or intellectual property rights, or permission to use said information. The customer shall consent to provide freely and indefinitely the rights to use （with or without the purpose to use the service for profit, the rights include duplication, production, representation, screening, public transmission, dictation, installation, distribution, transfer, lending, translation, adaptation. The rights also include re-permission to the third parties） sent or provided text, images, video or other information （hereinafter "Posts contents"） to the company, and the customer may not exercise author's rights regarding provided information stored at the company's or related server by sending or providing from the customer through the service.
- The User must not use the Posts contents beyond the scope of the intended use of the Posts Contents in the Service （including but not limited to copy, transmission, reproduction, modification.） except for obtaining prior consent from both the Company and rights holders.
- The Company may check the details of the Submitted Contents as long as it does not infringe Users' privacy of communications, when the Company acknowledges the needs to check whether the Submitted Contents violate related laws or provisions in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
- In case the Company recognizes that the User has violated, or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company can preclude the User's use of the Service or the Submitted Content in certain manners such as deleting the Submitted Content from the server managed by the Company without providing the User with prior notification. Therefore, the User is recommended to keep a backup of the Submitted Content.
Article 16. Provision, Non-guarantee, Alteration and Termination of the Service
- The User shall prepare necessary PC, mobile phone, device, communication device, operating system, communication means and power necessary for using the Service under the User's own responsibility and at the User's own expense.
- The Company may limit the eligibility of the Service depending on the conditions that the Company considers necessary such as current membership status, age, and identification.
- If deemed that one of the following cases are applicable with regard to the management or provision of the Service, the Company may change, restrict, temporarily suspend, or terminate the Service, in whole or in part, without giving prior notification or seeking prior consent from its members:
(1) If required to carry out emergency maintenance necessary for the management or provision of the Service, due to equipment faults, etc.
(2) If deemed by the Company that the management or provision of the Service has become difficult due to force mature or a state of emergency such as wars, riots, disturbances, strikes, earthquakes, eruptions, floods, tsunamis, fires, electricity outages, etc.
(3) Due to other unavoidable reasons such as operational or technical issues.
- The Company can modify or cease entire or part of the Service anytime without prior notice to the Users at the Company's own discretion.
- The Company shall bear no responsibility whatsoever toward its members for any changes, restrictions, temporary suspensions, or termination of the Service.
- Communication fees may apply in order to use the Service.
- The Company may provide Users with advertisements of the Company or a third party through the Service.
- The Company does not guarantee that the Service （including the Contents） is free from de facto or legal flaws （including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness to certain purpose, security-related faults, flaws, bugs, violation of rights）. The Company shall not be responsible for providing the Service without such defects. However, if the agreement （including but not limited to the Terms and Conditions） between the Company and the User regarding Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan and such an agreement will be a contract for value, the above provision does not mean to entirely exempt the Company's responsibility to indemnify any loss inflicted upon the User due to invisible defects of the Service. In such case the treatment of compensation follows Article 19, clause 2.
- The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that the User use the service violating the Terms and Conditions. However, the Company does not guarantee other Users and the third parties that the User and others do not violate the Terms and Conditions. Furthermore, the Company shall not be responsible for correcting or preventing such actions.
Article 17. Responsibilities of the User and connection environment
- Required equipment
The responsibility for and the costs of any equipment required to use this service such as computers, smart phones and other devices, software, communications networks and other communication environments are to be the sole responsibility of the User. Further, the cost of installation and use of such devices, software, or communications networks are also to be the sole responsibility of the User. The Company does not warrant that this service will be compatible with any device, and shall have no relation to, nor shall provide support for, the preparation or readying or operation of any device whatsoever.
- Network pathway
The User understands that in the usage of this service, various networks may be used as pathways and, in addition, that depending on the device or network being used to connect the content of data and signals may change due to the different pathways, and that the Company shall no be liable for any said change whatsoever.
- Resolution of trouble
The company disclaims all liability in relation to any trouble with respect to this service experienced by the User or that occurs between a User or a third party (including any trouble that occurs predicated upon future use of the Service) and the User shall bear all responsibility for their costs in relation to and of the resolution of the trouble itself. If there is any trouble, then the parties to the trouble shall resolve the same and if, as a result of the trouble, the Company suffers damage then the parties involved shall be jointly and severally liable to compensate the Company for any such damage.
- Resolution of disputes with third parties
The Company disclaims all liability in relation to any dispute including litigation, complaint, claim or any other trouble related to this service that may occur between the User and a Third Party, and the resolution of any such dispute shall be the responsibility and at the expense of the parties thereto. The parties to such dispute shall be jointly and severally liable to compensate the Company for any costs or damages suffered by the Company in relation to such dispute including legal fees in dealing with the same.
- Burden of fees
Where the User is involved in a dispute with the Company, any and all costs of the Company including legal costs with respect to the dispute shall be borne by by the Users that are party to the dispute jointly and severally and the User agrees to be bound by the same.
Article 18. Disclaimer of the Company's liabilities
- The Company disclaims responsibility for any and all damages caused to the User that may be caused by this Service. However, this does not apply to any liabilities of the Company that may have arisen due to the formation of a Consumer Contract as part of the use of this Service (including this Agreement) and as determined under the Consumer Contracts Law.
- Despite any provision to the contrary in the above item, the Company shall not be liable for any damages arising from special circumstances among the damages caused to the User (including where the Company or the User has foreseen such damage occurring, or where such of damage was foreseeable) arising from the failure to perform its obligations due to negligence (excluding gross negligence) or any unlawful act. Further, any compensation with respect to damage suffered by the User arising from negligence (including gross negligence) to fully perform its duties or an unlawful act is limited to the following sum.
*With respect to damage caused to a User, with this Service that is provided at no cost as one of the causes, the sum equal to the communication line cost for the month in which the damage was suffered by the User with respect to his/her use of this service.
- The Company does not bear any responsibility for the contents of the Return specified by the Project Owner and for any delay in performance or failure to perform the Return and for any reason attributable to the Supporter. The Company is not responsible at all for the damages of supporters caused by failure of use of the Crowdfunding service, delay in performance of the Return, and impossibility of performance.
- The Company does not guarantee that projects will be executed reliably or that the contents of the Project will not be changed and disclaims all liability of the execution of the Project at all. The Company is not responsible either for any damages affecting to Supporters caused by not executed projects.
- The Company does not guarantee the legality and feasibility of the projects, the facts posted in the projects, matters concerning other projects, and regarding the damage of supporters arising in connection with the project.
Article 19. Compensation for damages
- Obligations of the User, and disclaimer by the Company
The User shall be responsible for all damages suffered by other Users or third parties and be liable to compensate the same caused by his/her violation of this contract, negligence, whether willful or not. If the Company suffers any damage due to the User's conduct violating this Agreement then the Users involved shall be jointly and severally liable to compensate the Company for any such damage.
- The Company's obligation to compensate damages
The Company disclaims all liability for any damage suffered by Users with respect to stoppage, termination, or change of this service, deletion of User registration, deletion or loss of contents, data loss or damage to devices due to use of the service and any other damages suffered due to use of the Service. Moreover, the obligation to compensate the User for damages suffered with respect to any application of the Consumer Contracts Law or any other reason, irrespective of any other disclaimer of damages by the Company, shall be limited to only the amount of damages directly suffered and ordinary damages among any amount to be compensated for the failure to perform an obligation due to negligence (excluding gross negligence) or an unlawful act that causes damage to the User and such is limited to the total aggregate sum of prices paid for products by the User and receipted by the Company.
Article 20. Ordinary provisions
- Method of Notification or Contact
(1) When the Company notifies or contacts the User in regard to the Service, the Company can use a method that the Company consider appropriate such as posting on the application operated by the Company.
(2) When the User notifies or contacts the Company in regard to the Service, the User must use the customer inquiry form available on the application operated by the company or any other means designated by the Company.
- Relations to Individual Terms and Conditions of Use
(1) If there are documents released or uploaded by the Company under the name of 'Agreement', 'Policy' etc. （hereinafter 'Separate Terms and Conditions'） in relation to the Service, in addition to the Terms and Conditions, the User also must comply with the Separate Terms and Conditions as well as the Terms and Conditions.
(3) In the event of a provision resulting in a conflict between the Terms and Conditions and the Separate Terms and Conditions, the provision in the Separate Terms and Conditions supersedes the Terms and Conditions.
- Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the application operated by the Company. The User shall be deemed that he has made valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing the use of the Service. Users must refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification is not provided.
- Applicable Law and Court
The Japanese copy of this Agreement shall take precedence and the applicable law is Japanese Law. The application of international treaties relating to international contracts for sale of goods (Vienna Sales Convention) is hereby excluded.
Any disputes that arise between the User and the Company with its cause as this Service shall be the sole jurisdiction of the Tokyo District Court or the Tokyo Summary Court. Any judgment of a concerned jurisdiction shall be deemed to be enforceable by the court of any country.
Where any provision of this contract is deemed to be ineffective due to a violation of the Law on Consumer Contracts or any other law, the part that is not deemed to be in violation shall continue to be effective, and any provisions that are rendered ineffective due to the ineffectiveness of any ineffective provision shall be deemed to be amended to the extent necessary to preserve their effectiveness, and to the extent possible, any provision deemed to be ineffective shall be interpreted so that it retains, wholly or party, its legal and economical effectiveness.
- Special Provisions that Apply to Users outside Japan
(1) User agrees that his personal data is transferred to, and processed in Japan.