These Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions for providing the Service and the rights and obligations between Public Corporation (hereinafter referred to as the "Company") and you, the user. In order to use the Service, you must read and agree to the Terms of Service in its entirety.
Article 1 Application
The purpose of these Terms of Use is to define the conditions of provision of the Service and the relationship of rights and obligations between the Company and the user with respect to use of the Service, and shall apply to all relationships between the user and the Company with respect to use of the Service.
The rules regarding the use of the Service (https://nonos.live) posted by the Company on this website shall constitute a part of these Terms of Use.
In the event of any discrepancy between the contents of these Terms of Use and the rules and other explanations of the Service outside of these Terms of Use, the provisions of these Terms of Use shall take precedence.
Article 2 Definitions
The following terms used in this Agreement shall have the meanings set forth below.
The term "Service" shall mean "NONOS" (in the event that the name or content of the Service is changed for any reason, including the Service after such change) for the purpose of providing the Live Auction platform provision service and related services operated by the Company, and shall include paid services provided separately to users by the Company. NONOS" means "NONOS" (if the name or content of the service is changed for any reason, including the service after such change) for the purpose of providing services and accompanying services to users, including paid services provided individually by the Company.
The term "the Site" means the website and the application which contain the contents of the Service under the domain "https://nonos.live".
The "Application" means an application for smartphones and tablets that contains the Service Content.
Contents" means all text, sound, still images, video, software programs, code, etc. provided on the Website and the Application.
User" means an individual or legal entity that has been registered as a user of the Service in accordance with Article 3 (Registration). User" includes Buyer and Seller.
Goods" means goods that are auctioned by a Seller through the Service and bought and sold among Users.
Personal Information" means information that can be used to identify an individual, such as address, name, and telephone number, as defined in Article 2 of the Personal Information Protection Law.
Registration Information" is a generic term for information that a user has registered on the Site.
Seller" means an individual or corporation who has registered as prescribed by the Company for the purpose of selling items for auction on the Service.
Buyer" means an individual or corporation who purchases an item from a seller.
Posted Information" means all information posted by users to the Service, including but not limited to text, text strings, images, comments, videos, etc. "Intellectual Property Rights" means the intellectual property rights of the Company and its affiliates.
Intellectual Property Rights" means patent rights, utility model rights, breeder's rights, design rights, copyrights, trademark rights, and any other rights provided by law regarding intellectual property or rights pertaining to legally protected interests.
Article 3 User Registration
A person who desires to use the Service (hereinafter referred to as a "Prospective User") may apply to the Company for registration to use the Service by agreeing to comply with the Terms of Use and providing the Company with certain information determined by the Company (hereinafter referred to as "Registration Items") in a manner determined by the Company.
In accordance with the Company's standards, the Company will determine whether or not to register the applicant who has applied for registration in accordance with Section 1 (hereinafter referred to as "Registration Applicant"), and if the Company approves the registration, the Company will notify the Registration Applicant to that effect. The registration of the applicant as a user shall be deemed to have been completed upon the Company's giving of the notice in this section.
Upon completion of the registration as stipulated in the preceding paragraph, a service use agreement will be established between the user and the Company, and the user will be able to use the Service in accordance with these Terms.
The Company may refuse registration or re-registration if the applicant falls under any of the following items, and shall not be obligated to disclose any reason for such refusal.
The applicant is a minor (a person under 18 years of age; the same shall apply hereinafter), an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of his/her legal representative, guardian, curator, or assistant.
Antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or any other similar persons. The same shall apply hereinafter) (iii) The Company determines that the Subscriber is a person who has violated a contract with the Company in the past, or a person who has violated a contract with the Company in the past.
If the Company determines that the user has violated a contract with the Company in the past, or is related to such a person.
If the applicant has been subjected to any of the measures stipulated in Article 18.
In any other cases in which the Company deems that registration is not appropriate.
Article 4 Use by Minors
Minors shall obtain the consent of a legal representative, such as a person with parental authority, before performing any act related to the use of our services, including applying for membership registration. When a minor completes membership registration, he/she shall be deemed to have the consent of his/her legal representative with regard to the use of our services and the contents of these Terms of Use.
If a minor member uses our services by falsely claiming to have consent even though he or she does not have the consent of a legal representative, by falsely claiming to be of legal age, or by using other fraudulent means to make the member believe that he or she is of legal capacity, any legal action regarding such use cannot be revoked.
If a member who was a minor at the time of agreeing to this agreement uses our services after reaching the age of majority, the member will be deemed to have ratified all legal acts related to our services.
Article 5 Changes in Registered Information
If there are any changes in the registered information, the user shall notify the Company of such changes without delay in a manner determined by the Company.
Article 6 Maintenance of Usage Environment
The User shall maintain the necessary equipment, software, communication lines, etc. to use the Service at his/her own responsibility and expense. The recommended environment will be posted separately on this site.
User shall take necessary security measures to prevent computer viruses from infecting the Service at User's own responsibility and expense.
Article 7 User Account
User shall register an account for use of the Service (hereinafter referred to as "Account"), and the Company shall issue an Account. The User shall not disclose, lend, or share the Account to any third party, and shall strictly manage the Account so as not to leak it to any third party.
The Company shall not be liable for any loss or damage incurred by the User or any other party due to inadequate management of the account, error in use, use by a third party, or any other reason.
All use of the Service and other activities under a user's account shall be deemed to be use by the user. If a third party uses the Service through a user's account, the user shall be responsible for payment of fees and all other responsibilities related to such use. In addition, if we incur any damages as a result of such acts, the User shall compensate us for the full amount of such damages.
In the event of any change in the application, the User shall notify the Company of such change without delay in a manner determined by the Company.
Article 8 Management of Passwords and User IDs
The User shall, at its own responsibility, properly manage and store its password and user ID for the Service, and shall not allow a third party to use it, or lend, transfer, transfer, change the name of, sell, or otherwise dispose of it.
The user shall be responsible for any damages caused by inadequate management of the password or user ID, errors in use, use by a third party, etc. The user shall not be liable for any damages caused by the use of the password or user ID by a third party.
Article 9 Contents of the Service
The Company shall provide various functions to realize the purpose of the Service. Users may place bids on items listed in the auction (excluding items for which they themselves are the seller). In order to place a bid, the User must complete the registration procedures in accordance with Article 3.
Users may post comments on the Service to sellers.
The duration of auctions on the Service shall be in accordance with the time settings set by the Company.
A purchase agreement between a seller and a purchaser through the Service (collectively, the "Purchase Agreement") shall be formed when the purchaser receives an e-mail from the Service regarding the successful bid for an item. (3)Neither the seller nor the buyer may transfer, offer as security, or otherwise dispose of the rights and obligations arising under the sales contract to a third party.
The seller must clearly indicate the object to be auctioned through the Service, the timing of product shipment, and other detailed arrangements of the contract to prospective buyers prior to the conclusion of the sales contract.
In addition to each of the services stipulated in these Terms and Conditions, SBI may provide users with services related to the Service (hereinafter referred to as "Optional Services") for a fee or free of charge. When using the Optional Services provided by the Company, the User shall comply with the individual provisions separately stipulated by the Company.
Article 10 Rights and Obligations of Exhibitors
(1) An exhibitor may list an item on the Service by obtaining the procedures prescribed by the Company.
The Vendor shall provide sufficient information to avoid misleading the Buyer regarding the description of the product, the details of the contract, the price of the product, any costs incurred by the Buyer other than the price of the product, and the time of delivery. The seller shall not distribute or post information that is far from the actual content or confusing to users.
You shall comply with the Antique Dealer Act, Act on Specified Commercial Transactions, Act Against Unjustifiable Premiums and Misleading Representations, Unfair Competition Prevention Act, Trademark Act, Copyright Act, Consumer Contract Act, Civil Code, Commercial Code, and other laws and regulations of the Company in connection with your listings.
Prohibited items to be exhibited as stipulated by the Company on the Service are included in the rules regarding the use of the Service stipulated in Article 1, Paragraph 2.
The Company shall not be liable for any damages incurred by the exhibitor, users or third parties due to the exhibitor's failure to comply with the obligations stated in the preceding four clauses.
All transactions shall be deemed to be completed when 7 days have elapsed after the completion of payment for the merchandise and confirmation of the arrival of the merchandise pertaining to the relevant transaction from the purchaser, and when no notice as provided in Article 11.7 has been given by the purchaser to SBI during such period.
Pursuant to the provisions of the Act on Specified Commercial Transactions, sellers must provide the Company with all information required by the Act on Specified Commercial Transactions. If SBI receives a request for disclosure of such information from a user, SBI shall disclose such information to the requester without delay, to which the seller agrees in advance.
If a seller is found to have engaged in any of the following acts prohibited under the Terms and Conditions: selling counterfeit items, fraud, self-dealing, or fictitious transactions among related parties, the Company may take any of the following actions against the seller
Terminate the membership to the Service
Restrict the use of the Service
Cancel all or part of the orders placed with the seller on the Service
Withhold or suspend payment to the Seller.
Charge the Seller for any costs and fees incurred by the Company as a result of the Seller's response to the Prohibited Conduct, as well as any costs incurred by the Company in returning the merchandise.
Charge the seller a penalty fee equivalent to 15% of the transaction amount in addition to the merchandise price (however, this shall not preclude the seller from claiming compensation for any other damages incurred by the Company).
The seller agrees in advance that we will take the actions described in the preceding paragraph upon our discovery of a counterfeit or fraudulent item, even if the seller was unaware of the counterfeit or fraudulent item. In addition, if the goods are provided to a law enforcement agency, the seller agrees in advance that such law enforcement agency may file a claim for property rights related to the goods against the seller.
After the conclusion of a sales contract, the merchandise shall be shipped within 4 days unless there is a special reason for not doing so. If there is any special reason, it shall be stated on the product page so that the purchaser can know it prior to purchase.
If the Seller fails to fulfill the shipping of the purchased merchandise by the due date, the Company shall charge the Seller a penalty fee equivalent to 15% of the transaction amount in addition to the price of the merchandise. In addition, if the seller fails to ship the purchased item(s), the Company may take any of the following actions.
Claim compensation for damages incurred by the Company due to the Seller's failure to ship
(2)To cancel the exhibitor's membership to the Service.
Restrict the use of the Service by the exhibitor
Cancel all or part of an order placed with a Seller.
Withholding or suspending payment to the Seller.
The Seller shall bear any costs incurred as a result of a chargeback.
(3)If a purchaser fails to make payment after winning a bid for an item, the sales contract for such winning bid shall be deemed to have failed, and the Seller may start the auction anew as if such winning bid had never been made.
(2)If the Seller fails to respond to the Company's demand as provided in this Article, the Company may set off the amount of the Purchase Price, etc. received by the Company on behalf of the Seller against the Purchase Price, etc. received by the Company on behalf of the Seller.
Article 11. Purchaser's Rights and Obligations
Users may purchase products offered on the Service. In order to purchase a product, the user shall place an order for the product with the intention of purchasing it according to the procedures prescribed by the Company.
In the event that the Company's prescribed data indicating the intent to purchase from the user does not reach the server managed by the Company within the transaction time specified by the Company, the order for such data transmission shall become invalid, and the user shall accept this in advance.
When a sales contract is concluded, the purchaser shall pay the total amount of the product price, shipping costs, and other expenses specified for individual products in a lump sum in a method specified by the Company.
In the event that there are unpaid debts owed by the purchaser, the Company may outsource the collection of such unpaid debts to a third party.
In the event that the Company determines that an order has been placed with no intent to purchase or in bad faith, that a chargeback has occurred, or that any other reasonable reason has been given by the Company to the user (hereinafter in this section referred to as "problematic behavior, etc."), the Company may take the actions described in each item below with regard to the user. (1) The Company may take the actions described in each of the following items.
Terminate the user's membership to the Service.
Restrict the user's use of the Service
Cancel all or part of the User's order
Withhold or suspend refunds or payments to the User
Charge the User for any costs and fees incurred by the Company as a result of the User's response to the problematic behavior, etc., as well as any costs incurred in returning the merchandise to the Company.
Charge the user a fee equal to 15% of the transaction amount in addition to the price of the merchandise (however, this does not preclude us from charging the user compensation for any other damages incurred).
If a product received from a seller falls under any of the conditions set forth in the following items, the purchaser must notify the Company within 7 days of receipt of said product.
If the product is a counterfeit
If the product is not identical with the product at the time of purchase or successful bidding
If the condition of the item is significantly different from that of the item at the time of purchase or successful bidding
If there is any other special reason deemed acceptable by the Company.
(2)The purchaser set forth in the preceding paragraph shall cooperate with the Company with respect to the contents described in each of the following items if requested to do so by the Company.
Providing photographs or other evidence of the goods
Providing the goods to law enforcement agencies
Destroying the merchandise
Sending the goods to us
Cooperating in any other investigation or disposition of the merchandise.
In the event of the cooperation described in the preceding paragraph, and if we deem the goods to fall under any of the items listed in Section 9, we will refund to the purchaser all fees and expenses paid by the purchaser for the goods.
If the Buyer chooses to destroy the counterfeit Goods of his/her own volition without a request from the Company, the Buyer shall obtain the Company's agreement in writing before destroying the Goods and shall send the Company a document certifying that he/she has destroyed the Goods.
Article 12. Role and Position of the Company
(1)SBI shall not be a party to the sales contract, and shall not be involved in any way in the cancellation, termination, cancellation, return, refund, guarantee, etc. of the contract, except as otherwise provided in these Terms and Conditions.
Buyers and sellers shall perform all obligations under the sales contract at their own expense and responsibility.
The Company will not be involved in the video footage and posted content during live transmission, but the Company will store the video footage and posted content during live transmission for a certain period of time. If we receive a request from a user or a third party to investigate a video or posted content that contains slander or is untrue, we will conduct an investigation and demand that the user whose behavior or comments appear to be problematic make improvements. However, this paragraph does not guarantee that we will always respond to the investigation request, and the user agrees to this in advance.
(3)The Company shall, at its discretion, monitor whether Users use the Service properly and whether sellers comply with the Secondhand Articles Dealer Law and other laws and regulations, and Users shall consent to such monitoring in advance. However, this Article does not necessarily guarantee that the Company will conduct monitoring of Users.
If, as a result of the investigation or monitoring described in the preceding two clauses, we determine that a user is not in compliance with the Terms of Use or laws and regulations, we may take action to suspend the use of the auction until we confirm that the user has taken appropriate action and corrected the usage method.
In the event that the Company suspends or withholds the listing of an auction, the Company shall not be liable to any user or third party, including sellers and buyers. In addition, SBI shall not be obligated to explain the reason for such suspension or suspension to users.
Article 13. Listing of Goods by Our Company
The Company may list products on the Service. In such cases, the purpose of the Service as stipulated in Article 2.1 shall remain the same, and the nature of the Service shall not be affected in any way.
With regard to the products exhibited by the Company, the Company shall follow its obligations as an exhibitor under these Terms and Conditions.
Article 14. Usage Fees
Users and Subscribers shall not bear any membership fees or other special burdens in connection with the use of the Service, except for the fees from the following paragraph, which shall be paid when an auction is conducted and a sales contract is concluded and a successful bid is placed.
The following payment methods are available for the payment of money as stipulated in Article 11.4
Payment by credit card
The purchaser agrees in advance that the payment described in the first item will not be refunded if it does not fall under either the provisions for returns or if the Company determines that there has been a counterfeit or fraudulent sale of the merchandise.
(2)The Seller agrees to accept payment of the Purchase Price paid by the Buyer (including money equivalent to the Purchase Price paid by the settlement service provider or collection agency) on behalf of the Seller. (2)The seller agrees that SBI may accept payment of the merchandise price paid by the purchaser (including money equivalent to the merchandise price paid by the settlement provider or collection agency) on his/her behalf.
(2)SBI shall collect 10% of the sales price of the merchandise as a commission, and the remainder shall be paid to the Seller in accordance with the provisions of Article 16.
If the sales contract is terminated or cancelled between the Seller and the Buyer for reasons that do not fall under either the return provision or the case where SBI determines that the merchandise is a counterfeit or fraudulent, the Seller agrees that the obligation to pay SBI the commission fee specified in the preceding item will not be removed and that any commission fee already paid will not be refunded. The seller agrees in advance that he/she will not be refunded for any fees already paid.
Article 15. Return of Goods, etc.
In principle, no cancellation, return, or refund shall be allowed after the successful bidding.
Notwithstanding the preceding paragraph, if an item received from the seller falls under Article 11.6, the seller must notify the Company within 7 days of receipt of the item. If the Company confirms the contents and approves the refund, the Company shall process the refund to the purchaser. Any costs incurred for such refund shall be borne by the Seller, unless the Seller has a justifiable reason.
Repair or replacement of an item that does not fall under the above shall be handled between the Seller and the Buyer, and the Company shall not assume any responsibility for such repair or replacement.
Article 16 Handling of Sales Proceeds
A seller may receive sales proceeds from the Service by applying for a bank transfer to SBI for items that have been shipped in relation to a sales contract. Please refer to Article 10.6 regarding the timing of completion of a sales contract.
The Seller may apply for a money transfer 15 days after the date of notification of the completion of shipment regarding the sales contract. With respect to the sales proceeds for which the Seller has applied for a bank transfer, the Company shall transfer the funds to the bank account designated by the Seller, and in such case, the Seller shall bear the bank transfer fee.
In the event that a user's registration is cancelled or the Service is terminated for any reason, with respect to the sales balance in the Seller's account at the time of cancellation or termination of registration, the Company shall pay to the Seller the amount of such sales balance minus the Service usage fee and transfer fee separately determined by the Company by the end of the month following the month of cancellation or termination of registration. The Company shall pay the sales balance in the Vendor's account at the time of cancellation or termination of registration by wire transfer to the bank account designated by the Vendor by the end of the month following the month of cancellation or termination. If the sales balance at the time of cancellation or termination of registration is less than the transfer fee, the Seller waives the right to claim payment of the sales balance and agrees not to receive payment thereof.
If the account information specified by the Seller is incomplete and payment cannot be made in accordance with the preceding two paragraphs, the Company shall notify the Seller of such incompleteness. If the account information is not updated for more than 60 days after the notification, the Company's obligation to pay the relevant Seller shall be extinguished.
Article 17 User's Responsibility
If a user defames another person, infringes privacy rights, discloses a third party's personal information without authorization, violates copyright laws, or otherwise infringes a third party's rights, the user must resolve the matter at the user's own responsibility and expense, and the Company shall bear no responsibility whatsoever. The Company shall not be held liable for any such actions.
User shall, at User's own responsibility and expense, back up the data, etc. accumulated and stored in the Service by using the Service.
Except for reasons attributable to the Company, the Company shall assume no responsibility for the storage, preservation, backup, etc. of data, etc. that the User has stored or saved within the Service by using the Service.
Article 17 Attribution of Rights
All intellectual property rights related to the Application and the Service are vested in the Company or the licensor of the Service, and the granting of a license to use the Service under this Agreement does not imply the granting of a license to use the intellectual property rights of the Company or the licensor of the Service related to the Application or the Service. The user shall not be liable for any loss or damage arising from the use of the posted data.
You represent and warrant to us that you have the legal right to post or transmit the posted data and that the posted data does not infringe upon the rights of any third party.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform the Submitted Data. You also grant to other users a non-exclusive license to use, reproduce, distribute, create derivative works from, display and perform any posted data that you post or otherwise transmit using the Service.
You agree not to exercise your moral rights against us or any person who has succeeded to or been granted rights by us.
Article 18 Prohibitions
In using the Service, users shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items. In the event of a violation, the Company may, without prior notice, immediately take any action it deems necessary, such as suspension of use, suspension of live streaming or viewing, deletion of registered information, etc.
Actions that the Company deems inappropriate in terms of live-streaming
Actions that the Company deems inappropriate in terms of viewing live distribution
Actions that violate money laundering or other laws related to the prevention of the transfer of proceeds from crime
Using this service for the purpose of deposit or remittance.
Acts that violate laws and regulations or are related to criminal acts
Acts of fraud or threats against the Company, other users of the Service, or other third parties
Acts that offend public order and morals
Acts that infringe on the intellectual property rights, portrait rights, rights to privacy, honor, or other rights or interests of the Company, other users of the Service, or other third parties
Transmitting information to us or other users of the Service through the Service that falls under or is deemed by us to fall under any of the following :
Information that contains excessively violent or cruel expressions
Information that contains computer viruses or other harmful computer programs
Information that contains expressions that defame or discredit us, other users of the Service, or other third parties
Information that contains excessively obscene expressions
Information that includes expressions that promote discrimination
Information that encourages suicidal or self-injurious behavior
Information that encourages the inappropriate use of drugs
Information including antisocial expressions
Information that calls for the spread of information to third parties, such as chain mail
Information that includes expressions that may cause discomfort to others
Information that places an excessive load on the network or system of this service
Reverse engineering or other analysis of the software or other systems provided by the Company
Acts that may interfere with the operation of this service
Unauthorized access to the Company's network or systems, etc.
Impersonation of a third party
Using the IDs or passwords of other users of the Service
Advertising, publicity, solicitation, or sales activities on the Service that are not authorized in advance by the Company
Collection of information of other users of the Service
Actions that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
Provision of benefits to antisocial forces, etc.
Actions for the purpose of meeting people of the opposite sex whom one has not met
Actions that directly or indirectly cause or facilitate any of the aforementioned actions.
Attempting to commit any of the aforementioned acts.
Any other acts that the Company deems inappropriate.
Article 19. Suspension of the Service, etc.
In any of the following cases, PEILATEIS LIMITED reserves the right to suspend or discontinue providing all or part of the Service without prior notice to the User.
In the event of an emergency inspection or maintenance of the computer system pertaining to the Service
In the event of failure of computers, communication lines, etc., malfunction, mishandling, excessive concentration of access, unauthorized access, hacking, etc., making it impossible to operate this service
When the operation of this service becomes impossible due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
In any other cases where the Company deems it necessary to suspend or discontinue the Service.
The Company may change the contents of the Service or terminate provision of the Service at the Company's convenience.
In the event that PEILATEIS LIMITED terminates provision of the Service, PEILATEIS LIMITED shall give prior notice to the user in a manner prescribed by Minebea.
PEILATEIS LIMITED shall not be liable to compensate the User for any damages incurred by the User due to the suspension of the Service, etc. as stipulated in this Article, for any reason whatsoever.
Article 20 Cancellation of Registration, etc.
If any of the following grounds apply to a user, the Company may, without prior notice or demand, delete or hide the posted data, temporarily suspend the user from using the Service, or, if the user is a user, terminate the user's registration as a user. If the user is a user, the Company may terminate the user's registration as a user.
If a user violates any of the provisions of these Terms of Use
If it is found that there is any false fact in the registration information
(2) If the User becomes insolvent, or has petitioned for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other similar proceedings.
If you have not responded to our inquiries or other communications requesting a response for 30 days or more
If any of the items of Article 3, Paragraph 4 applies; or
In any other cases in which we deem it inappropriate for you to use the Service or to continue your registration as a user.
In the event of any of the events listed in the preceding paragraphs, the User shall lose the benefit of time for all debts owed to the Company, and shall immediately make payment of all debts owed to the Company.
Article 21 Termination of Use of the Service, etc.
A User may terminate use of the Service at any time by deleting his/her account or by any other method prescribed by the Company. A User who terminates use of the Service will no longer be able to use the Service from the time of such termination.
If a User loses the right to use the Service, for whatever reason, including accidental account deletion, the User agrees in advance that the User will not be able to use his/her account, posted data, or other information accumulated on the Service.
The User shall not be exempted from all obligations and liabilities (including but not limited to compensation for damages) to the Company and third parties under this Service Agreement even after the termination of use of the Service. (2) The User shall not be exempted from all obligations and liabilities (including but not limited to compensation for damages) under this Service Agreement to the Company and third parties even after termination of the Service.
Even after a user terminates use of the Service, the Company may retain and use the information provided by the user to the Company.
When a user terminates use of the Service, we may, at our discretion, delete the account of such user without prior notice, and the user agrees that any and all contents in the Service, etc. remaining at the time of termination may be deleted.
In the event of the death of a User, such User's account, User information, and other information accumulated in the Service, etc. shall be deleted, and the right to use the Service and the Service, etc. shall not be subject to inheritance.
Article 22 Processing after Termination of Contract
The Company may delete all data pertaining to the Service after termination of the contract for any reason.
Article 23 Disclaimer of Warranties and Disclaimer of Liability
(1) We do not warrant, either expressly or impliedly, that the Service will be fit for your particular purpose; that the Service will have the expected functionality, commercial value, accuracy, or usefulness; that your use of the Service will comply with applicable laws, regulations, or internal rules of any industry organization; that the Service will be continuously usable; or that defects will not occur. (2) We make no warranty, either express or implied, that the Service will be of value, accurate, or useful to you.
We shall be liable for damages incurred by the user in connection with the service only to the extent of ordinary damages (excluding special damages, lost profits, indirect damages, and attorney's fees) actually and directly incurred. The maximum amount of damages shall be limited to 100 HKD.
The Company does not guarantee that this application is compatible with all information terminals, and the user acknowledges in advance that malfunctions may occur in the operation of this application due to OS upgrades, etc. of the information terminal used to use this application. We do not guarantee that such defects will be resolved by our modification of the program, etc. in the event of such defects.
Any transactions, communications, disputes, etc. arising between the user and other users or third parties in connection with the Service or the Application, etc. shall be resolved by the user at his/her own responsibility.
Article 24 Confidentiality
User shall treat as confidential any non-public information disclosed by Company to User in connection with the Service, which Company requires User to treat as confidential, except with the prior written consent of Company.
Article 25 Handling of User Information
The Company's handling of user information shall be governed by the separate Privacy Policy (https://www.peilateis.com/privacy-policy), and the user agrees to the Company's handling of user information in accordance with this Privacy Policy. We may, at our discretion, use and disclose information, data, etc. provided by users to us as statistical information in a form that does not identify individuals, and users shall not object to this. Users shall be responsible for handling any claims, disputes, etc. arising from the inclusion of personal information in posted data at their own responsibility and expense, and the Company shall not be liable for any such claims, disputes, etc. The Seller may use user information obtained through the Service only within the scope of use of the Service, and may not use it for any other purpose.
Article 26 Modification of Terms and Conditions, etc.
The Company may modify this Agreement as deemed necessary by the Company. In the event of modification of this Agreement, the Company shall publicize or notify the User of the effective date and content of the modified Agreement by posting on the Application or by other appropriate means. However, in the case of changes that require the consent of the user under the law, the consent of the user shall be obtained in a manner prescribed by the Company.
Article 27 Communication/Notification
Inquiries regarding the Service and other communications or notifications from the user to the Company, as well as notifications regarding changes to the Terms of Use and other communications or notifications from the Company to the user, shall be made in the manner prescribed by the Company.
If we contact or notify you at your e-mail address or other contact address included in your registration, you will be deemed to have received such contact or notification.
Article 28 Assignment, etc. of Status under Service Usage Contract
User may not assign, transfer, grant security over, or otherwise dispose of User's position in the Usage Contract or rights or obligations under these Terms of Use to a third party without prior written consent of Company.
In the event that we transfer the business related to the Service to another company, we may transfer the position under the service agreement, rights and obligations under the Terms of Use, and the user's registered items and other customer information to the transferee of such business transfer, and the user agrees to such transfer in advance in this paragraph. The User shall be deemed to have agreed in advance to such transfer in this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
Article 29 Severability
If any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 30 Governing Law and Court of Jurisdiction
These Terms of Use and Service Usage Agreement shall be governed by the laws of HONG-KONG.