Terms of Service
- (Application of Terms of Service)
- These 'ShareFair Markets Terms of Service' (hereinafter referred to as 'these Terms') are intended to define the rights and obligations between ShareFair, Inc. (hereinafter referred to as 'the Company') and users (hereinafter referred to as 'Users') regarding the use of 'ShareFair Markets' (hereinafter referred to as 'the Service'), and to define the rights and obligations between Users who purchase market research reports and other publications (hereinafter referred to as 'Reports, etc.') using the Service and the publishers and other sellers of such Reports, etc. (hereinafter referred to as 'Publishers, etc.').
- The Company provides the Service under the conditions set forth in these Terms. The Company may change these Terms as necessary, in which case the Company will promptly publish the revised Terms on its website. Users shall comply with the revised Terms.
- The Company may establish detailed rules, guidelines, and other regulations applicable to Users regarding the use of the Service. If the Company establishes such regulations, it will publish them on its website. Such regulations shall constitute a part of these Terms.
- (The Service)
- The Company is an agent authorized to conclude sales agreements for Reports, etc., with Users on behalf of Publishers, etc. The Service consists of the Company selling Reports, etc., on behalf of Publishers, etc., on the website for purchasing Reports, etc., established by the Company.
- A sales agreement between a User and a Publisher, etc., for a Report, etc., is concluded when the User places an order for the Report, etc., to the Company using the Service, and the Company accepts said order.
- The Company shall deliver the Reports, etc., to the User in accordance with the delivery schedule and method specified for each individual Report, etc., and the User shall pay the price of the Reports, etc., to the Company in accordance with the payment method and deadline specified for each individual Report, etc.
- (Compliance and Prohibited Acts)
- Users shall use the Service in compliance with applicable laws, regulations of self-regulatory organizations, and these Terms.
- In using the Service, Users shall not engage in any of the following acts or any acts that the Company deems to fall under any of the following:
- Acts that violate laws, are contrary to public order and morals, or are related to criminal acts
- Acts that place an excessive load on the Service's network or systems
- Acts that may interfere with the operation of the Service
- Unauthorized access to the Company's network or systems, or transmitting information containing computer viruses or other harmful computer programs
- Impersonating a third party or providing another person's personal information to the Company
- Providing false information or materials to the Company when using the Service
- Providing benefits to anti-social forces
- Acts that infringe or may infringe on the copyrights (including rights under Articles 27 and 28 of the Copyright Act) or other intellectual property rights of Publishers, etc., or other third parties regarding Reports, etc.
- Using Reports, etc., in a manner contrary to the usage methods specified by the Publisher, etc., for individual Reports, etc.
- Directly or indirectly causing or facilitating any of the preceding acts
- Attempting any of the preceding acts
- Any other acts that the Company deems inappropriate
- (User Registration)
- Users may apply for user registration to use the Service by agreeing to comply with these Terms on the Company's website, providing the information and materials specified by the Company as necessary for user registration (hereinafter referred to as 'User Registration Information, etc.') in the manner prescribed by the Company, and completing other procedures prescribed by the Company. By registering as a user, you can purchase Reports, etc., more quickly and easily, and also use additional services provided by the Company in conjunction with the Service. The Company may, at its discretion, request that users wishing to register (hereinafter referred to as 'User Registration Applicants') provide additional identification documents and other information and materials.
- The Company will determine whether to approve the user registration of a User Registration Applicant, and if the Company approves the registration, it will notify the User Registration Applicant to that effect. Upon this notification, the user registration of the User Registration Applicant shall be deemed complete.
- If the Company determines that a User Registration Applicant falls under any of the following items, the Company reserves the right to reject the application of said User Registration Applicant and to refuse all use of the Service in the future:
- If the User Registration Applicant does not exist
- If the User Registration Applicant is under 20 years of age
- If the information or materials submitted by the User Registration Applicant to the Company at the time of user registration contain false facts
- If the User Registration Applicant has been subject to forced cancellation in the past based on these Terms or the terms of other services provided by the Company
- If the Company otherwise deems it inappropriate to approve the user registration
- Registered Users shall promptly provide the Company with updated information in the manner prescribed by the Company if there are any changes to their User Registration Information, etc. In addition, if the Company requests the submission of materials related to such changes, the Registered User shall promptly comply.
- (Responsibility for ID and Password Management)
- Registered Users shall be responsible for managing and storing the ID and password issued by the Company for the Service, and shall not lend, transfer, change the name of, sell, or otherwise allow a third party to use them, regardless of the method.
- The Registered User shall be solely responsible for any damages resulting from inadequate management of the ID and password, errors in storage, or unauthorized use by a third party, and the Company shall bear no responsibility whatsoever.
- If a Registered User discovers that their ID or password has been lost, stolen, or used by a third party, they shall immediately notify the Company to that effect and follow the Company's instructions.
- Registered Users shall, at their own expense and responsibility, maintain security, including preventing computer virus infections, unauthorized access, and information leaks, according to their own usage environment.
- (Deregistration)
- Registered Users may cancel their user registration at any time by the method separately specified by the Company.
- (Handling of Personal Information)
- The Company shall handle personal information provided by Users in connection with the use of the Service in accordance with the Sharefair Privacy Policy separately established by the Company, and Users shall consent to this.
- (Intellectual Property Rights)
- All intellectual property rights and other rights related to the Service and the software and other technologies used by the Company in the Service belong to the Company.
- The license to use the Service under these Terms does not imply a license to use the Company's intellectual property rights related to the Service.
- (Confidentiality)
- Users shall treat as confidential any non-public information disclosed by the Company to the User in connection with the Service, except with the prior written consent of the Company.
- (Anti-Social Forces)
- The User represents, warrants, and covenants that the User is not an anti-social force (meaning an organized crime group member, etc. (an organized crime group, a member of an organized crime group, a person who has not passed five years since ceasing to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a group engaging in criminal activities under the guise of social movements, etc., or a special intelligence violent group, etc., or other similar persons), or a person falling under any of the following. The same shall apply hereinafter), and will not be an anti-social force in the future:
- Having a relationship in which it is recognized that an organized crime group member, etc., controls the management
- Having a relationship in which it is recognized that an organized crime group member, etc., is substantially involved in the management
- Having a relationship in which it is recognized that an organized crime group member, etc., is being used unfairly for the purpose of seeking illicit gains for oneself or a third party or for the purpose of causing damage to a third party
- Having a relationship in which it is recognized that funds, etc., are being provided or conveniences are being offered to an organized crime group member, etc.
- Having a relationship in which an officer or a person substantially involved in the management has a socially reprehensible relationship with an organized crime group member, etc.
- The User represents, warrants, and covenants that the User is not an anti-social force (meaning an organized crime group member, etc. (an organized crime group, a member of an organized crime group, a person who has not passed five years since ceasing to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a group engaging in criminal activities under the guise of social movements, etc., or a special intelligence violent group, etc., or other similar persons), or a person falling under any of the following. The same shall apply hereinafter), and will not be an anti-social force in the future:
- (Defects or Non-Conformity of Reports, etc.)
- If a User discovers a quantity shortage or quality defect (including but not limited to missing pages, stains, file corruption, and other similar issues; hereinafter the same in this article) in a Report, etc., purchased using the Service, the User shall notify the Company within 5 days. Upon receiving such notification, the Company shall, without delay and at its own expense, make an additional delivery or deliver a replacement. The provisions of these Terms shall also apply to additional deliveries and deliveries of replacements, with the date of the additional delivery or the date of the delivery of the replacement being deemed the date of delivery.
- Notwithstanding the preceding paragraph, if a quality defect or other issue not discovered by the User is discovered, the Company shall only deliver a replacement or refund the price, provided that the User notifies the Company to that effect within 6 months from the time of delivery.
- (Warranty and Damages)
- Users shall use the Service at their own risk, and the Company and Publishers, etc., make no warranties whatsoever regarding the completeness, accuracy, usefulness, reliability, legality, or any other aspect of the Service and Reports, etc. The Company and Publishers, etc., do not guarantee to the User the achievement of the User's or its organization's purpose of using the Service, improvement in business performance, achievement of projects or other business goals, or any other results in the User's or its organization's, and shall not be liable for the results of the User's use of the Service and Reports, etc.
- The Company and Publishers, etc., shall not be liable for any disputes arising between a User and a third party regarding the use of the Service and Reports, etc. Such disputes shall be resolved between the parties, and if the Company or a Publisher, etc., suffers damages or incurs expenses as a result of such dispute, the User shall compensate the Company or Publisher, etc., that suffered the damages for all such damages and expenses (including attorney's fees incurred by the Company or Publisher, etc.).
- If the Company or a Publisher, etc., suffers damages or incurs expenses due to or in connection with a User's violation of these Terms, the User shall compensate the Company or Publisher, etc., that suffered the damages for all such damages and expenses (including attorney's fees incurred by the Company or Publisher, etc.).
- (Suspension, Interruption, and Termination of the Service)
- The Company may suspend or interrupt all or part of the use of the Service without prior notice to the User if any of the following apply:
- When performing inspections or maintenance work on the computer systems used for the Service
- When the operation of computers, communication lines, or other equipment and environments necessary for the use of the Service is suspended or interrupted
- When the provision of the Service becomes impossible due to force majeure such as an earthquake, fire, or power outage
- When the User violates these Terms
- When the Company is unable to contact the User
- In addition to the preceding items, when the Company deems it necessary or appropriate to suspend or interrupt the provision of the Service
- The Company may terminate the provision of the Service for any reason. In this case, the Company shall notify the User in advance.
- The Company shall not be liable for any damages incurred by the User as a result of measures taken in accordance with the preceding two paragraphs.
- The Company may suspend or interrupt all or part of the use of the Service without prior notice to the User if any of the following apply:
- (Forced Cancellation)
- If the Company determines that a User falls under any of the following items, the Company may suspend the provision of the Service to said User or terminate the Service with said User, and thereafter refuse to provide any of the Service to said User:
- If the User violates these Terms and fails to rectify the violation within a reasonable period after the Company has requested rectification (however, if the User's violation of these Terms is serious, or if the User repeatedly violates these Terms and the Company determines that there is no prospect of improvement, the Company may immediately suspend the provision of the Service or terminate the Service)
- If it is discovered that the User is an anti-social force
- If grounds for a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other insolvency proceedings arise, if the User is subject to seizure or other compulsory execution or provisional seizure or other provisional disposition, if payments are suspended, or if the User is subject to business suspension, suspension or revocation of licenses, or other administrative dispositions
- If a violation of the representations and warranties regarding User Registration Information, etc., is discovered for a Registered User
- In addition to the above items, if the Company determines that the use of the Service by said User is inappropriate for the operation of the Service or interferes with the provision of the Service
- Even if a User suffers any damages as a result of the Company terminating the Service based on the preceding paragraph, the Company shall not be liable in any way.
- If the Service is terminated based on paragraph 1, the User shall lose the benefit of the term for any outstanding debts for Reports, etc., unpaid usage fees, and other debts to the Company or Publishers, etc., under these Terms at the time of termination, and shall immediately pay said debts to the Company or Publishers, etc.
- If the Company determines that a User falls under any of the following items, the Company may suspend the provision of the Service to said User or terminate the Service with said User, and thereafter refuse to provide any of the Service to said User:
- (Prohibition of Assignment, etc.)
- Users may not, without the prior written or electromagnetic consent of the Company, assign, transfer, create a security interest in, or otherwise dispose of their contractual status under these Terms or their rights or obligations under these Terms to a third party.
- If the Company transfers its business to a third party, the Company may transfer its contractual status and obligations under these Terms to said third party, and the User shall consent to this in advance.
- (Severability)
- Even if any provision of these Terms is invalid, in violation of, or unenforceable due to being contrary to laws, regulations, or public order, the other provisions of these Terms shall not be invalid, in violation of, or unenforceable. In addition, if a court finds a provision of these Terms to be invalid, in violation of, or unenforceable, said provision shall be interpreted restrictively to the extent necessary to become valid and enforceable.
- (Governing Law and Jurisdiction)
- The governing law of these Terms shall be the laws of Japan, and the Tokyo District Court shall be the exclusive court of first instance for all disputes arising out of or in connection with these Terms.
- (Good Faith Consultation)
- If any matters not stipulated in these Terms or any doubts regarding the interpretation of these Terms arise, the User and the Company or the Publisher, etc., shall endeavor to resolve them through sincere consultation with each other.
Enacted: June 1, 2023