USER POLICY

USER POLICY

Terms of Service

 

Terms of Service

“The Terms of Use provide for the matters to be observed by the users and other rights and obligations between MAHARAJAYA (hereinafter “we”) and the users in connection with the use of the service provided by us on the Internet under the name of “MAHARAJAYA”. Users of the service are required to confirm the contents of the terms of use in advance and agree to this terms of use.”

Article 1 – Definitions

The definitions of terms used in the Terms of Use shall be as set forth in the following items.

1. “This Site” means a Website operated by us, involving a group of Web pages belonging to the “maharajyaya.net” domain.
2. “This Service” means the service provided by us on this Site under the name of “MAHARAJAYA”, and the service involving the contents set forth in Article 3.
3. “Users” means all individuals and legal entity using this Site.

Article 2 – Scope of application and alteration of this Terms of Use

1. The purpose of the Terms of Use is to stipulate the terms and conditions of use of this service and other rights and obligations between us and the users with respect to the use of this service, and it applies to us and the users. Users are required to read in its entirety and agree to the Terms of Use before using this service. Further, in case users use this service, the users are deemed to have agreed to the Terms of Use.
2. We may stipulate individual terms and conditions that are incidental to this Terms of Use, and precautions for use, etc.(hereinafter “individual terms and conditions, etc.”) The individual terms and conditions, etc. shall constitute a part of the Terms of Use, and if any discrepancies between the Terms of Use and the individual terms and conditions, etc. are, the individual terms and conditions, etc.shall take precedence.
3. We may, at our discretion, alter the Terms of Use and the individual terms and conditions, etc. without requiring prior notice to users or any other procedures. Alteration of the Terms of Use or the individual terms and conditions, etc. shall take effect when the altered Terms of Use or individual terms and conditions, etc. are posted on the Site.

Article 3 – This Service

Specific details of this Service provided by us to users shall be set in the following items.

1. Provision of goods information
Provision of information (hereinafter “goods, etc. information”) on foodstuff (hereinafter “goods, etc.”) sold by us
2. Provision of product search function
Provision of a system that, by specifying a product category, extracts and lists products and so on that match the specified conditions.
3. Transmission of order information to us
Transmission of order information received from users through this service (including the users’ personal information) to us
4. Provision of incidental service
Provision of related service that is incidental to service listed in the preceding items.

Article 4 – Payment for Goods, etc.

Consideration for products, etc., purchased through this service by users shall be made by the users at the time the users purchase or reserve the products on this service. Further, users’ obligation to pay for products, etc., shall be extinguished at the time of payment to us in accordance with this Article.

Article 5 – Handling of Users’ Information

1. We shall handle the information provided by users to us using this service in accordance with our privacy policy, which is separately stipulated by us. Users agree in advance that we will handle such information in accordance with our privacy policy.
2. We may, at its discretion, use and disclose the information provided by users to us as statistical information in a form that does not identify the individual, and the users agree such usage and disclosure.

Article 6 – Intellectual Property Rights

The intellectual property rights on text, images, videos, site design, layout, trademark, mark, and all other miscellaneous information included in this site belong to us. Users may not use such information without our prior consent.

Article 7 – Prohibition

On using this Service, users shall not engage in any of the following acts or any act that we deem to be likely to result in any of the following acts.

1. Any actions that violate laws and regulations or the Terms of Use, actions related to criminal acts, or actions that offend public order or good morals
2. Any actions that infringe on the property right (including intellectual property right), moral right (right of honor, right of publicity, right of privacy) or other rights, or that damage to credit of us or other third parties.
3. Impersonating a third party or actions providing false information when placing an order
4. Transmitting or writing harmful computer program, e-mail, etc.
5. Excessive overloading or unauthorized access to servers and our other computers used to provide this service
6. Any actions interfering with the operation or maintenance of this service
7. In addition to the preceding items, any actions that we deem inappropriate

Article 8 – Refusal of Use, etc.

(1) If users fall under any of the following items, we may take necessary measures to deny the users access to this site or the users’ use of this service, or delete the member registration of the users. In such cases, we are under no obligation to disclose the reason for such action to the users.
1. If we deem that users have violated or are likely to violate any provisions of the Terms of Use, or have violated any provisions in the past
2. If any information which you provide to us (including registration information) is found to be false
3. If there are frequent complaints against users from our personnel who have conducted transactions with the User in the past
4. If it is known that users are, or was in the past, a member of an organized crime group, a group affiliated with an organized crime group, a person affiliated with an organized crime group, or any other anti-social forces (hereinafter “organized crime group, etc.”)
5. If users fail to pay on time price of goods purchased using this service or any other debt owed by users in connection with the use of this service, or if the users fail to pay in the past
6. If users itself file a petition for the commencement of bankruptcy proceedings, ciil rehabilitaion proceedings, corporate reorganization proceedings, special proceedengs or similar proceedings, or if a third party files a petition for the commencement of such profeedings
7. If we are unable to contact users
8. In addition to the preceding items, if we deem access to this site or use of this service to be inappropriate
(2) In the event of any of the events listed in each item of the preceding paragraph, the users shall naturally lose the benefit of time with respect to all debts owed to us, and shall immediately make payment of all debts.
(3) In no event shall we be liable for any damages users sustained due to any action taken by us pursuant to this Article.

Article 9 – Temporary suspension of this service

(1) In order to ensure that users can always use this service in good condition, we may suspend provision of all or part of this service for a certain period of time without prior notice to users or any other procedures in the following cases.
1. If it is necessary to inspect, maintain, repair, supplement, improve and so on whether on a regular or emergency basis) servers or software used to provide this service
2. If trouble with serves, software et. used to provide this service, power supply outages, network trouble and so on arise
3. If we reasonably deem that the normal offer of the service will be disrupted such as if the system is overloaded
4. If we deem it necessary for other operational or technical reasons to do so
(2) Except in the case of bad faith or gross negligence on us, in no event shall we be liable for any damages users sustained due to any action taken by us under the preceding paragraph.

Article 10 – Alteration, Disestablishment

1. We may, at its discretion, alter the contents of this service or disestablish providing this service in whole or in part.
2. In no event shall we be liable for any damages users sustained due to any action taken by us under the preceding paragraph.

Article 11 – Indemnification

1. If we are obligated to notify users, we shall be deemed to have fulfilled its obligation by sending a notification to a telephone number or e-mail address that the users have registered in advance or entered at the time of temporary use.
2. In no event shall we be liable for any and all damages users sustained due to the users’ inability to use this service.
3. After we notified users that an order has been accepted, we may notify the users that the order will be canceled if we are unable to accept the order due to our availability.
4. In no event shall we not be liable for any interruption, suspension, unavailability, or modification of this service by us, deletion or loss of users’ messages or information, cancellation of orders, loss of data or breakdown or damage to equipment due to use of this service, or any other damages users sustained in connection with this service.
5. Even if links from this service to other sites or links from other sites to this service are provided, in no event shall we be liable for any sites other than this service and information obtained therefrom for any reason whatsoever.
6. In no event shall we be liable for any damages to users based on the transmission or receipt of information including computer viruses or other harmful computer programs.

Article 12 – Force Majeure

In the event of failure, fault, malfunction of servers or software, or suspension and so on of in whole or in part of this service due to force majeure such as power outages, communication line accidents, natural disaster and so on, failure of telecommunication carriers, fault of an Internet communication line, system fault of servers and so on or occurrence of emergency maintenance, or other reasons beyond the control of us, in no event shall we be liable for any damages users sustained due to the above.

Article 13 – Assignment of this Agreement

1. The Company may transfer (i) its position as operator of this Service, (ii) its own contractual position, rights or obligations under this Agreement, (iii) users’ information and other information necessary for the operation of this Service to a third party through transfer of a business or other reasons, and the users shall consent to such transfer in advance.
2. Users shall not assign or transfer the users’ contractual position, rights or obligations under this Agreement to any third party, or not grant a security interest or otherwise dispose of them, or not have a third party assume them.

Article 14 – Compensation for Damages

1. If users causes damage to us in connection with a use of this service, we may claim compensation from the users for all damages (including attorney’s fees) we sustained.
2. If users sustain damages in connection with a use of this service, we shall be liable to the users for damages only if we are found to be intention or gross negligence in causing the damages. The scope of such compensation shall be limited to direct and actual damages, not including incidental, consequential, special, and future damage, and damages for lost profits.

Article 15 – Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of Japan.

Article 16 – Jurisdiction by Consent

If any disputes between us and users in connection with a use of this service arise, the disputes shall be resolved by the Nara District court as the agreed exclusive jurisdiction.