KENKEY Terms of Use

Article 1 (Scope of Application of the Terms)

1. All agreements, special agreements, and regulations that the Company stipulates with regard to the Service shall apply as the parts of the Terms (hereinafter collectively referred to as "the Terms"). In this case, should there be any conflict between the Terms and any of the provisions of the other agreements, special agreements, and regulations, the provisions of the other agreements, special agreements, and regulations shall prevail. In addition, unless otherwise specially specified, the terms defined in the Terms shall have the same meanings in the other agreements, special agreements, and regulations.
2. The Company may revise all or parts of the Terms by notifying the User on the Site or in writing (including email, the same shall apply hereinafter). In this case, the terms and condition of using the Service after the effective day of the said notification shall subject to the revised version of the Terms.

Article 2 (Provision of the Service)

1. The categories, contents, and any other details of the Service shall be determined by the Company and shall be as posted on the Site or shown on the sales materials separately.
2. The Company will post an operating environment that is necessary or recommended for use of the Service on the Site. The User shall retain the use of the operating environment at his or her own expense and responsibility.

Article 3 (Compensation for the Service)

1. Unless otherwise specified, compensation for the Service shall be free.
2. When providing a paid service, the Company will separately post the fees, payment method, and any other necessary information.

Article 4 (Membership Registration)

1. Among the Services that require membership registration specified by the Company, the application for registration shall be made in accordance with the procedures specified by the Company.
2. The Company may, at its discretion, refuse an application for membership registration. Even in such case, the User shall not be entitled to make a claim or file an objection, and the Company shall assume no obligations for explaining the reason for such refusal.

Article 5 (Notification)

1. When having judged it necessary to notify the User, the Company will notify the applicable User by the notification feature inside of My Page for the registered member, or by email, postal mail, telephone, facsimile, or any other appropriate means to the destination that the User provided to the Company. In this case, notification shall be deemed to have reached the User at the time when such notification should normally arrive even in the case of non-arrival or delayed arrival of the notification.
2. Any question or inquiry about the Service shall be made by the inquiry form at the Site, by telephone, email, or postal mail to the Company. The Company will not accept a visitor or an inquiry of any other means.

Article 6 (Handling of Information on the User)

1. The Company will appropriately handle the personal information of the User in accordance with the Act on the Protection of Personal Information of Japan, and the "Privacy Policy" that have been stipulated and posted on the Site by the Company.
2. In addition to the preceding paragraph, the Company will exercise due diligence as a good manager in the handling of business secrets of the User based on the purpose of the Service.
3. The Company may use Cookies and similar technology for the purpose of improving the convenience of the Service, improvement of the Site, displaying optimal contents, and distributing advertisements to the User, as well as for use of the browsing history in marketing activities in such a form not to identify an individual.
4. If User call the phone number starting with 050 shown on the specific item details pages of the Site, such User can buy the item from the Exhibitor who is using said phone number without membership registration. Provided, however, that the Company will use outsourcing contractor to record the conversations of the said User, incoming call amount and call time duration of the said phone number for the purposes of marketing and developing new services or functions. Recorded data will be saved to the Company's server for a certain period of time.
5. Except in the case referred to in the preceding paragraph, in the case that User without membership registration sent an inquiry to the Exhibitor in regard to the product listed on the Site, such User needs to register as General Member for reading the response of the Exhibitor or starting the negotiation.
6. The User acceptance and consent to receive e-mail newsletters and other e-mails providing information about Service, product, campaigns etc. (hereinafter referred to as "e-mail newsletters") and the questionnaire research or the like in regard to the User's utilization status of the Service (hereinafter referred to as "questionnaire") executed by the Company or its business partners. Where the User is to reject reception of e-mail newsletters or questionnaire from the Company or its business partners, such User may unsubscribe from the link written in the e-mail newsletters or in any other manner stipulated by the Company.

Article 7 (Intellectual Property Rights)

1. The User shall use the Service while paying respect to the intellectual property rights of the Company, such as registered trademarks and copyrights. Indications of KENKEY BIGLEMON, etc., shall be a part of the intellectual property rights of the Company in Japan and other countries.
2. The copyrights, portrait rights, and any other rights regarding all the sentences, photos, videos, and other contents to be posted on the Site and emails from the Company shall belong to the Company or third parties who have granted a license to the Company and shall not belong to the User. Unless otherwise specified by the Company, the User shall be granted permission only to view these contents by the method designated by the Company and shall be prohibited from performing any act of using them, such as reproduction or reprinting, as well as modification and creation of derivative works.
3. The copyrights and any other rights regarding all the software and the contents that may be downloaded from or available on the Site or attached to an email from the Company shall belong to the Company or any third parties who have granted a license to the Company and shall not belong to the User. Unless otherwise stipulated by the Company, the User shall be granted the nontransferable right only for use within the minimum necessary range to view the Site or for use of the Site privately and non-commercially with regard to this software.
4. The copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) regarding the sentences, photos, illustrations, and contents (hereinafter referred to as "the Contents") posted on the Site by the User shall be transferred to and belong to the Company upon posting. In addition, the User shall authorize the Company to use the Contents and shall not exercise the moral rights of the author with regard to such use.

Article 8 (Transactions and Communications with Other Business Operators)

1. Regarding any information displayed or posted on the Site by a business operator other than the Company, another user, and any person other than the Company, the User shall check and judge the information at his or her own responsibility.
2. In the event the User performs transactions with Another Business Operator etc. through the Service or through the phone negotiation, the Company will not give any warranty, recommendation, agency, intermediary, mediation, or solicitation about the transactions.
3. Any dispute regarding the transactions between the User and Another Business Operator etc., the User shall settle them at his or her own expense and responsibility.
4. The User understand and consent that the prohibition on the use of the Service to send an inquiry of the product listed on the Site or make a successful bid on the product of KENKEY Tender without true intention of using the Service.

Article 9 (Link and Advertisement)

1. The Company may make a link to another site from the Site. The Company will not give any warranty about the linked site and will not assume any liability.
2. The Company may post an advertisement for Another Business Operator etc. at the Site.

Article 10 (Responsibility of the Company and Scope of Responsibility)

1. The Company may suspend or terminate the provision of the Service in whole or in part without prior notice.
2. There may be a delay or interruption in the exchange of information due to the suspension of service.
3. The Company will not warrant the accuracy of information, the Contents, and the details of contributions posted on the Site.
4. The Company will implement security measures satisfying the standards that the Company considers reasonable; however, the Company does not warrant the completeness of such measures.
5. Without assuming the obligation to retain, the Company can appropriately organize, transfer, or delete any information that the User has posted on the Site.
6. The Company will not assume any liability for damage incurred by the User arising from the reason stipulated in each of the preceding paragraphs.
7. The Company will not assume any liability for damage incurred by the User arising from free services.

Article 11 (Prohibited Matters)

1. When using the Service, the User shall be prohibited from any act falling into any of the items specified in the Terms (e.g., infringing intellectual property, unauthorized access, etc.).
2. The Company will not assume the obligation to monitor whether acts stipulated in each of the items are done or not on the Site or the Service.
3. The Company shall be entitled to request that the User submit data and give any other cooperation in order to investigate the presence or absence and the details of any acts stipulated.

Article 12 (Suspension of Use)

1. The Company shall, at its own discretion, be entitled to take steps such as suspending or restricting the Service or deleting membership registration without prior notice.
2. The User shall not be entitled to make a claim or file an objection to the steps in the preceding paragraph.

Article 13 (Compensation for Damages)

In the event the Company incurs damages due to the User's breach of the Terms or the representation and warranty he or she has made to the Company or due to the User's willful misconduct or negligence, the User shall compensate the Company for all damages and expenses (including attorneys' fees).

Article 14 (Severability and Entire Agreement)

1. In case any part of the provisions in the Terms is judged invalid or unenforceable, such provision shall be deemed to have been replaced by a valid and enforceable provision.
2. The Terms shall constitute the entire agreement between the User related to the Service and the Site and the Company.

Article 15 (Elimination of Antisocial Forces)

1. The Company will not execute transactions with antisocial forces.
2. The User, by use of the Service, shall be deemed as having represented and warranted that the User is not an anti-social force.
3. Where the User has breached the representations and warranties, the Company shall immediately suspend provision of the Service.

Article 16 (Territories, Governing Laws, and Court Jurisdiction)

1. The Service shall be provided only to the residents in the target territories determined and posted by the Company.
2. The Terms, the Site, and the Service shall be governed by the laws of Japan.
3. Any disputes arising in connection with the Terms, the Site, or the Service shall be settled at the Tokyo District Court or the Tokyo Summary Court.

Article 17 (Languages)

The Japanese language version of the Terms shall be the official text and shall be construed accordingly.

Article 18 (Standard Form Agreement)

The Terms shall have the nature of a standard form agreement under the revised Civil Code to enter into force from April 2020.