| Article 1 Objectives |
| This JDA Auction Agent Membership Agreement (below, "Agreement") specifies terms and conditions for when a member is using all services (below, "Services" managed and provided by JDA Co. Ltd. (below, "Company") |
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| Article 2 Terms of Agreement |
| Users who wish to use these services shall fill in personal information required by the Company on the enrolment screen on the Web site managed by the Company, and at the point they carry out registration, shall be deemed to have agreed to the Agreement and completed registration. |
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| Article 3 Eligibility for Registration |
- The applicant shall be a person that corresponds to the following.
- Someone that is 20 years of age or older. However, even if over 20 years of age, if the person is still a minor, or if they have otherwise limited capacity, then the agreement of a legal agent such as their parent or guardian shall be required.
- Someone that has a valid email address with which they can be contacted by the Company.
- Someone that the Company otherwise deems eligible for registration.
- Persons who wish to carry out registration shall provide information required by the Company in order to carry out member registration such as name and email address on the enrolment screen on the Company's Web site, in accordance with procedures as specified by the Company. Membership registration is restricted to one per person.
- If any of the following apply to people who have applied for membership, then their application may not be accepted. Furthermore, if the Company judges that any of the following apply to people who have completed membership registration, then said membership may be revoked.
- The applicant is under 20 years of age.
- The person under whose name the application was made does not exist.
- Their eligibility for membership has been suspended as a result of violating the Agreement or similar at the time of application, or they have been made ineligible for use of this service as a result of past violations of the Agreement.
- In the event of fictitious statements, errors, or omissions in items that the applicant submitted to the Company.
- The applicant has the limited capacity of a minor, or has not obtained the consent of a legal agent for application.
- The applicant has used another persons, or fictitious personal information in the membership application.
- If the applicant is already a member (duplicate membership)
- Where the Company judges that it would be inappropriate for the applicant to become a member.
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| Article 4 Password Management |
| In order to be able to use this service, Members shall use the ID and password set at the time of registration. Members shall be responsible for managing their ID and password, and the Company shall in no way be held responsible for any losses or expenses incurred as a result of fraudulent usage of the ID and password, errors in their usage, their usage by third parties, or unauthorized access. |
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| Article 5 Loan or transfer of Member status |
| Members may not loan or transfer their status to other people. The Company shall in no way be held responsible for any losses or expenses incurred to the Member or other third party arising from the Member loaning or transferring their status. In the event of losses or expenses incurred to the Company that may arise from the Member loaning or transferring their status, then the Member shall compensate the Company for the full sum of said incurred losses or expenses. |
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| Article 6 Confidentiality and protection of Member information |
- The Company shall retain possession of information that the Company has both acquired and registered in the course of its duties regarding this Agreement, including particulars that Members have given to the Company, and information relating to their use of these services (below: "Member Information"). In addition to where specified in this Agreement, the Company shall handle Member Information in an appropriate manner, based upon our privacy policy as specified separately.
- The Company shall not use Member Information for purposes other than in the provision of these services, nor shall it either disclose or provide said information to third parties. However, please be aware that the Member agrees in advance to the use or provision by the Company if the items as specified below apply.
- In order to provide Member Information to third parties or business partners that have been approved by the Company, for the objective of carrying out business processing related to this service.
- In order to send email or mail to Members for advertising, the provision of services, and other notifications from the Company or business partners, groups, advertisers, or affiliated sites.
- In order that the Company can compile and analyze Member Information attributes and data, create data that has been processed in such a way as to remove information that can normally be used to identify individuals, and either use it itself, or provide it to managers at affiliated sites and to third parties that have been approved by the Company for the purpose of marketing, development of new services, or improvements in services.
- In order to send email to Members to obtain their agreement as regards usage of Member Information.
- In order that the Company can notify third parties or concerned authorities, or relevant institutions of information relating to the Member in the event that the Company judges that the Member has behaved in a manner than may disadvantage either other members or third parties.
- For other use of Member Information, or for the provision of services, after having acquired agreement from the Member.
- When based upon a warrant or written inquiry issued by a court, or for disclosure based upon a request from relevant government authorities.
- The Member shall disclose to the Company all items (including, but not limited to regarding written or verbal agreements) relating to complaints, claims, or appeals with the Company, other members, affiliate sites, or business partners that were as a result of the use of this service.
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| Article 7 Changes in reported items |
- The Member can view items submitted to the Company at the time of registration, and Member Information used with the service on the Company web site.
- In the event of changes to items submitted to the Company, the Company requests that the Member submit these changes to the Company immediately. If there are no notifications or if notifications or mail from our Company are delayed in arriving as a result of deficiencies in submitted information; or if these do not arrive at the Member's address, these shall be considered to have arrived normally, and the Company shall not be held responsible even in the event of disadvantage to the Member.
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| Article 8 Notifications to Members |
- Notifications from the Company to the Member, unless as specified otherwise in this Agreement, shall be by email to the address notified by the Member to the Company, through a notice on the Company's web site, or through other methods deemed appropriate by the Company.
- In the event that the notifications in the previous clause are by email, then the Company shall transmit email to the server of the Member's email provider, and the notification shall be considered completed when said email arrives at that server. Please view this notification without delay. In the event that the notifications in the previous clause are by notices on the Company's web site, then the Company shall post said notification on their web site, and the notification to the Member shall be considered completed when the Member is able to access the web site.
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| Article 9 Canceling membership |
- Members may cancel their membership at any time by following the procedures as specified by the Company. By canceling membership, Members will lose all rights appertaining to the use of this service; and Members will lose all rights of claim against the Company.
- A membership shall be considered cancelled upon the death of that Member.
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| Article 10 Suspension or cancellation of membership qualification |
- In the event that any of the following apply to a Member, then the Company may either temporarily suspend or cancel said Member's membership without prior notice.
- If the Company judges that there is no evidence that the Member has used the service, or changed their ID or password for a certain period.
- If it can be proved that any of the reasons detailed in Article 3, Section 3 apply.
- If the ID or password is, or has been used fraudulently.
- If this service has been used for fraudulent ends, or if the Member has allowed another member or third party to use the service.
- In the event of fraud or suspected fraud, or where required in order to prevent fraudulent usage by a third party.
- In the event of a search warrant, provisional search warrant, temporary injunction, procedures for collection of delinquent taxes, bankruptcy, or application for civil proceedings against the Member.
- In the event of violations of any of the conditions in this Agreement.
- In the event of a failure to complete payment of invoiced costs for products sold by the Company, within the time period as specified by the Company.
- Where the Company otherwise judges that the person is not suitable to be a Member.
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| Article 11 Changes or temporary suspension of the service |
| The Company may, without prior notice to Members, change terms and conditions, operating conditions, or details of this service, and in the event of problems in system operation, may temporarily suspend operation of the service. Members shall agree to these conditions. Additionally, the Company shall in no way be held responsible for any disadvantage or damage incurred to Members that may result from said changes. |
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| Article 12 Information provided by this service |
| Information provided by the Company shall be that which the Company is capable of providing at that time. The Company makes no guarantees whatsoever as to the marketability, fitness for purpose, authority, legality, safety, or accuracy of said information, regardless of whether this is specified or not. |
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| Article 13 Scope of Agreement and changes |
- This Agreement shall comprise individual provisions, or any additional provisions that the Company shall notify Members of as needed, as specified on the Company's web site or through other means. In the event that the text of this Agreement differs from individual or additional provisions, then the individual or additional provisions shall have priority.
- The Company shall be able to amend this Agreement at any time without the requirement of obtaining the agreement of Members. In this event, usage conditions for the service shall be as detailed in the Member Agreement after these changes. Unless otherwise specified by the Company, the Member Agreement after these changes shall take effect as of the time that it is displayed on the Company web site.
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| Article 14 Exclusions |
| The Company shall in no way be held responsible for any damages caused to Members as a result of their use of this service, and shall not be obliged to pay any compensation for said damages. In the event that through the use of the service, a Member has caused damages to other members or third parties, then the Company may claim from said Member commensurate compensatory damages. The Company shall in no way bear a responsibility for compensatory damages in the event that it deletes registered Member information, suspends or deletes a Member's eligibility, suspends, interrupts, or stops the service. |
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| Article 15 Applicable law and dispute solution system |
| The Company shall in no way be held responsible for any damages caused to Members as a result of their use of this service, and shall not be obliged to pay any compensation for said damages. In the event that through the use of the service, a Member has caused damages to other members or third parties, then the Company may claim from said Member commensurate compensatory damages. The Company shall in no way bear a responsibility for compensatory damages in the event that it deletes registered Member information, suspends or deletes a Member's eligibility, suspends, interrupts, or stops the service. |
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| [Handling of personal information] Please refer to the Privacy Policy for details regarding the handling of personal information. |
