Terms of service

Terms of Use

These terms of use (hereinafter referred to as the “Terms of Use”) define the conditions of use of all services (hereinafter referred to as the “Service”) provided by Environmental Science Laboratory Co., Ltd. All registered users (hereinafter referred to as “Users”) are required to use the Services in accordance with these Terms of Use.

Article 1 “Application
These Terms of Use shall apply to all relationships between the User and the Company regarding the use of the Service.

In addition to the Terms of Use, the Company may establish rules and regulations regarding the use of the Service (hereinafter referred to as “Individual Regulations”). These Individual Regulations, regardless of their name, shall constitute a part of this Agreement.

In the event of any conflict between the provisions of these Terms and Conditions and the provisions of the Individual Regulations set forth in the preceding paragraph, the provisions of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.


Article 2 “User Registration
Registration for use of the Service shall be completed when a prospective registrant agrees to the Terms of Use and applies for registration for use of the Service in a manner determined by the Company, and when the Company notifies the prospective registrant of its approval of the application.

If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for registration, and shall not be obligated to disclose the reasons.

　(1) The applicant has provided false information when applying for registration.

　(2) If the application is from a person who has violated these Terms of Use.

　(3) In any other case in which the Company deems the registration of use to be inappropriate.


Article 3 “Management of User ID and Password
Users shall manage their user IDs and passwords for the Service at their own responsibility.

User may not, under any circumstances, transfer or lend User ID and password to any third party or share them with any third party. When a user logs in with a combination of user ID and password that matches the registered information, the Company shall consider the use of the Service to be by the user who has registered his/her user ID.

The Company shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of the Company.


Article 4 “Purchase Agreement
A purchase agreement for the Service shall be formed when a user makes a purchase application to the Company and the Company notifies the user that it has accepted the application.

The method of payment for this service and the method of cancellation of a purchase order shall be determined by a separate method determined by the Company.

In the event that a user falls under any of the following circumstances, the Company may cancel the purchase agreement described in the preceding paragraph without prior notice to said user.

　(1) The user violates these Terms of Use.

　(2) In any other case where we deem that the relationship of trust between us and the user has been damaged.


Article 5 “Intellectual Property Rights
Copyrights or other intellectual property rights to photographs, images, and other content provided by the Service (hereinafter referred to as “Content”) belong to the Company, Content providers, and other legitimate right holders, and Users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission. Users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission.


Article 6 “Prohibited Matters
In using the Service, the User shall not engage in any of the following acts

　(1) Acts that violate laws and regulations or public order and morals.

　(2) Actions related to criminal acts.

　(3) Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service.

　(4) Acts that destroy or interfere with the Company's server or network functions.

　(5) Commercial use of information obtained through the Service.

　(6) Acts that may interfere with the operation of our services.

　(7) Any act of gaining or attempting to gain unauthorized access.

　(8) Actions that collect or accumulate personal information about other users.

　(9) Act to impersonate another user.

　(10) Direct or indirect provision of benefits to antisocial forces in relation to the Company's services.

　(11) Other acts that we deem inappropriate.


Article 7 “Suspension of Provision of the Service, etc.
This company shall not be liable for any disadvantage or damage incurred by users or third parties as a result of suspension or interruption of the provision of this service, regardless of the reason.

In the event that the Company determines that any of the following reasons exist, the Company may suspend or discontinue provision of all or part of the Service without prior notice to the User.

　(1) maintenance, inspection, or updating of the computer systems related to the Service

　(2) When provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.

　(3) When computers or communication lines, etc. are shut down due to an accident.

　(4) In any other case in which the Club deems it difficult to provide the Service.　　


Article 8 “Restriction of Use and Cancellation of Registration
The Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company pursuant to this Article.

In any of the following cases, the Company may, without prior notice, restrict a User from using all or part of the Service, or terminate his/her registration as a User.

　(1) If the User violates any of the provisions of these Terms of Use.

　(2) When it is found that there is a false fact in the registration information.

　(3) If the credit card that the User submitted as a means of payment is suspended.

　(4) If the User defaults on payment of fees or other obligations.

　(5) If the User does not respond to communications from the Company for a certain period of time.

　(6) When there has been no use of the Service for a certain period of time since the last use.

　(7) In any other case in which the Company deems the use of the Service inappropriate.


Article 9 “Withdrawal from Membership
A user may withdraw from the Service by following the prescribed withdrawal procedure.

 

Article 10 “disclaimer of warranty and disclaimer of liability
The Company does not warrant that the Service will be free from defects in fact or in law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.). We do not warrant that the Service will be free from defects in any way.

We shall not be liable for any damages incurred by the user as a result of the Service. However, in the event that any contract between the Company and a user (including this Agreement) regarding the Service is not in compliance with the Consumer Contract Act, the Company shall not be liable for any damages incurred by the user. However, this disclaimer does not apply if the contract between the Company and the user for the Service (including this Agreement) is a consumer contract as defined in the Consumer Contract Act, and even in such a case, the Company shall not be liable for any damages caused by the Company's negligence (excluding gross negligence), breach of duty, or tort. However, even in such a case, the Company shall not be liable for any damages arising from special circumstances (including cases where the Company or the user could have foreseen the occurrence of the damage) among damages incurred by the user due to the Company's negligence (excluding gross negligence), breach of duty, or tort. (2) We shall not be liable for any damage arising out of special circumstances (including cases where we or the user could have foreseen the occurrence of the damage) caused by a breach of duty or tortious act by the user.

The Company shall not be liable for any transaction, communication, or dispute between a user and another user or a third party in connection with the Service.


Article 11 “Change of Service Contents, etc.
The Company may change the contents of the Service or discontinue providing the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result thereof.


Article 12 “Modification of Terms of Use
The Company may change the Terms of Use at any time without notice to the User, if the Company deems it necessary. In the event that a user starts using the Service after a modification of the Terms of Use, such user shall be deemed to have agreed to the modified Terms of Use.


Article 13 “Handling of Personal Information
The Company shall properly handle personal information obtained through the use of the Service in accordance with the Company's “Privacy Policy.


Article 14 “Notice or Communication
Notification or communication between a user and the Company shall be made in a manner determined by the Company.

Unless a user notifies us of a change according to a method determined separately by us, we will assume that the currently registered contact address is valid and send notices or communications to that address, which will be deemed to have reached the user at the time they are sent.


Article 15 “Prohibition of Assignment of Rights and Obligations
The User may not assign his/her position in the Usage Agreement or rights or obligations under this Agreement to a third party or offer them as security without prior written consent of the Company.


Article 16 “Governing Law, Jurisdiction
The Terms of Use shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded with respect to the Service.

In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company shall be the court of exclusive jurisdiction.