Terms of service

THE ELEPHANT Terms of Use

These Terms of Use (hereinafter referred to as "these Terms") define the conditions for using THE ELEPHANT (hereinafter referred to as "the Service") provided on this website by LAND Inc. (hereinafter referred to as "the Company"). Registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.

Article 1 (Application)
These Terms shall apply to all relationships involving the use of the Service between the User and the Company.
The Company may establish various rules and regulations (hereinafter referred to as "Individual Regulations") related to the use of the Service in addition to these Terms. These Individual Regulations shall form part of these Terms, regardless of their names.
If the provisions of these Terms conflict with the provisions of the Individual Regulations, the provisions of the Individual Regulations shall take precedence unless otherwise specifically stipulated.

Article 2 (User Registration)
To use the Service, those wishing to register (the "Applicant") must agree to these Terms and apply for registration in accordance with the method specified by the Company. Registration will be completed when the Company notifies the Applicant of its approval.
The Company may not approve registration applications if it determines that the Applicant falls under any of the following circumstances, and the Company has no obligation to disclose the reasons for its decision:

• If false information was provided in the registration application
  
• If the applicant has previously violated these Terms
  
• If the Company otherwise determines the registration is not appropriate
  

Article 3 (Management of User ID and Password)
Users are responsible for managing their User ID and password for the Service.
Users shall not transfer, lend, or share their User ID or password with any third party. The Company will regard any login made using a combination of User ID and password that matches the registered information as being by the User who registered that User ID.
The Company is not liable for any damages caused by the use of the User ID and password by a third party, except in cases of willful or gross negligence by the Company.

Article 4 (Purchase Agreement)
In the Service, a purchase agreement is concluded when the User applies for a purchase from the Company and the Company notifies the User that the application has been approved. The ownership of the product transfers to the User when the Company hands the product to the delivery company.
The Company may cancel the purchase agreement mentioned above without prior notice to the User if any of the following apply:

• If the User violates these Terms
  
• If the product cannot be delivered due to unknown address or long absence
  
• If the Company determines that the trust relationship between the Company and the User has been damaged
  

Regarding payment methods, delivery methods, purchase application cancellation methods, or return methods for the Service, separate methods specified by the Company shall apply.

Article 5 (Intellectual Property Rights)
The copyright or other intellectual property rights for product photos and other content (hereinafter referred to as "Content") provided by the Service belong to the Company, Content providers, or other legitimate right holders. Users may not copy, reproduce, modify, or otherwise make secondary use of the Content without permission.

Article 6 (Prohibited Acts)
Users shall not engage in the following acts in using the Service:

• Acts that violate laws or public order and morals
  
• Acts related to criminal activity
  
• Acts that infringe the intellectual property rights of the Service, including copyright and trademark rights
  
• Acts that destroy or interfere with the functionality of the Company's servers or networks
  
• Acts that commercially use information obtained through the Service
  
• Acts that may interfere with the operation of the Company's services
  
• Unauthorized access or attempts to access
  
• Collecting or storing personal information of other Users
  
• Impersonating other Users
  
• Acts that provide benefits directly or indirectly to anti-social forces in connection with the Company's services
  
• Any other acts the Company deems inappropriate
  

Article 7 (Suspension of the Service)
The Company may suspend or discontinue all or part of the Service without prior notice to Users if it determines any of the following:

• If maintenance or updates are required for the computer systems related to the Service
  
• If the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
  
• If the computer or communication lines stop functioning due to accidents
  
• If the Company otherwise determines that providing the Service is difficult
  

The Company is not responsible for any disadvantages or damages suffered by Users or third parties due to the suspension or interruption of the Service, regardless of the reason.

Article 8 (Usage Restrictions and Registration Deletion)
The Company may restrict all or part of the Service or delete the User's registration without prior notice if any of the following apply:

• If the User violates any of the provisions of these Terms
  
• If it is discovered that there is false information in the registration details
  
• If the credit card registered by the User for payment has been suspended
  
• If the User defaults on payment obligations
  
• If there is no response from the User for a certain period to communications from the Company
  
• If the Service is not used for a certain period since the last use
  
• If the Company otherwise determines that the use of the Service is not appropriate
  

The Company is not responsible for any damages suffered by Users due to actions taken by the Company under this article.

Article 9 (Withdrawal)
Users can withdraw from the Service through the prescribed withdrawal procedures.

Article 10 (Disclaimer of Warranty and Disclaimer)
The Company does not guarantee that there are no factual or legal defects (including safety, reliability, accuracy, completeness, effectiveness, suitability for specific purposes, security, etc.) in the Service.
The Company is not responsible for any damages caused to Users by the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) is a consumer contract under the Consumer Contract Act, this disclaimer does not apply. In such cases, however, the Company is not responsible for any special damages caused by the Company's breach of contract or tort (excluding gross negligence), even if the Company or User foresaw or could have foreseen the occurrence of such damages.
The Company is not responsible for any transactions, communications, or disputes between Users or between a User and a third party in connection with the Service.

Article 11 (Change of Service Content)
The Company can change the content of the Service or discontinue its provision without notifying Users and will not be liable for any damages caused to Users.

Article 12 (Changes to the Terms of Use)
The Company may change these Terms at any time without notifying Users if it deems necessary. If the User starts using the Service after the changes to these Terms, the User is considered to have agreed to the changed Terms.

Article 13 (Handling of Personal Information)
The Company will appropriately handle personal information obtained through the use of the Service in accordance with the Company's "Privacy Policy."

Article 14 (Notifications or Communications)
Notifications or communications between Users and the Company shall be made using the method specified by the Company. The Company will send notifications or communications to the currently registered contact information unless the User submits a change notification following the method separately specified by the Company. Such notifications or communications shall be deemed to have reached the User at the time of transmission.

Article 15 (Prohibition of Transfer of Rights and Obligations)
Users shall not transfer or provide as collateral their status under the usage contract or their rights or obligations under these Terms to a third party without the prior written consent of the Company.

Article 16 (Governing Law and Jurisdiction)
These Terms shall be interpreted in accordance with Japanese law. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded regarding the Service.
In the event of a dispute regarding the Service, the court having jurisdiction over the location of the Company's headquarters shall have exclusive jurisdiction.

End of Document