passage LLC (hereafter referred to as “the Company") hereby sets forth the following JP CONCIERGE Terms of Service (hereinafter referred to as "the Terms") in relation to usage of the shipping concierge service as well as personal concierge service provided by the Company to customers (hereafter referred to as "the Service") Accordingly, customers are required to agree to all relevant terms to use the Service.
Article 1: Individual membership
Individual membership is to be canceled by the account owner in accordance with the procedures prescribed by the Company.
Article 2: Account application
Those who wishing to join individual membership (hereafter referred to as "prospective customer(s)") shall complete the online registration form in person. If the prospective customer is a minor, the Company shall request for the consent of a parent or guardian.
The online registration procedure shall be completed only when the Company approves the application in the preceding paragraph. Individual membership may be declined or revoked however if the Company deems that any of the followings are applicable to the prospective customer even after approval by the Company:
In the event that the prospective customer is a minor and has not obtained the consent of a parent or guardian;
In the event that the prospective customer is ineligible for individual membership due to a previous breach of the Terms or other such reason;
In the event that the details provided by the prospective customer are found to be untrue, incorrect or incomplete;
In the event that the prospective customer has neglected to make payment of outstanding obligations to the Company;
In the event of any form of conduct to interfere with or influence the operation of the Company, the provision of the Service or the usage of the Service by other customers;
In the event of any other conduct deemed inappropriate by the Company.
Article 3: Account ID and password management
The account ID and password issued by the Company at the time of online registration or through the website https://jpconcierge.com (the Site) shall be managed responsibly by the account owner.
The account owner shall be liable for any losses or damage resulting from the inadequate management including not changing password regularly, inappropriate usage or third-party usage of the account ID and password or any form of equivalent conduct. The Company shall accept no liability whatsoever in such an event. All usage of the Service via an account ID and password shall be attributed to the relevant account owner, who shall be held fully responsible.
In the event that an account ID or password has been divulged to a third party or there is a risk of an account ID or password being used by a third party, the relevant account owner shall inform the Company immediately and proceed as instructed. In the event that the Company sustains any losses or damage as a result of the unauthorized usage of an account ID or password, the relevant account owner shall compensate the Company accordingly.
Unless expressly approved by the Company, replacement account IDs and passwords shall not be issued.
Article 4: Changes to details provided by the account owner
In the event of any changes to the details provided to the Company on the registration form, the account owner shall immediately notify the Company via CONTACT JP CONCIERGE after signing in.
All correspondence sent out by the Company to the contact information indicated in the details provided upon registration shall be regarded as having reached the relevant account owner on schedule.
Article 5: Handling of personal data
The Company shall only use personal data of customers for the following purposes:
Individual membership administration;
Selling or providing products, rights, digital content, services or financial products (hereafter referred to as "products and other services") offered by the Company or a third party;
Conducting promotions, giveaways or surveys;
Notifying customers of important matters in relation to the operation of online services including via email;
Advertising, promoting or soliciting sales of products and other services offered by the Company or a third party including via email;
Sending out email newsletters;
Packaging and shipping products;
Dealing with inquiries and providing after-sales services;
Conducting research and analysis on marketing data and developing new services;
Compiling statistics and other data for provision to partner companies specified by the Company (hereafter referred to as "business partner");
Exercise of rights and performance of obligations based on contracts, laws, etc.
If the account owner has given consent;
If the disclosure of data is required by law or as part of a criminal investigation or other legal process or if a legitimate information request is received from public authorities;
If forwarding order details to a business partner;
If disclosing data to a business partner in the event that a customer has purchased or is attempting to purchase a product or other service from the relevant business partner;
If necessary, in order to ship products or provide services;
If disclosing data to a payment service provider;
If outsourcing all or part of the Company's operations to a third party;
If disclosing to the successor of the business in the event of business succession due to merger, business transfer or other reasons;
If required in accordance with the Personal Information Protection Law or other applicable laws and regulations;
Article 6: Suspension or termination of individual membership
The Company may temporarily suspend or terminate any individual membership with no prior notice or warning if any of the followings are applicable:
In the event of unauthorized usage of the account ID or password to access the Service or in the event that the account owner allows such actions to take place;
In the event that the account owner fails to make payment of charges by the specified date;
In the event of that a lawsuit is filed against the account owner such as seizure, provisional seizure, provisional injunction, compulsory execution, bankruptcy, civil rehabilitation, etc., or if the account owner files such lawsuit;
In the event that the account owner has incorrectly entered own password on more occasions than permitted by the Company;
In the event that the account owner has not used the Service for a period of time specified by the Company;
In the event that the account owner has breached other provisions set forth in the Terms;
In the event that the Company deems the relevant individual to be ineligible for individual membership for any other reason.
Article 7: Contents of the Shipping Concierge Service
The Service includes transit services for the delivery of merchandise purchased by the account owner from domestic retailers, either online or by mail order, are sent to the Company and then shipped to the recipient.
In the preceding paragraph, the Company is not a party to the product sales agreements with the retailer and therefore accepts no liability whatsoever for any issues relating to the product, including defects or intellectual property violations. This shall not apply however in the event that the relevant account owner can prove that the product was lost or damaged whilst in the care of the Company.
The Company is not a party to the product delivery agreements with the carrier and therefore accepts no liability whatsoever for any losses or damage sustained by the account owners as a result of non-delivery, late delivery, breakages or any other issues relating to delivery. The account owners shall authorize the Company to conclude the delivery contract in their own name.
Terms and conditions relating to eligible retailers and carriers covered under the Service and products eligible for delivery via the Service, including product categories, size, weight, value and delivery locations, are limited to the scope specified by the Company. Customers shall not use the Service in any way that exceeds the scope specified by the Company.
Article 8: Contents of the Personal Concierge Service
Requests for the Service such as proxy purchases or any other arrangements requested by account owners shall be made in accordance with the method stipulated by the Company.
The Company purchases products on behalf of the account owner by confirming the request for arrangements from the account owner.
After requesting a proxy purchase of products, etc., the account owner cannot cancel the request without the consent of the Company, even if no delegation contract has been concluded.
The Company is free to decide whether or not to consent to requests made by account owners.
In the event that there are redeemable points from the retailers in the event of proxy purchase, the Company will retain those points.
In principle, the delivery of the product between the recipient and the Company shall be completed at the time of shipment from the Company.
The account owner shall bear the expenses related to proxy purchases of products and delivery of products (collectively hereinafter referred to as "product charges"). The product charges include the shipping fee for the product from the retailer to the Company, incidental expenses such as transfer fees to the retailer, domestic taxes in Japan and customs duties in the destination country, overseas shipping costs, other actual expenses and the usage fees for the Service.
The account owner shall pay the Company the fee posted on the Service before making arrangements. The Company reserves the right to change the usage fees for the Service without prior notice.
If the Company fails to purchase a requested product due to shortage etc. of it, the Company shall claim the amount calculated by subtracting the said product price from the charge indicated by the Service against the account owner. When the requested product is an auction product and the bidding price presented by the Service falls below the successful bid price, the Company may claim the successful bid price or product price against the account owner.
The account owner shall pay the product charges stipulated in paragraph 7 by the date specified by the Company by the method agreed with the Company.
The account owner shall not be able to transfer the rights generated based on the contract with the Company to a third party, provide them as collateral, or otherwise dispose of them in any other way.
If the account owner does not pay the product charges stipulated in paragraph 7 by the date specified by the Company, the Company may cancel the contract without notice. Even if the Company cancels the contract, the Company shall be able to claim compensation for monetary damages caused by the account owner.
If the Company falls into any of the situations stipulated in Article 13 of the Terms of Service, the Company may cancel the contract without notice even after agreeing to the contract.
If the Company cancels the contract after purchase as a part of the Service, the Company will not refund the product price etc. to the account owner.
If the account owner refuses to accept as a part of the Service, the Company may at its discretion sell, discard, return, or otherwise dispose of the product received from the retailer and the account owner may not make any objection whatsoever.
Article 9: Goods and services excluded from the Service
Customers shall not use the Service for any of the followings:
Cash, checks, bills, shares or other securities (Including cash vouchers such as for airline tickets and concert tickets);
Credit cards, ATM cards, etc.;
Savings/deposit books or withdrawal cards issued by a financial institution;
Items without a clearly visible company name or written indication that they are addressed to the Company;
Food, drink or other items susceptible to deterioration in quality or decomposition;
Items obtained by illegal, fraudulent, unjust or other fraudulent means or methods;
Items whose transport, import or export is prohibited or restricted by the laws of importing or exporting countries, state or local governments (including intermediate countries);
Any other items not authorized under the carrier's terms of shipping;
Any other items or services deemed to be inappropriate by the Company.
Article 10: Service charges and payment
Charges for using the Service are as indicated on the Service fee table and may be revised by the Company with no prior notice. The product weights used as standard for the Service fee table are based on measurements taken by the Company.
The account owner shall bear the customs clearance and other shipping charges (hereinafter referred to as "additional charges") for the itinerary accompanying shipment from the Company to the recipient. The Company is under no obligation to pay additional charges on behalf of the account owner or recipient.
The account owner shall make payment of all service charges as instructed no later than the date specified by the Company.
Article 11: Communication regarding product orders
The account owner shall notify the Company of accurate information immediately after purchasing the product in order to provide the correct information necessary to deliver the product to the recipient.
Article 12: Inspections
The Company may open the product parcel and inspect the contents. As the Company is under no obligation to carry out such inspections however, inspection results do not represent a guarantee of any sort with regard to the quality of the relevant product, the presence or absence of defects, authenticity or the occurrence of any violation of applicable legislation in the country of origin, or destination or intermediate countries.
In the event that an inspection, as outlined in the preceding paragraph, brings to light any items that are in violation of or are suspected of being in violation of the Law for Prevention of Transfer of Criminal Proceeds or other applicable legislation, the Company may take action such as notifying the police or other government agency or surrendering the item in question.
The Company shall not be held responsible for any damages incurred by the account owner due to the inspection of products or any other actions stipulated in this article.
Article 13: Refusal to provide the Service
If any of the following applies or is suspected to apply, the Company may refuse to provide the Service even if the usage of the Service has been approved:
If the product concerned is listed under Article 9;
If it is not possible to verify the recipient’s address;
If the information about the parcel the Company receives differs from the shipping address on My Account available on the Site;
If purchased by a payment method that the Company cannot handle, such as cash on delivery;
If the account owner has rejected the product;
If the carrier will not deliver the product;
In the absence of notification in accordance with Article 11;
If the product details provided by the account owner via notification in accordance with Article 11 do not match the product received by the Company or the relevant notification is inaccurate;
If the product is seized by customs;
If the account owner fails to make payment of service charges;
If the account owner has breached the Terms;
If the provision of the Service is deemed to be inappropriate by the Company for any other reason.
Article 14: Disposal of undeliverable items
The Company shall be able to dispose of the items listed in Article 9 immediately upon receipt.
If any of the grounds stipulated in the preceding article are applicable (with the exception of a)) and the Company has already taken receipt of the relevant product, the Company shall retain the relevant product for a period of 50 days from the date of receipt.
In the event that all of the grounds stipulated in the preceding article are resolved before the end of the period outlined in the preceding paragraph, the account owner may instruct the Company to ship the relevant product to the shipping address.
In the event that all of the grounds stipulated in the preceding article are not resolved before the end of the period outlined in the above paragraph 2, the Company may sell or otherwise dispose of such items.
If the Company sells the relevant product as described in the preceding paragraph, the Company may use the proceeds to cover the storage and disposal costs of the product, service fees, and other expenses.
If there is any outstanding amount after the disposal of the product in accordance with the preceding paragraph, the Company shall transfer the relevant amount into an account designated by the account owner within 25 days of the date on which the amount is finalized or the date on which the account owner designates an account, whichever is later. The transfer fee shall be borne by the account owner.
The outstanding amount described in the preceding paragraph shall be interest-free.
The Company shall accept no liability whatsoever for any losses or damage sustained by the account owners as a result of the disposal of products as outlined in this article.
Notwithstanding the provisions of this Article, the Company may file a lawsuit under the Civil Execution Law.
Article 15: Changes to or suspension of the Service
If any of the followings are applicable, the Company may change or suspend all or part of the Service with no prior notice to customers:
If equipment or systems used for the provision of the Service are undergoing maintenance or being replaced;
If the Service cannot be provided due to fire, power outage, natural disaster, system failure, or any other reason;
If telecommunications carriers are unable to provide essential services;
If the Company deems it necessary to change or suspend the Service for any other reason.
The Company shall accept no liability whatsoever for any disadvantages experienced, any losses or damage sustained by customers as a result of changes to or the suspension of the provision of the Service.
Article 16: Prohibited conduct
Any individual shall not engage in any of the following forms of conduct or any form of conduct that could potentially be regarded as such when using the Service:
Using the Service for unauthorized purposes;
Infringing upon intellectual property rights (trademark rights, copyrights, design rights, patent rights, etc.), portrait rights, publicity rights or any other rights belonging to the Company or a third party;
Engaging in conduct linked to fraud or other criminal activities;
Impersonating a third party in order to use the Service;
Using facilities belonging to the Company or a third party without authorization or otherwise impeding the operation of the Company or a third party;
Breaking the law, violating the Terms or causing offense to public order and morals;
Interfering with the running of the Service;
Using the information provided by the Company as the delivery address for the product for purposes other than delivery of the product;
Engaging in any other form of conduct deemed inappropriate by the Company.
In the event that the Company sustains any losses or damage as a result of an individual violating the Terms, the Company may claim compensation against the relevant individual accordingly.
Article 17: Elimination of anti-social forces
Account owners shall represent not to fall under any of the following items at the time of online registration and promise not to fall under the same in the future:
An organized criminal group;
An account owner of an organized crime group;
An associate member of an organized crime group;
An affiliate of an organized crime group;
A professional troublemaker at stockowners' meetings, etc., a racketeer, etc. who professes to be engaged in a social movement, or a crime group specialized in intellectual crimes;
A person having a social or economic relationship with any person who falls under any of Item a) through Item e) of this paragraph;
Otherwise, a person equivalent to any of the preceding items.
An individual shall promise not to perform any of the acts which fall under the following items:
An act of making violent demands;
An act of making unreasonable demands exceeding lawful responsibility;
An act of damaging the credibility of the other party or interfering with their business by using fraudulent means or force in relation to transactions;
Otherwise, any act equivalent to any of the preceding items.
If an individual falls under any of the items in paragraph 1 or has performed any act which falls under any of the items in paragraph 1, or if it has been discovered that an individual has made a false declaration concerning the representation and promise pursuant to the provisions of paragraph 1, the Company may terminate a contract with such individuals.
Article 18: Revisions to Terms of Service
The Company may revise the Terms without prior notice. In the event of any such revisions, all matters relating to the Service shall be subject to the revised terms.
Article 19: Governing law and jurisdictional court
The Terms shall be subject to Japanese law.
In the event of any dispute regarding the Terms, exclusive and primary jurisdiction shall rest with Tokyo District Court.