-HAKOBIYA® Term of Service-
HAKOBIYA ® Terms of service
[Terms of service for app HAKOBIYA users]
These terms of service (Hereinafter referred to as the Terms) are the terms and conditions for using various services provided by PicUApp Co., Ltd company. (Hereinafter referred to as “the Company”).
Particularly, it is HAKOBIYA online shipping service. The provisions are as follows:
Article 1: Definition
Clause 1.1: Definition
In this document, these following terms will have meanings similar to those set out below, unless otherwise specified in this document or otherwise require by context.
Service means the various services including Hakobiya online shipping service provided by the Company.
User means the person who agrees with the terms and conditions of using the Service.
Personal information is designated as information that is guaranteed safe by law. The protected information includes user name, postal code, address, date of birth, career, phone number, account information entered by the user (Mail address (including password), Paypal account information, using history, etc. and information can be used to identify a specific individual (including information that can be easily compares with other information, thereby identifying a specific individual).
Content means the information is posted or provided by the Company or the users on the application.
Usage fee means the fee (regardless of usage fee, other fee) which the Company collect from the user when using the services related to the application.
Paypal means an online payment service provided by the Paypal Pte.Ltd.
A buyer means the person who uses this service to request the purchase of goods as an international transaction and consignment of goods.
Homebuyer means the person who uses the application to receive purchasing and freight goods as the requests of a Buyer when travelling abroad.
Authorization of purchasing means to agree to purchase goods requested by the Buyer through this application and accept shipping goods.
Honorarium of goods means the total purchase price of the goods requested by the customer and the honorarium is set by the customer for the Homebuyer to consider and accept the request
Escrow means that if the Homebuyer accepts the request of the Buyer, then the Buyer shall the commission paid to the Homebuyer on behalf of the Company. After confirming that a completion service has beed made, the deposit payment system shall pay for the Homebuyer.
Clause 1.2 Application
Article 2 Contents of the Service and Role of the Company
Clause 2.1 Contents of the Service and Role of the Company
This service provides various information and function related to the transaction in order to create opportunities for a transaction between the Buyer and the Homebuyer (Hereinafter referred to as Transaction Transaction)
All the transactions between users using this service are at their own risk and the Company must not delegate the purchase of delivery of goods.
Unless other regulations are provided in this Terms, the Company will not involve cancellation, return, refund, guarantee or any other transaction and anyone intending to do this transaction.
Article 3 Agreement of the Terms and Change of the Terms
Clause 3.1 Term of use accept
The purpose of this agreement is to identify the conditions related to the usage of this service between users and the company and apply for all the relationships related to the use of the Service between the user and the company.
Users must agree with these terms and conditions and use this services according to the terms specified.
By using this service, the user is considered to have agreed with the defined terms and conditions.
Clause 3.2 Change the Terms
The company can change the content of this Terms from time to time by posting it at the appropriate locations within the website or application operated by the Company.
If the user uses this service after changing this Terms or has not made the withdrawal procedure within the period specified by the Company, user shall be considered to have agreed to change this Terms.
The Company shall not be responsible for any damage caused to the users by modifying or changing these terms and conditions, apart from the intentional or negligent case of the Company.
Term 4 User registration
Clause 4.1 Registration
User registration for this service must be done by this service user. Also, be sure to enter the correct information when registering.
Clause 4.2 Prohibit multiple registrations
User and people who intend to register (Hereinafter referred as to the online users) cannot register multiple times.
Clause 4.3 Registration refusal.
The Company shall not approve the user registration if the user’s case falls into any of the following categories.
If the Company has suspended user use due to a violation of this Terms in the past.
If the registration information is incorrect or mistaken
In case of having any interferes with the operation of the Company, the user’s provision and use is considered to have risk of affecting to the Company.
Organized crime group, a person who was a member of an organized crime group, those who has not been organized crime group more than 5 years, semi-organized crime group, companies related to organized crime group, general practitioners, social movements, etc… or collectively known as organized crime group, etc,..or some certain relationships with organized crime group (such as providing money or providing services to organized crime group, etc…) People who have been recognized for shady organized crime group members and those who are considered to have alleged social ties with other organized crime group members (Hereinafter collectively referred to as anti-social) The other cases are identified that it is inappropriate base on good reasons by the Company.
Clause 4.4 User commitment
Users commit not to belong any anti-social forces, shall not belong to any anti-social forces in the future and shall not use violent, illegal requests. Conduct that demands unfairness exceeds legal liability, acts of intimidation or violence in connection with transactions, acts of spreading rumors, damaging the Company’s reputation by using fake information or intervening the Company or other equivalent behaviors.
Clause 4.5 Change of registration content
User must be responsible for managing if changing registration content or editing registration content to ensure that their information is always correct
In case of being impossible to change the registered content, if user does not make any changes, the Company shall be able to handle the registered content as unchanged.
Even if the registration information changes are notified, other transactions and various procedures performed before changing the content may depend on the information before changing.
Clause 4.6 Our exemption
The Company shall not be responsible for any damages caused by a user changing registration information or registered content.
Article 5: Account information management.
Clause 5.1 Account information management
User must be responsible for managing entered email address, password and other information (Hereinafter referred to as account information)
User is impossible to use the Third Party account information or handle that information regardless of whether it is transferred, traded, pledged, lent, rented or leased.
Clause 5.2 Unauthorized use of account information
User must responsible for all damages due to information leakage, misuse, use by the Third Party, unauthorized access, etc, because user do not manage account information well and the Company shall not be responsible for this problem.
If damage is caused to us due to unauthorized use of account information, user recoup the damage.
Clause 5.3 Leakage of account information
If account information is leaked to a third party or if there is a risk, the user must contact us immediately. And get directions, follow the content from the Company.
Article 6: Cancel user registration
Clause 6.1: Cancel user registration, suspend user
If the user is in any of the following categories or if the Company confirms with reasonable reason, the Company cancels the user registration. The Company has right to cancel all or one of the Services without prior notice. The user may got deny access to our service, and be ceased to use or delete all or a piece of user-related content and information. The Company is not obliged to explain the reason to the user when taking such measures.
The user violates the law or these Terms.
The user cheats the information.
When the Company determines that the registered information is the wrong one.
When users do not follow the necessary procedures in Terms but do not contact us.
If the registration information is duplicated with the existing registration information, user also got cancel user registration.
When the registered mobile phone number or email address got locked.
If the user disturbs the other or 3rd party, user registration also got cancel.
For any reason in clause 4.3 applies, the user also got ban.
Self-acting users or third parties who use the service to spread out violence content, unreasonable claims out of liability, acts of intimidation, violence. If you use those to damage your credit or interfere with your business
Other cases that the Company deems as inappropriate action to the user.
The Company will be able to perform identity verification when the Company deems it necessary to confirm that the user does not belong to any of the foregoing, all or one of the Services until completion of the identification. Measures such as refusing access to department, suspending use, etc. can be taken.
Clause 6.2: Ban use of service
The Company is able to prohibit future use and access to the services toward users who have taken the measures described in Article 1 of Terms.
Clause 6.3: Our exemption
The Company will not be responsible for any damage caused to the user when being into the circumstances specified in Clause 6.1.
Article 7: Withdraw user’s money
Clause 7.1: Procedures for stop using
Users can request us to withdraw from membership, and can withdraw money after completing our procedures. However, if a transaction has not been completed, it cannot be withdrawn and the user must complete this transaction, without delay, and in accordance with these Terms. And then, they have to make a withdrawal request from the Company.
Clause 7.2: Our exemption
The Company will not be responsible for any damage caused to the user in the above mentioned cases.
Article 8: Process personal information
Clause 8.3: Use user personal information
Users may only use personal information within the scope of use of this service and cannot use this information for any other purpose.
Article 9: Agree in advance, and during the transactions when using this service
Clause 9.1: Issues with the user's prior consent
Users who use this service must have agreed with the limitation on the following conditions:
No import approval is required based on Article 14 of the Import Trade Control Order
That is the total taxable value of all imports less than or equal to 300,000 Y for the requester for this transaction.
When a customer requests to buy and ship goods which is using this service, there is a possibility that tax may apply to goods which are required to be transported during customs clearance. I claim in advance that there will be difficult and certain task for clients.
When a tourist who brings goods to help a customer, is using this service, it is necessary to buy and transport goods, declare it to the customs. If anything happens, they must accept the fact that there is a case that person on the honor of the tourist is required to pay taxes.
Article 10: Related parties responsibilities in transaction which is using the service
Clause 10.1: Fee for service
In this service, if the tourist completes the requested work and the customer receives a confirmation about the completion, the customer and the tourist will use a system to calculate fee-based on the prescribed method. The system usage fee includes consumption tax. (Click here for fee details)
Clause 10.2: Process when cancelling this request
Even if customers request to buy goods and consign goods using this service, and then if no one has confirmed and made the request, once the request expires, the request may be cancelled without incurring a cancellation fee.
After the request to buy goods through this service is consigned to the freight and the user confirms it. If the customer wants to cancel the request, the customer will be charged the amount calculated based on the level above request or 3,000 yen, depending on the request amount may be higher, and it is considered as a cancellation fee.
[(Purchase price and reservation fee for this service)] multiply10%
Notwithstanding the foregoing, it is not necessary to pay a cancellation fee when cancelling request violate this Terms. However, if the notice and evidence which shows out this cancellation was made due to violating this Term are given by the customer within one week counting from cancellation submission date, and the evidence will be verified during that period. If not, you will be charged a cancellation fee.
Clause 10.3: Payment method
The fee for using this service will be paid by PayPal.
The Company may change this payment method at any time.
User pays the usage fee at the end of the deal with the tourist. And customers pay the Company the direct usage fees from the fees that customers have to pay.
PayPal will be used as a payment method when paying, refunding, etc. for users. Transfer fees and other costs related to the use on the system will be paid by the user.
Article 11 Settlement procedure
Clause 11.1 Settlement procedure
Settlement procedures for this service will be subject to this escrow unless the company has specified payment conditions. The purpose of this deposit is to act as an authorization to pay trusted compensation payments to PayPal customers and customers.
Regarding the handling of deposit fees, ..., the company and tourists will sign depository deposit, payment deposit. Deposit fees, etc. will be stored upon consignment and will be paid to tourists.
The deposit agreement for payment between the company and the customer, the storage deposit agreement between the company and the traveller specified in the above section is not shown separately between the parties when the customer chooses to settle in the service.
For this escrow, the company receives this commission payment, etc. from customers based on a deposit agreement paid from customer to traveller and based on a storage deposit agreement with the traveller. You are only obligated to pay the stored trust liability, etc. and other obligations arising directly from the contract.
The company shall not be liable to any traveller or customer, except for the obligations set forth in the preceding paragraph, whether directly or indirectly, related to this authorized business operation.
Regarding escrow, the customer's obligations to pay the authorized compensation, etc. will be cancelled when the customer pays commission, ... to the Company, and then the commission commissioned to be completed.
Clause 11.2 Cancel the escrow
If the payments of the authorized indemnities are not confirmed for a long time due to incidents between users, etc., if the deposit cannot be continued or is difficult to continue due to PayPal system issues or other reasons, based on the decision at our discretion, the Company may cancel the escrow and return the amount of compensation entrusted to the customer.
In the case that the company cancels the deposit in accordance with the preceding procedure, the company does not charge a usage fee as defined in Article 10 of the Terms.
The company shall not be liable for any loss suffered by the user as a result of cessation of margin in accordance with Clause 1 of this Article, whether directly or indirectly.
Article 12 Items prohibited in this agreement
Clause 12.1 Depending on the prohibited item
In this service, user is not allowed to perform any transactions in the following cases
Cash, checks, invoices, documents, stocks and other securities
Credit cards and other cards
Deposits and savings books for financial institutions and deposit cards and savings
Live animals and plants, dead animals or ornamental products from live animals
The human body or part of the human body, gene, bones
Drugs, psychotropic drugs, marijuana, opium, poppies, stimulants, opium smokers
Medication prescribed (excluding imported drugs for medical purposes)
Pistols, rifles, machine guns, shotguns, gun covers and pistols
Designated substances prescribed in Article 2, Clause 3 of the Chemical Weapons Prohibition Act and the provisions on designated substances
Prevention of infectious diseases and medical care for patients suffering from infectious diseases, etc., types of pathogens specified in Article 6, Paragraph 20 and two types of pathogens specified in Clause 21
Counterfeit cards, fake cashes, cashes, stamps, postage stamps or securities
Books, drawings, sculptures and other items will harm public security, custom
Articles that infringe patent rights, utility model rights, design rights, trademark rights, copyrights, circuit layout using rights or breeder's rights
Document covering the acts listed in Article 2, Clause 1, Section 1 to Section 3 or Section 10 to Section 12 of the Unfair Competition Prevention Act
Articles must be certified to the customs authorities in accordance with Article 70 of the Customs Law according to the approval or approval of export declarations or import declarations according to other laws and regulations.
Clause 12.2 Prohibited problems
Users will not take any action in any of the following categories or are likely to perform while using this service.
Violations of laws, agreement, personal contracts, or public order and morals
Crime acts, acts leading to crimes such as fraud
Destroy or break our server or network function
Behaviour may interfere with the operation of this service
Actions of collecting or store personal information about other users
Actions of using the pretending Service to be a third party
Actions that directly or indirectly provide benefits to the anti-social forces in connection with the Service
Infringement of intellectual property rights such as trademark rights, copyrights, design rights, patent rights, portrait rights, privacy, honour and other rights or interests of our company, users other or third party
Invite or encourage expression of excessive violence, clear sexual expression, manifestation leading to racial discrimination, state, creed, sexuality, social status, portals, etc., suicide, self-employment harm, abuse drugs Post or send expressions that make others uncomfortable, including expressions and other anti-social content
For business, advertising, solicitation, other for-profit activities (except those approved by the Company), for sexual or obscene acts, for meetings and relationships relations with the opposite sex conducting, using this service for purposes other than harassing or slandering other users and other purposes for which this service is scheduled
Advertise to religious activities, episcopal organization
The law of using for a wrong purpose of this service
Send or deliver harmful programs such as computer viruses
Counterfeit Company and other third party information, erasing behaviour
Clause 12.3 Compensation for damage
If the user suffers any damage due to a breach of the prohibited issues set forth in this agreement, the user is obligated to indemnify for any damage suffered by the user.
Article 13 Stop, terminate and modify this service
Clause 13.1 Suspension of service
The Company may temporarily suspend all or a part of the Service without prior notice to users if any of the following apply.
When services cannot be provided due to a server, communication line or other device failure, error or other similar reason.
When performing maintenance, inspection, repairs, changes, etc. regular or emergency systems (including servers, communication lines, power supplies, buildings containing them)
If this service cannot be provided due to a power outage
If this service cannot be provided due to earthquakes, volcanoes, floods, tsunamis or other natural disasters
When this service cannot be provided for any force majeure reasons such as war, armed conflict, riots, disturbance, disputes, etc.
If this service cannot be provided due to legal obstacles or similar reasons
In addition, when the Company determines that the service needs to be temporarily suspended for operational or technical reasons
The Company will not be responsible for any damage caused to users or third parties when suspending the Service based on the above content.
Clause 13.2 Terminate and Modify this Service
The Company may terminate or change all or a part of the Service at any time without prior notice to the user for any reason.
The Company will not be responsible for any damage caused to users or third parties when terminating or changing the Services based on the above content.
Article 14 Intellectual Property Rights and Content
Clause 14.1 Recognition of intellectual property rights, etc.
The rights in all materials that constitute this service belong to the Company or a third party. Users will not acquire any rights to all materials of this service and no intellectual property rights including copyright, portrait rights, publicity rights, etc. You must not take any action that infringes upon the rights of materials and content belonging to the company.
The right to use the Services based on these Terms does not constitute an authorization to use the Company's or third party rights in connection with the service.
Clause 14.2 Used by the Company
Contents and contents are posted by users may be used by the Company and its nominees for advertising, operation, research and development and notification of the Services without any fees.
Clause 14.3 Content Responsibility
Users are responsible for all content transmitted or posted by the user related to this service and certify responsible for content, quality, accuracy, reliability, legality, updated, usefulness. In addition, we do not guarantee or assume any responsibility for these.
User, etc. will rate the content, quality, accuracy, reliability, legitimacy, updates, usefulness, etc. of the content transmitted or posted by other users.
The Company will not be responsible for any damages resulting from the use of Company’s content by users and third party.
Clause 14.4 Backup
We are not required to back up content.
Clause 14.5 Change and delete content
The Company may change or delete any content posted by users without prior notice in case the user violates the Terms or determined that they have committed inappropriate acts pursuant to the Terms.
Article 15 Responsibilities of users and connection environment
Clause 15.1 Preparation of necessary equipment, etc.
Computers, smartphones and other equipment, software, communication lines and other associated environments need to be prepared and maintained at the expense and responsibility of the user to provide this service.
Installation and operation of necessary equipment to use this service will be done at the expense and responsibility of the user.
The company does not guarantee that this service is compatible with all devices and will not participate in the preparation, installation, operation of the device, nor provide support to users.
Clause 15.2 Procedure
User input, requests, consents, withdrawals and other procedures performed by the user via Internet connection are valid when the procedure data is transmitted to our server and the content of the procedure is reflected in our system.
Article 15.3 Handling of incidents
Related to this service, users resolve at their own expense and responsibility for incidents occurring between users and other users or third parties and the Company will not be liable.
In the case, the Company is lossed related to this service due to an incident occurring between the user and other users or a third party, all the parties pay compensation to the Company for the damage.
Article 15.4 Responsibilities of expenses
In the case of disputing between the Company and the user, all costs including attorneys fees related to the dispute will be paid by the user, unless the Company intentionally or negligently occurs in the dispute.
Article 16 Refusal of warranty and disclaimer of liability
Clause 16.1 Not covered by warranty case
The Company disclaims all warranties related to the results of use, content, quality and stability of the Services, ...
Clause 16.2 Disclaimer
In the case of any content, inappropriate or unclear conduct related to the service which causes damage to users and third parties, the Company are not responsible for such damage whether intentional or negligent.
Clause 16.3 Unguaranteed advices
The Company are not responsible for any advice or information provided to users, nor does it guarantee the usefulness and accuracy of such information.
Clause 16.4 Waiver of liability for virus
We do not guarantee that the content related to this service does not contain malicious items. In addition, the Company are not liable to users or third parties for damages caused by viruses in content related to this service.
Clause 16.5 Waiver of liability for equipment
The Company is not responsible to users or third parties for Article 16.4 (No warranty on computer viruses, etc.)
We do not guarantee that the content associated with this service does not contain malicious items such as computer viruses. In addition, the Company is not liable to users or third parties for damages caused by the inclusion of harmful items such as computer viruses in content related to this service.
Clause 16.5 Waiver of liability for equipment
The Company is not responsible for damages to users or third parties for devices, communication lines, software, etc.which are used by the user.
Clause 16.6 Waiver of liability for communication errors
The Company is not responsible for any problems when accessing the service, incidents in the user's computer, arising errors and damage to the computer system, communication lines related to Service.
Clause 16.7 Waiver of liability for other websites
The Company is not responsible for any damages incurred on the linked site, such as the URL written by the user.
Article 17 Responsibilities for compensation
Clause 17.1 Responsibilities of users
If the user violates this agreement, whether negligent or intentional, the user is responsible for all damages, including liability for compensation to other users and third parties who have suffered damages due to violate. In the case that the Company suffers loss due to user violates these Terms, all the parties involved in breach of the Terms pay compensation to the Company for the damage.
Clause 17.2 Responsibility of the Company
We are not responsible for compensation for change, suspension or discontinuance of service; the loss of registration content, use data; device errors and other unexpected or user-generated problems. However, in the case that the Company is liable to pay damages to users regardless of the provisions of the Consumer Law or other reasons for waiving liability for damages, the Company will be liable for Damage directly related to non-payment payment, law violations that users suffer. The compensation may be up to the total usage fee accumulated from that user.
Article 18 General terms
Clause 18.1 (Notice)
The Company may contact or inform users about the service by posting notices in the Company's website and applications or other forms that it is appropriate.
When the Company determines that it is necessary to notify and contact individual users, the Company may notify and contact via registered e-mail, mail, registered phone number, etc.
If the user has any contacts or questions regarding the Company services, the user can use the Company's contact form instead of calling or visiting the Company ..
If the user contacts or questions with the Company about the above terms, the Company will select the appropriate response form and the user cannot decide on the response form.
Clause 18.2 (Non-transferable)
The user may not assign, mortgage, lend or otherwise deal with the contractual situation based on the rights and obligations of these Terms to a third party without the Company's written consent.
Clause 18.3 (franchise)
The Company may franchise, divide the company, in cases of information registered with users related to this Agreement and may delegate any of its obligations under the Agreement to third party.
Clause 18.4 Severability
If any provision of these Term is declared to be invalid or unenforceable by the Consumer Law or other regulations, it will neither affect nor invalidate or enforce the other terms. The application of such provision will be amended and enforced to the law limitation.
Clause 18.5 (Unspecified problems)
If there is any doubt about any issues that have not been identified or explained in this Agreement, the User should comply with the provisions of the litigants. If this does not solve the problem, the litigant and the users will discuss ideas so that they can be resolved promptly.
Clause 18.6 (Language)
In this agreement, Japanese is considered as the main language. Translations in other languages such as English or foreign languages are considered for reference only. The Japanese text will take effect on the agreement, other translations are not available.
Clause 18.7 (Governing Law and Jurisdiction)
The agreement must comply with Japanese law. The User and the Company must accept the jurisdiction of the Tokyo Courts in resolving any disputes, claims or conflicts arising in connection with the Agreements.
Last Updated: 11/11/2019