Terms of Service

MATCHA Inc.(hereafter the "Company") provides "matcha-jp.com" (hereafter the "Site"). in case you use the contents, functions, and/or applications (hereafter collectively referred with the Site as the "Service"), please read beforehand the following terms of service (hereafter the "Terms").

Users shall be deemed to have approved the application of the Terms and the compliance to the Terms.

Changes of the Terms

Additional terms may be applied to the Service without any prior notice to the Users. When using the Service, these additional terms shall apply as a part of the Terms.

Intellectual property rights

The Service may contain copyrights, trademarks, service marks, patents, trade secrets and/or other property rights as well as subjects of legal protection in the contents provided by the Company and its partners. Users, when accessing to the contents through the Service, shall comply with all the copyright notices, information and restrictions in the contents and ensure the compliance.

Eligibility

The Company reserves the right to refuse the Service or to change the eligibility for User to anyone at any time in its sole discretion. Users shall accept personal responsibility and confirm that the Terms comply with all the laws and regulations applied to Users. In case the use of the Terms and Service is prohibited by the applicable laws and regulations, User's right to access the Service shall become invalid. Likewise, in case selling or providing the Service come into conflict with the applicable laws and regulations, User's right to access the Service shall also become invalid with respect of the part in conflict. Furthermore, the Service shall be provided only for the personal use, and shall not be intended for use by or for profit of the third party.

Contents

Definition:
The word "contents" used in the Terms means information created, provided or made available in the Service or through the intermediary of the Service, such as, but not limited to, data, text, photos, videos, audio data, articles, software, scripts, graphic data, and interactive functions. In the Terms, "contents" may include all User Generated Contents (its definition is found below.)
Intellectual Property Rights:
The Service may contain copyrights, trademarks, service marks, patents, trade secrets and/or other property rights as well as subjects of legal protection in the contents provided by the Company and its partners. Users, when accessing to the contents through the Service, shall comply with all the copyright notices, information and restrictions in the contents and ensure the compliance.
License:
Subject to the Terms, the Company grants each User of the Service an inalienable license to use (i.e. to download and display locally) the contents solely for purposes of using the Service, in so far as the Company possesses such right. It is expressly prohibited to utilize, duplicate, modify, deliver, or save the contents of the Service for a purpose other than the personal use, unless the Company gives written permission beforehand. Users may not use or utilize the contents for commercial purposes, in a way that violate the rights of the third party, for a sales purpose, for a grant or rental of the license, or in other ways.
Denial of Guaranty about the Contents:
The Company does not guarantee the provision of contents on the Site or through the Service. The Company reserves the following rights, but it shall have no duty to execute them: (ⅰ) The Company may delete, edit, and/or modify User's contents as well as manipulate in other ways, in Company's sole discretion, at any time, without prior notice, for any reason (including. but not limited to, cases that the Company receives a demand or a claim from the third parties or authorities or cases that the Company confirms the possible violation of the Terms by a User) and without any excuse. (ⅱ) The Company may delete or block the contents of the Service.
Third Party Affiliates:
The Company has joined Affiliate Marketing, therefore, webpage of the Company may permit encoding affiliate links. When a User clicks an affiliate link or makes purchase through an affiliate link, the Company may get commission.

Prohibited Matters

The User shall promise not to use the Service for the following prohibited purposes specified in this section. The User shall be responsible for all his/her acts related to the Service. In addition, the User shall comply with all applicable laws, ordinances, regulations and other rules as well as internationally applicable laws, regulation and other rules.

Users shall not perform acts falling under any of the following:

  1. (ⅰ) To put a unreasonably or disproportionately huge burden on the infrastructure of the Company (or its third party provider), or to perform an act which is, in Company's sole discretion, judged to be likely to put such burden.
  2. (ⅱ) To interfere or to make an attempt to interfere proper functions of the Service or activities in the Service.
  3. (ⅲ) To circumvent, avoid, or make an attempt to circumvent or avoid the measures which the Company takes so as to prevent or limit the access to the Service (or the other accounts, computer systems or networks connected with the Service).
  4. (ⅳ) To run any automated answering system or "spam" on the Service.
  5. (ⅴ) To use manual or automated software, devices, or other processes on the pages of the Service for the purpose of using "crawler" or "spider".
  6. (ⅵ) To gather or collect the contents of the Service.
  7. (ⅶ) To violate the guideline or policy set by the Company.

The User shall not, directly or indirectly, perform acts falling under any of the following:

  1. (ⅰ) To decrypt, decompile, disassemble, or reverse engineer a part of the Service (including applications but not limited to), or to produce similar effects using the other measures unless the applicable laws prohibit especially such restrictions.
  2. (ⅱ) To produce the secondary creation utilizing a part of the Service in modified, translated, or altered forms.
  3. (ⅲ) To assign any right which is granted to the user under the Terms, to another party in various ways such as duplicate, rent, lease, send, and so on.

Disclosure of Specific Information

The Company may access, read out, save and disclose any piece of information, in case the Company reasonably determines that such acts are required for the following:

  1. (ⅰ) To comply with applicable laws and regulations, legal procedures, or demands from government agencies.
  2. (ⅱ) To check the violation of the Terms and/or to exercise the rights granted under the Terms.
  3. (ⅲ) To detect frauds, security problems and technical problems, to prevent them or deal with them.
  4. (ⅳ) To cope with support requests from Users, or
  5. (ⅴ) To protect the rights, property, or security of the Company, the Users, and the Public.

Services Provided by Third Parties

The Service contains the pages of its sponsors, but it may also provide the links to the other web sites, services, and other internet resources, and the other web sites, services, or other resources may provide the links to the Service. In case a User accesses resources provided by third parties, the User shall do so on his/her own risk. The company does not control the resources by the third parties, therefore, User shall agree that the Company has no liability for any aspect of the said web sites, contents of resources, functions, accuracy, legitimacy, appropriateness and all the rest. Providing such links does not mean the Company supports the administrators of the sites, nor the Company has the partnership with such administrators. Furthermore, the User shall confirm and agree that the Company has no liability whatsoever for loss or damage, either actual or alleged, either directly or indirectly arising from or in any way related to using or trusting such contents, products or services provided on or through such web sites or resources.

Termination:

The Company may terminate User's access to a part or the whole of the Service immediately, regardeless of the reasons, with or without notification to the User, at any time. Consequently, all the information related to the User's account in the Company can be lost or deleted. In case a User wants to terminate his/her account in the Company, the User can do so following the guide on the Site, or through the Service. All the regulations which should continue to exist because of their nature after the termination (including, but not limited to, license of User Contents, ownership of rights, warranty disclaimer, exemption from responsibility, and limitation of liability) shall continue to exist after the termination.

Warranty Disclaimer

The Company has no special relationship with the Users, nor duty of good faith to them. The User agrees that the Company shall have no duty to take actions against the following matters.

  1. 1．Which User gains access to the Service
  2. 2．Which contents a User access through the Service
  3. 3．In what way a User interpret or use contents

Users may not blame the Company with respect to User's obtaining contents through the Service or not. The Company will express nothing about any content of the Service or the content accessed through the Service. And the Company has no responsibility for the accuracy, compliance with the copyright, or legitimacy of the materials or contents contained in the Service or accessed through the Service.

The Service and the contents shall be provided as they are, and there is no guarantee, whether expressly or impliedly, in any kind (including, but not limited to, guarantee of ownership or non-infringement, implied warranty of merchantability or fitness for a particular purpose, and/or all the guarantees implied by the process or business practices). The Company, its directors, employees, representatives, suppliers, partners and/or content provider shall give no guarantee of the following issues: (ⅰ) that the Service is safe or available at a particular location and time, (ⅱ) that some kind of defects or errors will be corrected, (ⅲ) that the Service or the available contents or the software through the Service contain no harmful components such as virus, or (ⅳ) that the outcome of using the Service is satisfactory to the User's demand. All the Users shall use the Service at his/her own risk.

Indemnification:
The User shall indemnify and hold harmless the Company and its affiliates, the respective employees, contractors, directors, suppliers and representatives from and against all responsibilities, claims, demands and expenses (including reasonable attorney's fees) arising from or in connection with his/her use or misuse of the Service or contents, access to the Service or contents, or his/her User contents, or arising from or in connection with his/her breach of the Terms, infringement of any intellectual property right by the User or the third party who uses the User's account in the Company or User's ID in the Service, or other violation of the rights of the third party. The Company shall reserve the right to assume exclusive defense and control of any matter subject to indemnification by the User. In that case, the User shall support the Company and cooperate with it to provide every available defense.
Limitation of liability:
Based on the legal and equitable principles in regard to contracts, tortious acts and liability without fault, the Company and its directors, employees, representatives, partners, suppliers and content provider, concerning the Service, shall not be liable for the loss or damage stated below. However, this shall not apply in case the Company has liability for intentional acts or acts of gross negligence.
  1. (ⅰ) Lost profits, data loss, purchasing costs of substitute products or services, all kinds of specific, indirect, incidental, punitive, or consequential damage, and substitute products or services (regardless of the cause.)
  2. (ⅱ) Bugs, viruses, Trojan horses, and similar troubles(regardless of source)
  3. (ⅲ) Direct damage more than 50,000 yen (in total)
Governing Law and Court with Jurisdiction:
This Terms are compliant with Japanese laws and interpreted in accordance the them. Any dispute arising from or in connection with the Terms shall be resolved by Tokyo District Court as the exclusive jurisdictional court for the first place.
Revision:
The Company reserves the right to modify or alter a part of the Terms or change, suspend or discontinue the Service(including, but not limited to, any function, database, or providing contents), in its sole discretion at any time by posting the notice on the Site or notifying the Users through the Service or using proper communication tools such as e-mail. Furthermore, the Company, without holding any liability, may put restrictions on certain functions and the services, or restrict Users' access to a part or the whole of the Service. The company will give notice about the revision when needed, but Users themselves shall confirm the revision of the Terms from time to time. If the User continuously uses the Service after the notice of change in the Terms, the User is deemed to approve the change.

Miscellaneous Provisions

Entire Agreement and Severability:
The Terms constitute the entire agreement between the User and the Company with regard to the Service including its use, shall supersede all prior or contemporaneous communication and proposals (regardless of the measures, such as oral, written, or electronic ones). In case any provision of the Terms is determined to be unenforceable or void, such provision shall be severed from the Terms to the minimum extent required to maintain the validity and enforceability of the Terms, and then restricted or deleted. Any failure of either party to exercise a part of the right specified here, shall not be construed as further waiver of the right.
Inevitable Accident:
The Company has no liabilities with regard to its failures in the performance of obligations specified in the Terms, in cases such failure is caused by the occurrence beyond reasonable control of the Company (including but not limited to, mechanical or electronic causes, or malfunction or functional decline of communication.)
Assignment:
The Terms shall be applied solely to Users, they shall not assign, transfer or sublicense the right to use the Service. unless there is Company's written agreement beforehand. The Company, on the other hand, may assign or outsource the rights and obligations based on the Terms, without User's consent.
Denial of Proxy, etc.
These Terms shall not allow to form such relationships as proxy, partnership, joint venture, or employment, and neither of the party involved possesses any authority to bind another party in any case.
Notification
Every notification based on the Terms shall be performed in written form, unless otherwise prescribed. In case of delivery by hand, certified mail or registered mail with acknowledgement of receipt, it is deemed that notification shall be completed by receiving such mails. In case of delivery by fax or e-mail, by electronic confirmation of the receipt. And in case of next-day delivery by commonly recognized home-delivery service, on next day of the delivery. When send a notification electronically, send it to info@matcha-jp.com.
Unwaived Rights
Even if the Company does not execute a part of its rights, it shall not mean that the Company relinquish such unused part of right or the other part of the Terms. Even if the Company renounces the compliance in a particular setting, it shall not mean that the Company continues to renounce in future. Renouncing the compliance with the Terms, shall be binding only when the Company representative notifies for the Company such renouncement by a written notice.
Contact Information:
#5F Next Site Asakusa Building 1-4-4 Kaminarimon, Taito-ku, Tokyo-to 111-0034 Japan

Published on May 22, 2018