Terms and conditions (Agreement)

Chapter 1 General rule

Article 1 Activation an change of Terms and conditions

(1)This Agreement shall commence on the day of application.

(2)Evixar reserves the rights to revise the Agreement when special events occurs or important business events occur. The revised Agreement become effective, when publicized to Customer.

(3)When Customer continues to subscribe the services after the revised Agreement become effective, it is deemed that Customer agreed to the revision.

(4)In the event some events that infringe this Agreement occur and the Agreement is revised, this revised Agreement is valid retroactively.

Article 2 Laws other than this Agreement

Items not listed on this agreement are bound by related regulations and laws.

Chapter 2 Application and service subscription

Article 3 Effective date

(1)This Agreement become effective at the point Evixar approves application sent by Customer and Customer’s agreement to the service.

(2)Evixar does not accept application in the following occasions.

i)when false information was written on the application

ii)when a Customer has an intention of being offensive to public orders and morals

Article 4 Usage and limit of services

(1)Unless there are operational or technical troubles at Evixar, the service is provided 24 hours 365 days.

(2)The following service period may be limited when Evixar understands there is necessity to do so, including but not limited to system maintenance.

Article 5 Temporary discontinuation of service

(1)In the following cases, Evixar may discontinue service temporarily

i)When maintenance is necessary to the service equipment

ii)When a telecommunications carrier as defined by Telecommunication Business Act stops telecommunication services

iii)When any event of Force Majeure occurs

(2)Evixar reserves the rights to limit or temporarily discontinue services partially or entirely , when normal operation is in possible due to national emergency, blackout, trouble with service equipment or significant increase in service usage.

Article 6 Provision of information of advertisement

(1)Evixar may provide Customer with any variety of necessary information for the service via e-mail or mail.

(2)In relation to the operation of service, Evixar may list advertisement on screen used with service.

(3)Evixar is not responsible for any loss or damage that Customer makes by joining sales promotion activities through the advertisement.

Chapter 3 Duties

Article 7 Evixar’s duties

(1)Evixar is obligated to provide continuing and stable service in accordance with the contents of Agreement.
(2)Evixar must properly handle Customer’s opinion brought to Evixar by a predetermined procedure, and when it takes considerable time to solve the issue, Evixar must communicate the reason and expected completion date to Customer.

(3)Evixar shall not divulgate or distribute Customer’s personal information through service provision, to any third party without the Customer permission. However, when national authorities request such information in accordance with laws including Telecommunication Business Act, when there is a need for criminal investigation, when Information and telecommunication Ethics Committee requests, or when there are processes as determined by the related laws, Evixar may provide Customer’s personal information to applicable bodies.

(4) Within the coverage of the aforementioned items, Evixar may prepare statistical document regarding personal information of the entire or partial customer. This information may be used. Also, Evixar may send Cookies to Customer’s computer through service. In this case, Customer may change the setting to decline Cookies, to display warning massage of Cookies on their computer.

(5)Customer is responsible for any legal responsibility caused by Transmission, record, inquiring of obscene material through Evixar’s service.

Article 8 Customer’s duty

(1)Customer is responsible for managing ID and passwords.

(2)Customer agrees to receiving e-mail or text message for the purpose of services or other from Evixar.

(3)If ID is used wrongfully or leaked, Customer needs to inform Evixar.

(4)Customer is responsible for any loss caused by the wrongful use or loss of ID. When ID is wrongfully used Customer must notify the fact to Evixar via phone or other methods.

(5)Customer must comply with this Agreement and related laws.

(6)Customer may not perform following actions.

i)Wrongfully using ID

ii)Disguise as Evixar’s staff

iii)Hacking Evixar servicer, changing partially or entirely the information listed on the website, or changing client program without special authority given by Evixar

iv)Duplicating other Customer’s personal information obtained through the service without advance permission from Evixar , or publishing or broadcasting those information to third parties

v)Any actions infringing Evixar’s copyright , third party’s copy right or other rights

vi)Distributing information, sentences, or pictures which are offensive to public order and morals to third party

vii)Distributing offensive or compulsive items that infringes other party’s privacy through e-mail or other methods

viii)Actions that are objectively regarded as criminal actions

ix)Any actions that infringe any regulated laws

(7)In addition to this Agreement Customer must comply with the items listed on website or distributed through other methods.

(8)Evixar is not responsible for any loss caused by the usage that do not comply with this Agreement.

Chapter 4 Cancellation of contract and service limitation

Article 9 Cancellation of contract

(1)If Customer cancels before the subscription contract period ends, unused portion will not be refunded.

(2)Evixar may cancel the service without advance notice or with agreed-upon period in the following cases.

i)when Customer uses other Customer’s ID

ii)when Customer intentionally disturbed service operation

iii)when Customer registered with false name

iv)when Customer intentionally distribute contents offensive to public order or moral

v)when Customer uses the service to disturb the social welfare

vi)when Customer commits libel or perform actions that is unprofitable to other person

vii)when Customer sends voluminous advertisement in order to disturb the stability of service operation

viii)when Customer distribute compute virus program that causes malfunctions on IT equipment

ix)when Customer infringes intellectual property of other Customer, Evixar or third party

x)when Customer offend against rules and regulations defined by Evixar, including this Agreement

Article 10

When restriction is applied or removed, Evixar informs the beginning time and date of restriction and the reason to that Customer or an agent. However, if Evixar must immediately restrict the usage of that Customer, Evixar can restrict the usage without aforementioned procedures.

Chapter 5 Indemnity

Article 11 Evixar’s indemnity

(1)Evixar is not liable for any losses that Customer suffered through the usage of service. Customer is fully responsible for the loss.

(2)In the event of natural disaster or any event of Force Majeure that preclude Evixar from providing services, Evixar is released from duties of providing services.

(3)Evixar is not liable for lost earnings that Customer was intended to win, or any loss incurred in the service.

(4)Evixar is not responsible for loss caused by dispute among Customers , or dispute between Customer and third party. Evixar is not liable for intervening these disputes.

Chapter 6 Period and Jurisdiction

Article 12 Period

This Agreement is valid as long as Customer continue to use the service.

Article 13 Jurisdiction

Lawsuit cases for the right and duties on this Agreement are handled Tokyo District Court.