Matsumotokiyoshi Global Application
Terms of Service
Matsumotokiyoshi Holdings Co., Ltd., a Japanese corporation (hereinafter referred to as "we", "our", or "us") shall provide users (hereinafter referred to as the "Members") with information and privileges as set forth below through the Matsumotokiyoshi Global Application (hereinafter referred to as the "Application"). In the event any Member uses the Application, such Member shall be deemed to have accepted the terms and conditions as set forth in this Agreement (hereinafter referred to as the "Agreement"). In addition, the terms and conditions herein for this Application are subject to change. Please check for the latest information on a constant basis.
1. Application Information
We make no warranty whatsoever with respect to the accuracy, currentness, usefulness, etc., of information contained in the Application.
In addition, at our discretion, we may make additions, changes, amendments, deletions, suspensions or discontinuations of disclosures, etc., of information contained in the Application, and may make changes, suspensions or discontinuations of the privileges provided to Members without prior notice.
2. Contents of Services
(1) We will provide the following information and privileges to the Members of the Application through websites and push notification functions.
・Information about us
・Information about promotions, events, etc., and questionnaires
・Information on goods and services of companies which we have deemed appropriate
・Other business information
(2) Unless otherwise specified, we shall provide the Application free of charge to the Members. However, the Members themselves shall procure the terminals and fixtures necessary for using the Application, and the communication charges necessary for browsing websites and receiving push notifications shall be borne by the Members.
(3) Push notifications may be provided in conjunction with terminals’ location information. If the Members do not allow the use of push notification or terminals’ location information, they can change it through the settings screen.
3. Processing of Personal Information
(1) We collect the following information regarding the Members (hereinafter referred to as "Membership Information") through the Application.
i. E-mail address
ii. Telephone number
iii. Family name
iv. Date of birth
v. Postal code
vi. Mailing address
(2) We use Membership Information electronically or manually within the jurisdictions in which we and third-party agents conduct businesses for the following purposes:
i. For sales activities such as sending advertising or printed materials
ii. For marketing analysis and product development
(3) In using Membership Information for the purposes set forth in (2)ii above, we provide the analysis results of Membership Information to a third party in a manner that does not identify any individual.
(4) We may provide Membership Information to a third party in the following cases:
i. Where we obtain the consent of the Member
ii. Where provision is required by law or guideline
(5) For the purposes set forth in (2) above, we use and provide Membership Information during the membership registration term and for five years after membership is withdrawn.
(6) In the event that the Member does not consent to the use or provision of Membership Information set forth in this article, he or she may not use the services of the Application.
4. Inquiries and Requests Concerning Personal Information
(1) The Members may make inquiries to us, request us for access or request for preparation and provision of a copy of Membership Information collected by us through the procedures prescribed by us. Provided, however, that we may refuse such inquiries or requests in the event that such inquiries or requests would seriously interfere with our business operations or those of any third party.
i. Contact information: Taiwanese Matsumotokiyoshi TEL 02-2501-6680
ii. Procedure: Please contact the "Contact information" set forth in item i above for the specific procedure. Please note that the request requires a certificate issued by a public agency (driver's license, passport, etc.) to confirm the identity of the applicant.
iii. Fee/Expense: The amount equivalent to the actual cost required for responding to inquiry requests.
iv. Other inquiries and requests: Please contact the "Contact information" set forth in item i above.
(2) In the event of any inaccuracy or error in information disclosed through the inquiries or requests set forth in the preceding paragraph, the Member may request the correction, supplementation or discontinuation of the use of relevant Membership Information.
(3) In the event the purpose set forth in 3(2) above ceases to exist, the time limit set forth in 3(5) above expires, or our collection, management or use of personal information violates the Taiwan Personal Data Protection Act, the Member may request the deletion, management and discontinuation of the use of his or her Membership Information.
(4) With regard to the method of the request set forth in (2) and (3) above, the provisions of (1)i to iv above shall apply mutatis mutandis.
5. Copyright, etc.
All contents, such as character information and images, on the Application are protected by copyright law, etc. The use of such contents (including reproduction, modification, sales, uploading to other websites, posting on websites or other media, licensing, publishing, distributing, sending to an unspecified large number of people, etc.) is prohibited for purposes other than for private use without our prior approval, except as otherwise provided by law.
In addition, we prohibit the unauthorized use of our trade name and registered trademarks, such as service marks, which are affiliated with the Application.
6. Linked Websites from the Application and Other Linked Services
The content of the website of a third party, which is linked from the Application (hereinafter referred to as the "Linked Website") and any services other than ours that are linked to or from the Application (hereinafter referred to as the "Third Party Services") are managed under the responsibility of such third party and are not under our control. The Linked Websites and the Third Party Services should be used in accordance with the terms and conditions of each website and service. We shall not be liable for any damage whatsoever caused by the use of the Linked Website or the Third Party Services.
Notwithstanding any reason, we shall not be liable for any damage arising from the use or unavailability of the Application, any damage caused due to negligence on the part of the Member (such as operating or gazing at the screen of the Application while driving or walking), or any damage arising from suspension or discontinuation of the operation of our website, or from change in information thereof.
Further, we do not guarantee the accuracy, usefulness, fitness for a particular purpose, operation at a terminal, compatibility with a terminal, safety (e.g., occurrence of errors, modification in the event of accidents, or intrusion of computer viruses or other hazards into the Application or the server, etc.), or physical and mental safety of the Member while using the Application.
In addition, we shall not be liable for any corporeal, mental or physical damage caused by the use of the Application.
8. Prohibited Matter
The Member shall not engage in any of the following acts in connection with the use of the Application:
i. Use of the Application by methods other than those approved by us;
ii. Use of the Application for business or profit-making purposes beyond the scope of personal use;
iii. Conduct of such acts as preventing the operation of this Application (or the servers and networks connected to this Application);
iv. Use of the Application by pretending to be a third party;
v. Unlawful acquisition of privileges by making false statements or altering information;
vi. Infringement of intellectual property rights such as copyrights, trademarks, rights of privacy, rights of publicity, rights of reputation, etc., of us or any third party;
vii. Conduct of any act in violation of laws, regulations, public order, morals, or the Agreement;
viii. Modification or falsification of the Application or analysis of the source code by decompiling, disassembling or reverse engineering; and
ix. Any other acts that we determine to be inappropriate.
9. Prohibition of Assignment of Rights and Obligations
The Member shall not assign or secure as collateral the status as a user of the Application and the rights and obligations based on such status to any third party without our prior approval.
10. Suspension of Use, Compensation for Damages
In the event that the Member breaches any of the provisions set forth in the Agreement, we shall be entitled to immediately suspend the Member’s use of the Application.
In addition, in the event any damage is caused to us or any third party due to such breach, we shall be entitled to claim compensation for damages from such Member.
11. Changes to the Contents of the Application
We may change the contents of the Application without prior notice.
12. Termination of the Application or Part of Its Services
In the event that it becomes difficult to continue providing the Application or any part of its services, or in the event that we deem it necessary from the viewpoint of sales policy, we shall be entitled to terminate the provision of the Application or any part of its services in the manner determined by us. We shall not be liable for any damages whatsoever suffered by the Member due to the termination of the provision of the Application or any part of its functions.
13. Changes to the Terms of Service
In the event of any change to the Agreement, we will notify the Member of the fact that such change is made, and we will make available the contents of the revised Agreement as well as the effective date thereof on our website or on the Application.
14. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan. In addition, in the event of dispute between the Member and us regarding the Application, the Tokyo District Court shall have exclusive jurisdiction of the first instance.
The governing language of these terms of service shall be English, and any translation into any other language shall be solely for reference. In the event of any conflict, the English version shall prevail.
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September 30, 2018
Matsumotokiyoshi Holdings Co., Ltd.