Kaeru Parcels ("Company") hereby sets forth the following the Terms of Service of the Company ("the Terms") in relation to the use of the overseas forwarding service, shopping support service and
other service provided by the Company to members ( "Services").
The Company may, at its own discretion, specify separate terms in addition to the Terms as and when necessary. The separate terms shall be regarded as an integral part(s) of the Terms. Thus, members are required to agree with each and every relevant terms to use the Services.
In the event of conflict between the Terms and any separate terms, the separate terms shall take precedence. In all other cases, both the Terms and separate terms shall be simultaneously applicable.
Article 1: Membership
1. A "Member( or collectively “Members”)" is/are any party(ies) who has/have agreed to the Terms, completed the online membership application to use the Services of the Company, had their membership(s) approved by the Company and been issued with a member ID(s) by the Company.
2. Member may not allow any third party to use their membership, lend, transfer, sell or pledge their membership to a third party or engage in any form of conduct of similar nature thereto.
Article 2: Revisions to Terms of Service
The Company may revise the Terms without prior notice any time. In the case of any such revisions, all relating to the Services shall be subject to the revised terms.
Article 3: Application of Membership
1. Those wishing to become member ("Prospective member") shall complete the online membership application form.
If the Prospective member is a minor, she/he shall obtain the clear consent of his/her parent(s) or guardian(s) before applying for membership.
2. Membership registration procedure shall only be completed once the Company has approved the application outlined in Article 3. 1.
Membership may be declined however if the Company deems that any of the following grounds are applicable to the Prospective member. Membership may also be revoked after approval if any of the following grounds are deemed to be applicable.
(1) In the case that the Prospective member is a minor and has not obtained the clear consent of a parent or guardian
(2) In the case that the Prospective member is ineligible for membership due to a previous breach of the Terms or other such reason
(3) In the case that the details provided by the Prospective member on their application are found to be untrue, incorrect or incomplete
(4) In the case that the Prospective member has neglected to make payment of outstanding obligations to the Company
(5) In the case of any form of conduct liable to interfere with or otherwise impact upon the operation of the Company, the provision of the Services or the usage of the Services by other members
(6) In the case of any other conduct deemed inappropriate by the Company
Article 4: Member ID management
1. Member shall be responsible for managing the member ID issued to them by the Company after membership registration.
2. Member may not allow any third party to use their member ID, lend, transfer, sell or pledge their member ID to a third party or engage in any form of equivalent conduct.
3. Member shall be liable for any losses or damage resulting from the inadequate management, inappropriate usage or third party usage of their member ID or any form of equivalent conduct. The Company shall accept no liability whatsoever in such an event. All usage of the Services via a member ID shall be attributed to the relevant member, who shall be held fully responsible.
4. In the case that a member ID has been divulged to a third party or there is a risk of a member ID being used by a third party, said Member shall inform the Company immediately and proceed as instructed. In the case that the Company sustains any losses or damage as a result of the unauthorized usage of a member ID, said Member shall be fully responsible for such a loss and damage including with no limitation to monetary compensation to the Company.
5. Unless clearly approved by the Company, the new member ID shall not be issued.
Article 5: Changes to details provided, etc.
1. In the case of any changes to the details provided to the Company on their membership application, Members shall notify the Company immediately using the specified form.
2. All correspondence sent out by the Company to the contact address indicated in the details provided upon registration shall be deemed as having reached the relevant member on time.
Article 6: Handling Personal Data
1. The Company shall only use members' personal data for the following purposes.
(1) Membership administration
(2) Selling or providing products, rights, digital content, services or financial products ( "Products and other services") offered by the Company or a third party
(3) Conducting promotions, giveaways or questionnaires
(4) Simplifying membership registration and other processes in relation to the usage of member-only services on behalf of the Company
(5) Notifying members of important matters in relation to the operation of online services (including via email)
(6) Advertising, promoting or soliciting sales of Products and other services offered by the Company or a third party (including via email)
(7) Sending out email newsletters
(8) Packaging and shipping products
(9) Billing and invoicing
(10) Providing services as part of point, coupon, mileage or other incentive schemes ( "incentive scheme(s)")
(11) Publishing information posted by members
(12) Dealing with inquiries and providing after-sales services
(13) Conducting research and analysis on marketing data and developing new services
(14) Compiling statistics and other data for provision to partner companies specified by
the Company ("partner company(ies)")
the identification of individuals.
The Company shall nonetheless be entitled to provide personal data in any of the following circumstances:
(1) If the member has given their consent
(2) If the disclosure of data is required by law or as part of a criminal investigation or other legal proceedings or if a legitimate information request is received from a consumer center, bar association or other public institution
(3) If forwarding a member's order details to a partner company
(4) If disclosing data to a partner company, given that a Member has purchased or is attempting to purchase a product or other service from the relevant partner company
(5) If necessary in order to ship products or provide services
(6) If disclosing data to a financial or billing service provider
(7) If disclosing data to a partner company for the purpose of providing services as part of an incentive scheme run by the Company or the relevant partner company
(8) If outsourcing all or part of the Company's operations to a third party
(9) If disclosing data to a party assuming control of business operations due to a merger, business transfer or arrangement of similar nature thereto
(10) If required in accordance with the Personal Information Protection Law or other applicable legislation
Article 7: Membership Cancellation
1. Members are entitled to cancel their membership by following the procedure specified by the Company.
2. In the case such as the death of a Member, the Company shall cancel the relevant member’s membership and suspend usage of their member IDs.
Article 8: Membership Suspension or Termination
The Company may temporarily suspend or terminate any member's membership with no prior notice or warning if any of the following grounds are applicable:
(1) In the case of unauthorized usage of the member's ID to access the Services or in the case that the member allows such actions to take place
(2) if the Member fails to make payment of charges by the specified date
(3) if the Member has a proceeding(s) filed against them, including seizure, provisional seizure, provisional injunction, compulsory execution, bankruptcy or civil rehabilitation, or files for such proceedings themselves
(4) if the Member has incorrectly provided the member’s ID on occasions other than permitted by the Company
(5) if the Member has not used the Services for a period of time specified by the Company
(6) if the Member has breached other provisions set forth herein or in separate terms
(7) if the Company deems the relevant party to be ineligible for membership for any other reason
Article 9: Services Content
1. The Service is an intermediary delivery/shopping service whereby 1) products purchased by a Member from a domestic retailer(and any kind of seller), either online or by mail order, are sent to the Company and then shipped to said Member or 2) products specified by the Member and, upon the instruction by the Member, purchased by the Company from a domestic retailer (and any kind of seller), either online or by mail order, are sent/brought by the Company to the Company and then shipped to said Member.
2. The Company is not party to the product sales contract with the retailer (and any kind of seller) and therefore accepts no liability whatsoever for any issues relating to the product, including but not limited to defects, or intellectual property violations or non-delivery. The Member IS the party to the product sales contract with the retailer (and any kind of seller). Any issues arising from such contract shall be dealt with between the Member and said retailer (and any kind of seller).
This shall not apply however if the Member can clearly prove that the product was lost or damaged whilst in the care of the Company.
3. The Company is not party to the product delivery contract with the carrier or any sort and therefore accepts no liability whatsoever for any losses or damage sustained by the Member as a result of non-delivery, late delivery, breakages or other issues relating to delivery.
The Member shall authorize the Company to conclude the delivery contract in their Member’s names. The Member IS the party to said product delivery contract. Any issues arising from such contract shall be dealt with between the Member and said retailer carrier or any sort.
4. Terms and conditions relating to eligible retailers (and any kind of seller) and carriers covered under the Services and products eligible for delivery via the Services, including product categories, size, weight, value and delivery locations, are limited to the scope specified by the Company.
The Member shall not use the Services in any way that exceeds the scope specified by the Company.
5. The Company has NEITHER any responsibility NOR obligation to check if the retailer (and any kind of seller) from which the Member intends to purchase or purchased is legit, legal or valid. The Member, however, shall carry out such check and purchase (or instruct the Company to order) from the retailer (and any kind of seller) with the Member’s own risk and responsibly.
6. Due to the limit of a warehouse space, and the Company's effort to keep the service fee as low as possible and minimize the risk of lost item, Member shall process the transaction as fast as possible. If Company needs to keep Member's items at a warehouse longer than two weeks (14 days), the warehousing service fee shall apply. The warehousing service fee varies depending on the size of the item starting from 40USD per day.
Article 10: Products excluded from the Services
Member shall not use the Services for any of the following products:
(1) Cash, checks, bills, shares or other securities (including cash vouchers such as for airline tickets)
(2) Credit cards, ATM cards or other cards
(3) Savings/deposit books or withdrawal cards issued by any financial institution
(4) Items without a clear visible company name or written indication that they are addressed to the Company
(5) Correspondence or other means of communication currently defined by law as correspondence
(6) Live animals or plants, dead animals or stuffed specimens
(7) Human bodies, human body parts, dead bodies, human remains or mortuary tablets
(8) Food, drink or other items susceptible to deterioration in quality or decomposition
(9) Stimulants, cannabis, narcotics, psychotropic substances or any other illegal drugs
(10) Guns, swords or other weaponry, gun powder or other explosives, poisons or other deleterious substances
(11) Pharmaceuticals or medical equipment
(12) Child pornography, adult videos or other materials of an obscene nature
(13) Any items obtained through illegal, fraudulent, unjust or otherwise dishonest means or methods
(14) Items whose transport, export and import are prohibited or restricted in accordance with the law in the importing or exporting country, state or local government (including intermediate countries)
(15) Any other items not authorized under the carrier's terms of shipping
(16) Any other items deemed to be inappropriate by the Company
Article 11: Service fees and payment
1. Fees for the Services are as indicated on the service price list and may be revised by the Company with no prior notice.
The product weights used as standard for the price list are based on measurements taken by the Company.
2. Fees for the Services include a one-off charge for shipping from the Company to the Member.
Members shall be liable for any other charges incurred in relation to shipping from the Company to the Member, including customs and shipping charges for other parts of the journey ( "Additional expenses").
The Company is under no obligation to pay Additional expenses on behalf of any Member.
3. Members shall make payment of all service charges as instructed no later than the date specified by the Company.
Article 12: Communication regarding product orders
Immediately after purchasing a product, Members shall notify the Company of the precise details, using the specified form to accurately provide the necessary details required to deliver the product to the Member.
Article 13: Inspections
1. The Company may open up products and inspect the contents.
As the Company is under no obligation whatsoever 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.
2. If an inspection, as outlined in Article 13.1, discloses that any items 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 steps such as notifying the police or other government agency or surrendering the items in question.
3. The Company shall accept no liability for any losses or damage sustained by the Member as a result of product inspections or any other actions stipulated in this article.
Article 14: Refusal of the Services
If any of the following grounds are applicable or are suspected to be applicable, the Company may refuse to provide the Services and the Member may face the special service fee and/or penalty fee, even if the Services have already been accepted:
(1) If the product concerned is listed under Article 10
(2) If it is not possible to verify the member’s address or the product delivery address
(3) If the information on the packages the Company receives differs from the shipping address provided by the Member
(4) If the purchase was made using payment methods the Company cannot accept such as cash/collect on delivery(COD)
(5) If the Member has rejected the product
(6) If the carrier will not deliver the product
(7) In the absence of notification in accordance with Article 12
(8) If the product details provided by the Member via notification in accordance with Article 12 do not match the product received by the Company or the relevant notification is inaccurate
(9) If the product is seized by customs
(10) If the member fails to make payment of service fee/charges
(11) If the Member has breached the Terms and/or separate terms
(12) If the provision of the Services is deemed to be inappropriate by the Company for any other reason
Article 15: Disposal of undeliverable items
1. On receipt of any product listed under Article 10, the Company may immediately discard the relevant product or dispose of it by other means.
2. If any of the grounds stipulated in the preceding article are applicable (with the exception of (1)) 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.
3. 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 member may instruct the Company to ship the relevant product to their address or process it in another manner approved by the Company.
4. 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 the relevant product or dispose of it by other means.
5. If the Company sells the relevant product, as detailed in the preceding paragraph, it may use the proceeds to cover the cost of retaining and disposing of the relevant product, service charges and other expenses.
6. If there is any outstanding amount after the disposal of the products in accordance with the preceding paragraph, the Company shall transfer the relevant amount into an account designated by
the Member within 40 days of the date on which the amount is finalized or the date on which the Member designates an account, whichever is later( any cost regarding to such transfer shall be
payable by the Member).
Any charges regarding transfer shall be borne by the Member.
7. The outstanding amount detailed in the preceding paragraph shall remain interest free.
8. The Company shall accept no liability whatsoever for any losses or damage sustained by the Member as a result of the disposal of products as outlined in this article.
9. Irrespective of the terms set forth in this article, the Company may still file proceedings against the Member etc.in accordance with the Civil Execution Law.
Article 16: Changes to or the suspension of the Services
The Company may change the contents of or suspend the Services with no prior notice. The Company shall accept no liability for any disadvantages experienced or losses or damage sustained by the Member as a result of such changes or suspension.
Article 17: Interruptions to or the suspension of the Services
1. If any of the following grounds are applicable, the Company may interrupt or suspend all or part of the Services with no prior notice to members:
(1) If equipment or systems used for the provision of the Services are undergoing maintenance checks or being replaced
(2) If it is unfeasible to provide the Services due to a fire, power failure, natural disaster, earthquake, system failure or other such factor
(3) If telecommunications carriers are failing to provide essential services
(4) If the Company deems it necessary to interrupt or suspend the Services for any other reason
2. The Company shall accept no liability whatsoever for any losses or damage sustained by Members as a result of interruptions to or the suspension due to the causes set forth in this Article.
Article 18: Prohibited conduct
1. Members shall not engage in any of the following forms of conduct or any form of conduct that could potentially be regarded as such in relation to their usage of the Services:
(1) Using the Services for unauthorized purposes
(2) Infringing upon intellectual property rights (trademark rights, copyrights, design rights, utility model rights, patent rights, etc.), portrait rights, publicity rights or any other rights belonging to the Company or a third party
(3) Engaging in conduct linked to fraud or other criminal activities
(4) Impersonating a third party in order to use the Services
(5) Using facilities belonging to the Company or a third party without authorization or otherwise impeding the operation of the Company or a third party
(6) Breaking the law, violating the Terms or separate terms or causing offense to public order and morals
(7) Interfering with the Services
(8) Engaging in any other form of conduct deemed inappropriate by the Company
2. if the Company sustains any losses or damage as a result of a member violating the Terms or separate terms, the Company may claim compensation against the relevant Member and Member shall compensate accordingly.
Article 19: Governing law and jurisdictional court
1. The governing law shall be the Japanese law and the Terms and separate terms shall be subject to Japanese law.
2. In the event of any dispute regarding the Terms or separate terms, exclusive and primary jurisdiction shall rest with Tokyo District Court.