Chapter 1 General Provisions
Article 1 [Scope of Application]
Article 2 [Definition]
The terms as used in these Terms shall be defined as follows:
|(1)||The term “Service” is a collective term for the services that are provided to the Users through the Platform.|
|(2)|| The term “Applicant for Use” means any customer who desires to use the Service.|
|(3)||The term “Member” means any customer who has agreed to these Terms and completed the membership registration procedures. Also, Member cannot acquire several membership qualifications.|
|(4)||The term “User” is a collective term for Members and any customer who uses a part of the features of the Service without completing the membership registration procedures.|
|(5)|| The term “Account” is a collective term of the ID, e-mail address, password, gender, month of birth and any other information that is provided by the User during the course of membership registration.|
Article 3 [Agreement on Terms]
- The Applicant for Use may use the Service upon agreement on all provisions of the Terms after careful reading and understanding of the Terms. By initiating use of the Service, the User shall be considered by the Company to have agreed upon all provisions of the Terms after careful reading and understanding of the Terms.
- With respect to the use of the Service, if the Company specifies any terms and conditions of use and instructions (hereinafter referred to as the “Conditions of Use, etc.”) other than these Terms, the User shall comply with the Conditions of Use, etc., that constitutes an integral part of these Terms.
Article 4 [Membership Registration]
- The Applicant for Use can become a member by completing the membership registration for the Service and setting up an Account. When registering as a member, the Applicant for Use shall declare a true and correct Account and ensure that the declaration contains no false statements, errors or omissions.
- The Applicant for Use who is a minor shall register as a member with the prior consent of his or her legal representative (a person with parental authority or a guardian for a minor). If a minor registers as a member, the minor shall be deemed to have made registration with the consent of his/her legal representative.
Article 5 [Modification of Registered Matters]
- In the case of any change in the registered Account, the Member shall promptly conduct the modification procedures and ensure to reflect a true and correct Account at all times.
- The Company shall assume no responsibility or obligation for any detriment incurred by the Member due to his or her own failure to conduct modification procedures.
Article 6 [Management of Account, etc.]
- The Member shall manage and use his or her own Account with due care of a prudent manager and shall not allow any third party to use the same.
- The Member shall immediately inform the Company if he or she divulges or loses his or her own Account or knows that his or her Account is being used by any third party and shall follow any instructions by the Company for subsequent measures.
- The Company shall assume no responsibility or obligation for any damage suffered by the Member due to use by any third party of his or her Account, except in the case of an intentional act or negligence of the Company. The Company shall deem that the use of the Service with such Account is made by said Member and said Member shall assume all responsibility, including service charges (including purchase price of content).
Article 7 [Handling of Personal Information]
Article 8 [License and Restriction of Rights]
- The User shall comply with these Terms and the Conditions of Use, etc., in good faith (hereinafter collectively referred to as the “Terms, etc.”) when using the Service.
- The User shall not share any rights regarding the Terms, etc., with any third party or transfer, lease, pledge or otherwise to any third party.
Article 9 [Disclaimer]
- The User uses the Service at his or her own responsibility and the Company shall assume no responsibility or obligation for the use or results of use of the Service and the content and the like that are provided in the Service; provided, however, that this shall not apply to any matter that occurs due to an intentional act or negligence of the Company.
- The User shall be responsible for any connection to any third party’s Internet website directed by the link or other functions of the Service and any matter that occurs on such connected website, and the Company shall assume no responsibility or obligation for the acts of said User and the results thereof.
Article 10 [Change in Service Details]
The Company may change the details or name of the Service or any other conditions under which the Service is provided, without prior notice to the User.
Article 11 [Suspension and Discontinuation of Service, etc.]
- The Company may suspend or discontinue the Service in whole or in part if any of the following events occurs:
- Periodic or emergency maintenance or renewal or otherwise of the system to provide the Service;
- Occurrence of operationally or technically unavoidable incidents, such as failure of the system to provide the Service and interruption of communication lines; or
- Difficulty in providing the Service due to disaster, such as fire, power failure, earthquake, flood and tsunami.
- If the Company suspends or discontinues the Service in whole or in part pursuant to the preceding paragraph, the Company shall so notify to the User on the Platform in advance, except in urgent and unavoidable cases
- The Company shall not be liable for any damage suffered by the User or any third party damage due to the suspension or discontinuation of the Service, except in the case of an intentional act or negligence of the Company.
Article 12 [Withdrawal]
If the Member desires to withdraw from the Service, he or she shall conduct the withdrawal procedure in accordance with the steps separately specified by the Company. Upon withdrawal, a part of the Service becomes unavailable to the Member.
Article 13 [Prohibited Acts, Suspension or Cancellation of Qualification for Use]
- The User shall not engage in any of the following acts during the course of using the Service:
- Any act against public order and morals;
- Any act that is or may be in breach of laws, rules, orders and the like;
- Any act that infringes or may infringe rights (including, but not limited to, copyright, trademark right and right of publicity), interest or honor of the Company or any third party;
- Any act of using or providing harmful programs, such as computer virus, through the Service (including spamming);
- Any act in breach of the Terms, etc.
- Any act of registering false information as Account;
- Any act of using the Service for the sake or in the manner of causing damage to the Company or any other User or any third party;
- Any act of interfering with the operation of the Service for any reasons or by any means whatsoever; or
- Any other act that is deemed inappropriate by the Company.
- f the User engages in any of the acts prescribed in the preceding paragraph, the Company may temporarily suspend the Service in whole or in part for said User or disqualify said User from the Service, without prior notice or demand.
- If the Company or any third party suffers damage due to the User’s breach of the obligations under Paragraph 1 hereof, said User shall be obligated to compensate the Company or such third party for such damage.
Article 14 [Termination of Service]
- The Company may terminate the provision of the Service in whole or in part upon prior notice on the Platform as far in advance as possible.
- The Company shall assume no responsibility for any detriment incurred by User or any third party due to the termination of the Service in whole or in part.
Article 15 [Amendment of Terms]
The Company may amend the Terms, etc., without approval of the User. The amended Terms, etc., shall become effective at the time when they are posted on the Platform.
Article 16 [Governing Law, etc.]
The company controls the Platform from office within Tokyo, Japan. The Service can be accessed from all prefectural and city governments of Japan and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Japan, by accessing the Service, the User agrees that all matters relating to the Terms, etc., and access to, or use of, the Service, shall be governed by and construed in accordance with the laws of Japan applicable therein.
Article 17 [Court of Exclusive Jurisdiction by Agreement]
Any doubt or dispute that may arise with the User in connection with the Service or the Terms, etc., shall be subject to consultation in good faith. Any doubt or dispute that fails to be resolved through such consultation shall be exclusively brought before the Tokyo District Court in the first instance.
Article 18 [Prevailing Japanese Translation]
If there is any discrepancy between the Japanese version of the Terms, etc., and the English translation version of the Terms, etc., the Japanese version shall prevail.
Chapter 2 Electronic Book Distribution Service
Article 19 [Purpose]
This Chapter shall apply to the use by the User of the electronic book distribution service (hereinafter referred to as the “Distribution Service”) among the Service.
Article 20 [Environment]
The User shall use the Distribution Service on such compatible terminals and in such environments as specified in the Conditions of Use, etc. The Company does not recommend use of the Distribution Service in any environment other than on the compatible terminals. The Company shall assume no responsibility for unavailability of the Service in whole or in part in any environment other than on the compatible terminals.
Article 21 [Payment of Usage Charge]
- The User shall pay the usage charge of the content provided by the Distribution Service in the manner as specified in the Conditions of Use, etc.
- The User shall comply with the Terms, etc., and any contracts, terms and conditions, and the like of any business entity that operates and provides the payment method specified in the Conditions of Use, etc. (hereinafter referred to as the “Settlement Agent”).
- In the case of the preceding paragraph, if any dispute arises between the User and the Settlement Agent, the Company shall assume no responsibility therefor and shall not become involved in such dispute and said User shall resolve such dispute with said Settlement Agent.
Article 22 [Special provision on All-access Service]
- This article applies to Members using all-you-can-read e-book service (hereinafter referred to as the “All-access Service”) within Distribution Services.
- Member may subscribe to the whole or part of the All-access Service by taking the procedures prescribed by the Company. (Member subscribed to the All-access Service will hereinafter be referred as “All-access Member”.)
- Usage fees for All-access Service will occur at the timing of taking the proceedings set forth in the preceding paragraph in the first time, and on the first day of each month from then onward.
- Qualification of an All-access Member shall be automatically revoked when an All-access Member has failed to make payments for the relevant All-access Course usage fee.
- As long as an All-access Member does not take the cancellation procedures prescribed by the Company, qualification of an All-access Member shall be renewed automatically each month from the month after the subscription.
- An All-access Member, during his/ her particular subscription period, may view the contents provided by the All-access Course on devices which a relevant All-access Member possesses;provided, however, that an All-access Member may not be able to view the content, even during the subscription period, if the distribution of that specific content has been cancelled.
- Except in the case of paragraph 4, an All-access Member may view the contents provided by All-access Course until the last day of the relevant month, even when an All-access Member has cancelled All-access Service at the middle of the month. In addition, after cancelling All-access Service, All-access Member shall not be able to subscribe to the same All-access Course, on the same month that was canceled.
- If a Member has taken a withdrawal procedure of the Service on the basis of Article 12, or has lost his/her qualification as a Member on the basis of Article 13 paragraph 2, he/she will lose qualification of All-access Member at the same time.
Article 23 [Bearing of Communications Expenses, etc.]
The User shall bear the usage charge to be paid under the preceding Article as well as any communications expenses that may incur from the Service or viewing of content or otherwise.
Article 24 [Coins]
- The Company shall grant points or coins to the Member in accordance with his or her purchase amount of content in the Distribution Service other than the All-access Service, pursuant to the provisions of the Conditions of Use, etc.
- The Member may purchase coins in accordance with the preceding paragraph and the provisions of the Conditions of Use, etc.
- The Member may use coins granted to or purchased by the User pursuant to the provisions of the Conditions of Use, etc.
- Any coin shall be subject to restrictions on the period of use, the details of which shall be in accordance with the provisions of the Conditions of Use, etc.
- If any Member interrupts a payment procedure at the time of the purchase of the content while applying a coin, such coin that is applied shall fall into a state of provisional application and may become unusable for up to sixty (60) minutes. With respect to any coin in a state of provisional application, if the period of use of such coin expires during such provisional application, such coin shall become null and void upon the termination of the state of the provisional application.
- No coin may be used in any application for the Distribution Service as specified in the Conditions of Use, etc.
- Any coin granted in accordance with Paragraph 1 hereof and any coin purchased in accordance with Paragraph 2 hereof shall not be exchangeable with money.
Article 25 [Limitation on Use of Content, etc.]
- The User may use the Distribution Service and any content and others provided by the Distribution Service in accordance with the Terms, etc., and only for personal and noncommercial use.
- The User shall not sublicense, modify, adapt, translate, reverse-engineer or decompile the Distribution Service and any content and others provided by the Distribution Service.
- The terms such as “purchase”, “sale”, ”sell”, “provide” and “buy” used on or in connection with the Distribution Service shall not mean or imply the transfer of any content, data or software or any intellectual property right therein or right of ownership thereof.
- The User may use the Distribution Service for any equipment that is registered and certified regarding the Service in accordance with the Terms, etc.
- The content and others that are provided by the Distribution Service may be subject to restrictions on the period of use. Some content may not be re-downloadable.
- There is a limitation on the number of equipment that may be registered and certified by the User for the Distribution Service and the details thereof shall be specified in the Conditions of Use, etc. In the case of the number of equipment exceeding the limitation or the transfer of the registered and certified equipment to any third party, the registration and certification for said equipment shall require cancellation.
If a person registers as a member of the Service again after completing the withdrawal procedure under Article 12, the person shall be registered as a new Member and if the Member intends to use the content and others that he or she purchased before withdrawal, he or she shall purchase such content and others again.
Article 26 [Prohibited Matters]
The User shall not reprint, reproduce, modify, store, transmit or otherwise the content of the Distribution Service and the content and others provided by the Distribution Service, without permission of the Company, and the User shall not commit any act that infringes or may infringe any right of the Company or any third party for the Distribution Service and the content and others provided by the Distribution Service. If the User causes damage to the Company or any third party by committing such act, said User shall compensate for such damage at his or her own responsibility and at his or her own expense.
Chapter 3 EC Service
Article 27 Purpose
This Chapter shall apply to the use by the Member of the e-commerce service (hereinafter referred to as the “EC Service”) among the Service.
Article 28 Service Territory
The territory to which items are delivered through the EC Service shall be limited to Japan.
Article 29 Order
- The Member may place an order for any item by using the order form on the EC Service; provided, however, that the number of the item ordered shall be limited to ten (10) units for each item per order. With respect to the item whose quantity is limited, the Company may specify the quantity available for order and the Member may place an order for such item to the extent of such quantity so specified.
- If the number of pre-orders for any item subject to pre-orders reaches the scheduled sales quantity, the sales thereof may terminate at that point.
- The Company shall promptly send an order confirmation email after it receives an order from the Member.
Article 30 Delivery
- The Company shall contract out the logistics service of the items and the delivery service of the items, respectively, to a third party designated by the Company in accordance with the terms and conditions of use, etc.
- The Company shall deliver any item ordered to the Member approximately two (2) to fourteen (14) days after the payment for the item; provided, however, that the pre-ordered item shall be delivered on or after the launch date of such items.
- On an isolated island or a part of a remote area, delivery of an item may require more days than stipulated in the preceding paragraph.
- If the dispatch of any item is or is anticipated to be delayed significantly due to any reason, the Company shall contact the Member who has ordered such item via e-mail, etc.
Article 31 Re-delivery
- If the Member who has ordered an item is absent from home at the time of delivery of the item and a certain period of time during which the relevant delivery company kept such item has expired, or if the delivery destination of an item is uncertain, said item may be returned to the Company. In this case, the Member who has ordered said item may undertake the procedures for re-delivery by checking the status of delivery by the delivery company and using the “inquiry form” as specified below.
Contact information for EC Service:
BOOKWALKER Co., Ltd.
Inquiry form: https://member.bookwalker.jp/app/03/my/inquiry/new
- Upon expiration of the period of three (3) months from the date on which the item is returned to the Company in accordance with the first sentence in the preceding paragraph, the Company shall cancel the order for said item. The Company shall inform the Member who has ordered said item of the procedures for returning the purchase price of said item because of cancellation separately by e-mail, etc.
Article 32 Designation of Delivery Time
- The Member may designate any of the following time periods for the delivery of the item; provided, however, that the Company shall not guarantee that the item is delivered at the delivery time designated by the Member:
- 12:00 to 14:00;
- 14:00 to 16:00;
- 16:00 to 18:00;
- 18:00 to 20:00; or
- 19:00 to 21:00
- The designation of the delivery time under the preceding paragraph shall not apply if the delivery area is an isolated island or a part of a remote area. For details, please check with the delivery company as specified in the terms and conditions of use, etc.
Article 33 Return or Exchange of Items
- The Member shall not be entitled to the return or replacement of the item except in the case where the item is damaged during delivery or the item has defects or errors or any other case approved by the Company.
- If the Member desires the return or replacement of the item in accordance with the preceding paragraph, the Member shall so inform the Company in advance by using the form as stipulated in Paragraph 1 of Article 31, clearly indicating the reason of return or replacement, within eight (8) days from the date of receipt of the item, and shall return or have the item replaced in accordance with the method as separately specified by the Company.
Article 34 Payment of Purchase Price of Items, etc.
- The Member shall pay the purchase price of the item ordered, consumption tax and the delivery charge for such item by using its own credit card; provided, however, that the credit card available shall be stipulated in the terms and conditions of use, etc.
- Payment by credit card shall be made as a lump sum only.
- In the case of any dispute between the User and the credit card company, the Company shall not be responsible for or not get involved in such dispute, and the User shall resolve such dispute with the credit card company.
- No purchase price, consumption tax and delivery charge paid by the Member for the item shall be refunded, unless otherwise approved by the Company.
Article 35 Bearing of Delivery Charge, etc.
- The Member shall bear the purchase price of the item and consumption tax imposed on such item to be paid in accordance with the preceding Article, as well as the communication expenses incurred at the time of the placement of an order and the delivery charge as stipulated in the terms and conditions of use, etc.