Terms of service

 

FILLIN Terms of Use

Terms of Use (hereinafter referred to as "Terms") set forth the conditions for providing the Service defined in Article 2, as well as the rights and obligations between our company and the users. When using the Service, you are required to read the entire Terms and agree to them.

Article 1 (Application)

Terms aim to set forth the conditions for providing the service and the rights and obligations between our company and users regarding the use of the service. They apply to all matters concerning the use of the service between the users and the Company.

Article 2 (Definitions)

The terms used herein shall have the meanings set forth below.

(1) “Service Use Agreement” means the service agreement entered into between the Company and the User, with these Terms serving as the contractual conditions.

(2) “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and any other intellectual property rights (including the rights to acquire them or to apply for their registration).

(3) “User Content” means any content (including but not limited to text, images, videos, and other data) posted or otherwise transmitted by a Registered User through the Service.

(4) Company” means NOVEL REPUBLIC Inc.

(5) “Company Website” means the website operated by the Company whose domain is “fillintokyo.com” (including any website reflecting changes to the domain or content of the Company’s website regardless of the reason)

(6) “Registered User” means an individual or legal entity registered as a user of the Service in accordance with Article 3 (Registration).

(7) “Guest” means an individual or legal entity who uses the Service without registration under Article 3 (Registration).

(8) “User” means the collective term for both Registered Users and Guests.

(9) “Service” means the services provided on the Company Website (including any services after modifications to the name or content of such services, regardless of the reason).

Article 3 （Registration, etc.)

Any person who wishes to use the Service by creating an account on the Company Website (hereinafter referred to as the “Registration Applicant”) may apply for registration to use the Service by agreeing to comply with the Terms and providing the Company with certain information specified by the Company (hereinafter referred to as the “Registration Information”) in the manner designated by the Company.

The Company shall determine, in accordance with its standards, whether to approve the registration of the Registration Applicant who submitted an application pursuant to the paragraph 1. If the Company approves the registration, the Company shall notify the Registration Applicant by issuing an account, and upon such issuance, the Registration Applicant’s registration as a Registered User shall be deemed complete.

Upon completion of the registration set forth in the preceding paragraph, a Service Use Agreement shall be formed between the Registered User and the Company, and the Registered User shall be able to use the Service in accordance with the Terms. In the case of a Guest using the Service, the Service Use Agreement shall be formed at the time a sales contract is concluded pursuant to Article 6, paragraph 2.

The Company may refuse registration or re-registration if the Registration Applicant falls under any of the following circumstances, and the Company shall have no obligation to disclose the reason for such refusal. The same shall apply to Guests who use the Service without completing registration under this Article; if any of the following circumstances apply, the Company may refuse their use of the Service and shall have no obligation to disclose the reason.

(1) If any or all of the Registration Information provided to the Company is false, inaccurate, or incomplete.

(2) If the applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.

(3) If the applicant is an antisocial force (meaning organized crime groups, organized crime group members, right-wing groups, antisocial forces, or similar entities; the same applies hereinafter), or if the Company determines that the applicant has any kind of interaction or involvement with antisocial forces, including through financial support or cooperation in their maintenance, operation, or management.

(4) If the Company determines that the applicant has previously violated a contract or terms of use with the Company, or is related to such person.

(5) If the applicant has previously been subject to the measures set forth in Article 11.

(6) If the Company otherwise considers the registration to be inappropriate.

Article 4 (Changes to Registration Information)

Registered Users shall promptly update any changes to their Registration Information through the Service. For any items that cannot be modified directly by the Registered User, the Registered User shall promptly notify the Company of such changes.

Article 5 (Management of Passwords and User IDs)

Registered Users shall be responsible for properly managing and safeguarding their passwords and User IDs related to the Service and shall not allow any third party to use them, nor lend, transfer, change the name of, or sell them.

Registered Users shall bear all responsibility for any damages arising from inadequate management, misuse, or unauthorized use by third parties of their passwords or User IDs.

Article 6 （Purchase and Payment Methods)

When a User wishes to purchase products through the Service, the User shall apply for the purchase in accordance with the method separately designated by the Company.

Upon the User’s application under the preceding paragraph, a sales contract for the relevant product shall be formed between the User and the Company at the time the User places an order on the Website after confirming the delivery address and order details entered by the User, and when an email confirming the order details is delivered to the User from the Company. Notwithstanding the foregoing, if the User falls under any of the items set forth in Article 3, paragraph 4, or if the Company reasonably determines that there is a risk thereof, the Company may refuse to enter into the sales contract and shall have no obligation to disclose the reason for such refusal.

Notwithstanding the preceding paragraph, if the User engages in any fraudulent or inappropriate conduct, violates the Terms (including minor violations), including but not limited to violations of Article 7, or falls under any of the items in Article 3, paragraph 4, or if the Company reasonably determines that there is a risk thereof, the Company may take any measures it deems appropriate with respect to the sales contract, including cancellation, termination, and claims for damages.

Delivery of products through the Service shall be limited to addresses within Japan.

If the User delays payment of any fees, the User shall pay the Company a late payment charge at the rate of 14.6% per annum.

Article 7 (Prohibited 7)

Article 7 (Prohibited Acts)

When using the Service, users must not engage in any of the following acts, or any acts that the Company determines fall under any of the following:

(1) Acts that violate laws or regulations, or acts related to criminal activity

(2) Fraudulent or threatening acts against the Company, other users of the Service, or any third party

(3) Acts that are contrary to public order and morals

(4) Acts that infringe the intellectual property rights, portrait rights, privacy rights, honor, or any other rights or interests of the Company, other users, or any third party

(5) Sending through the Service any information that falls under, or is deemed by the Company to fall under, any of the following:

  • Information containing excessively violent or cruel expressions

  • Information containing computer viruses or other harmful programs

  • Information containing expressions that damage the honor or credibility of the Company, other users, or third parties

  • Information containing excessively obscene expressions

  • Information containing discriminatory expressions

  • Information encouraging suicide or self-harm

  • Information encouraging inappropriate drug use

  • Information containing antisocial expressions

  • Information requesting the dissemination of content to third parties, such as chain letters

  • Information containing expressions that may cause discomfort to others

(6) Acts that place an excessive burden on the Service’s network or system

(7) Reverse engineering or other analysis of software or systems provided by the Company

(8) Acts that may interfere with the operation of the Service

(9) Unauthorized access to the Company’s network or systems

(10) Impersonating a third party

(11) Using another user’s ID or password

(12) Advertising, soliciting, or conducting business activities on the Service without prior approval from the Company

(13) Collecting information about other users

(14) Acts that cause disadvantage, damage, or discomfort to the Company, other users, or third parties

(15) Providing benefits to antisocial forces

(16) Acts intended for meeting unfamiliar individuals of the opposite sex

(17) Directly or indirectly causing, or facilitating, any of the above acts

(18) Attempting to commit any of the above acts

(19) Repeatedly canceling orders, returning items, or refusing delivery (including cases of prolonged absence) 

(20) Any other acts deemed inappropriate by the Company

Article 8 (Exclusion of Antisocial Forces)

1. Users hereby represent and warrant to the Company that:

(1) They are not, and any of their members are not, part of an organized crime group, an enterprise affiliated with an organized crime group, a corporate racketeer, or any similar entity or member thereof (collectively, “Antisocial Forces”).

(2) If the user is a corporation, none of its officers (including employees executing business operations, directors, executive officers, or equivalent positions) are members of Antisocial Forces.

(3) They will not allow Antisocial Forces to use their name, nor will they use the Service for the benefit of Antisocial Forces.

(4) They will not, either by themselves or through a third party, engage in threatening behavior, violence, deceptive conduct, or coercive acts toward the Company, nor will they obstruct the Company’s business or damage its credibility through such acts.

2. If the user violates any part of the preceding paragraph, the Company may cancel the sales contract with the prospective member or existing member and delete the member registration, as well as take any other measures provided under this Agreement without any notice or demand.

3. The Company shall not be liable for any damages incurred by the user arising out of or in connection with the measures in the preceding paragraph. The user shall compensate the Company for any damages incurred by the Company arising out of or in connection with the user’s violation of Paragraph 1.

Article 9 (Suspension of  the Service)

The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the user if any of the following events occur:

The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the user if any of the following events occur:

(1) When urgent inspections or maintenance work is required for the computer systems related to the Service.

(2) When the operation of the Service becomes impossible due to failures of computers or communication lines, operational errors, excessive concentration of access, unauthorized access, hacking, or similar causes.

(3) When the operation of the Service becomes impossible due to force majeure events such as earthquakes, lightning, fire, storm and flood damage, power outages, or other natural disasters.

(4) When the Company otherwise determines that suspension or interruption is necessary.

Article 10 (Attribution of rights)

All intellectual property rights related to the Company’s website and the Service, excluding those belonging to third-party services used for the operation of the Service, belong to the Company or to others that have granted licenses to the Company. The license granted to the User under the Terms does not constitute a license to use any intellectual property rights of the Company or such licensors with respect to the Company’s website or the Service.

Users represent and warrant to the Company that they lawfully hold the rights necessary to post or transmit any Posted Data and that such Posted Data does not infringe any rights of third parties.

Users grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform the Posted Data.　Users also grant other users a non-exclusive license to use, reproduce, distribute, create derivative works from, display, and perform the Posted Data that the User posts or transmits through the Service.

Users agree not to exercise their moral rights (or any analogous rights) against the Company or any person who has succeeded to or been granted rights by the Company.

Article 11 (Account Deletion, etc.)

The Company may, without prior notice or demand, delete or hide Posted Data, temporarily suspend the use of the Service by the User, or delete the User’s registration as a Registered User if the Company reasonably determines that the User falls under, or is at risk of falling under, any of the following:

(1) Violation of any provision of the Terms.

(2) Discovery that the Registration Information contains false information.

(3) Suspension of payment, inability to pay, or the filing of a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar procedures.

(4) No use of the Service for six months or longer.

(5) No response to inquiries or other communications from the Company seeking a reply for more than 30 days.

(6) Falling under any of the items in Article 3, paragraph 4.

(7) Any other reason the Company deems continuation of use or registration as a Registered User to be inappropriate.

In the event the User falls under any of the above, the User shall lose the benefit of any payment terms and shall immediately pay all debts owed to the Company.

Article 12 (Withdrawal)

Registered Users may withdraw from the Service and have their registration as a Registered User deleted by completing the withdrawal procedures prescribed by the Company.

If the Registered User has any obligations owed to the Company at the time of withdrawal, the Registered User shall automatically lose the benefit of any payment terms and shall immediately pay all debts owed to the Company in full.

The handling of user information after withdrawal shall be governed by Article 16.

Article 13 (Modification and Termination of the Service)

The Company may modify the contents of the Service or terminate its provision.

If the Company terminate the Service, we shall provide prior notice to Registered Users.

Article 14 (Disclaimer of Warranties and Limitation of Liability)

The Service is provided “as is” and “as available.” The Company makes no representations or warranties of any kind regarding whether the Service will meet the User’s particular objectives; whether it will deliver the expected features, performance, accuracy, or usefulness; whether the User’s use of the Service complies with any laws or industry rules applicable to the User; or whether the Service will be secure, or free from errors or defects.

Article 15 (Confidentiality)

The User keep confidential any non-public information disclosed by the Company in connection with the Service that is designated as confidential, and shall not disclose or use such information without the Company's prior written consent.

Article 16 (Handling of User Information)

The handling of User information by the Company shall be governed by the Company's Privacy Policy (https://fillintokyo.com/policies/privacy-policy). By using the Service, the User shall agree that the Company handles the User's information in accordance with this Privacy Policy.

Article 17 (Amendments to these Terms)

The Company may modify these Terms whenever it deems necessary. In the event of any modification, the Company will announce the effective date and the revised Terms by posting them on the Company's website or by any other appropriate means, or by notifying Registered Users. However, if a modification requires User consents under applicable laws, the Company will obtain them through a method it prescribes.

Article 18 (Communications and Notifications)

Any inquiries or other communications from Registered Users to the Company, as well as any notices or communications from the Company to Registered Users including notifications regarding amendments to these Terms, shall be made in the manner specified by the Company. 

Any communications and notifications sent by the Company to the email address or other contact information registered by the User shall be deemed to have been received by the Registered User.

Article 19 (Assignment of Contractual Status)

The User may not assign, transfer, pledge, or otherwise dispose of its contractual position under the Service  Agreement, or any rights or obligations under these Terms, to any third party without the prior written consent of the Company.

If the Company transfers the business related to the Service to another entity, the Company may assign its contractual position under the Service Agreement, together with all rights and obligations under these Terms, as well as the registration information and other customer data of Registered Users, to the transferee. The User shall be deemed to have consented in advance to this assignment. For the purposes of this Article, “business transfer” includes not only ordinary business transfers but also any form of business succession, including corporate demergers or other transactions resulting in the transfer of the business.

Article 20 (Severability)

Even if any provisions of these Terms, or any part thereof, is held to be invalid or unenforceable under the Consumer Contract Act or any other applicable laws, the remaining provisions and parts shall continue in full force and effect.

Article 21 (Governing Law and Jurisdiction)

These Terms and the Service Agreement shall be governed by and construed in accordance with the laws of Japan.

Any and all disputes arising out of or in connection with these Terms or the Service Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.