Carmost Web site Terms of Service

Carmost Web site Terms of Service

Chapter 1: General Terms

Article 1: General

NTP Carmost Co., Ltd. (hereinafter referred to as the "Company") operates a service named "https://www.ntpcarmost.com" (hereinafter referred to as the "Service" and the website of the Service shall be hereinafter referred as the "Service Website"), an internet service to (i) provide vehicle data of used car parts （hereinafter referred to as the “ Product”）, (ii) provide an online shopping mall to permitted users of the Service (hereinafter referred to as the "User(s)") and (iii) receive orders from and sell to such Users. The Company hereby establishes the following rules and regulations (hereinafter referred to as the "Terms") for the User(s).

Article 2: Scope of and Changes to the Terms

1. The Terms apply to User(s) of the Service. The User(s) shall strictly adhere, in good faith, to the Terms.
2. If changes are made to the Terms, the Company will notify the User(s) of such changes. If a User does not indicate that he or she does not accept changes when he or she next uses the service, or within one week of notification of said changes, such User will be deemed to have accepted the changes.
3. Where one or more Articles or parts of Articles contained within the Terms is deemed ineffective or unenforceable, the remainder of the Articles or parts of Articles will remain fully in force. The Company and/or the User(s) will legitimize the Article or part of Article deemed ineffective or not executable and revise it as necessary in order to make such Article enforceable. The Company and User(s) agree that if any Article, or any part of any Article, is amended pursuant to the forgoing clause, that the such changes shall preserve the legal and economic intention of the original language.
4. The Company and the User(s) may agree to conditions other than those set forth in the Terms, in which case their agreement takes precedence.

Article 3: User Notification

1. Except where otherwise stipulated in the Terms, the User(s) will be notified by the Company via e-mail, via general postings on the Service Website, or by other means deemed appropriate by the Company.
2. Where notification as described in 1 above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the User's e-mail address.
3. Where the notification in 1 above is carried out via general postings to the Service Website, said notification is deemed complete once it has been posted to the Website.
4. Once notification has been completed, any information contained in said notification is effective immediately.
5. The User(s) shall read any notification from the Company made by e-mail without delay. As used herein, “read” shall mean displaying the mail delivered on such User’s screen, carefully reading the content and verifying comprehension of the contents of the notification.

Article 4: Applicable Laws, etc.

1. The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.
2. Only the original English version of these Terms shall have any legal effect and translation hereof is for reference purposes only.

Article 5: Court Holding Jurisdiction

1. Should any dispute arise between a User and the Company with regard to the Service and/or any contracts concluded through the Service, the Company and User(s) agree to attempt to attempt, in good faith, to settle any such disputes through discussion.
2. If the dispute(s) cannot be resolved through discussion between the parties concerned, the parties hereto submits to the exclusive jurisdiction of the Nagoya District Court of Japan in respect to all controversies arising from or in relation to the Service, its performance, or any breach thereof..

Article 6: Prerequisites for Utilizing the Service

1. The User(s) is responsible for obtaining the equipment necessary to utilize this Service, including communications equipment, software, relevant Internet services, etc.
2. Access to the Service Website is permitted only to the User(s) who has the qualification to utilize the Service (hereinafter referred to the "Member Qualification"). The Member Qualification shall be obtained as provided in Article 8.

Article 7: Making Changes to Registration Information

1. Should changes occur in registered user information such as a User(s) name, address, telephone number, facsimile number, email account or other information provided to the Company at the time of registration, the User(s) shall report any such changes to the Company immediately.
2. The Company is not liable for any damages incurred by the User(s) or a third party due to any User(s) failure to inform the Company of the changes in user information, as required above.
3. If a User neglects to inform the Company of changes in registered information, such User understands that the Company will deem any notification delivery complete, if and when notification is sent to such User using the registered information most recently provided by the User to the Company, even if said notification returns to the Company as undeliverable.

Article 8: Member Qualification

The Member Qualification will be provided to an individual or a corporate body when they:

1. agree to the Terms of Service,
2. provide their required personal information specified on the applicable registration screen, and
3. obtain user ID and password.

Article 9: Prohibition

1. Users shall use the Products purchased from the Company for peaceful purposes only and shall not use the Products to develop or manufacture weapons of mass destruction, such as nuclear, biological or chemical weapons and missiles.
2. Users shall not re-export the Products without prior written consent from the Company.

Article 10: Forfeit of Membership

The Company has the right to revoke the Member Qualification of any User(s) in the following situations:

1. In the case of bankruptcy of a User(s), or if the Company decides a User(s) is at risk of bankruptcy.
2. Where the registration information provided by a User(s) is found to be untrue, inaccurate, or incomplete.
3. Where a User(s) is in breach or violation of the Terms or any other agreements with the Company.
4. In the case that the Company decides providing Service to a User(s) would be inappropriate due to any of the following circumstances.
1. User(s) has taken any action that infringes copyrights or other rights of the Company or any third party or actions that pose a threat to such rights.
2. User(s) has taken any action that infringes upon the Company's rights to privacy or any assets, or actions that pose a potential threat to such rights.
3. User(s) has taken any action that causes loss or damage to a third party or to the Company, or any action that poses a potential threat of such loss or damage.
4. User(s) has transferred or attempted to transfer the rights stipulated in the Terms to a third party.
5. User(s) has taken any action resulting in the defamation of a third party or the Company.
6. User(s) has taken any illegal action or any action related to an illegal action, or an action that could potentially lead to an illegal action.
7. User(s) has used the Service using another person’s identity.
8. User(s) has utilized harmful computer programs such as viruses through the Service or in conjunction with the use of the Service, or introduced such programs to any device or website of the Company.
9. User(s) has taken any action leading to inconvenience or loss for the Company or a third party, any action that may interfere with the Service, or any action that impedes the operation of the Service.
10. User(s) has utilized the Service in order to cause significant interference to the use of the Service by other User(s), either directly or indirectly.
11. User(s) has taken any action that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
12. User(s) has taken any other illegal action or any action that may potentially lead to illegal actions.
13. User(s) has taken any other action deemed inappropriate by the Company.

Article 11: Purpose of Use

The User(s) may not utilize any information or files accessed via the Service for any means whatsoever, other than the User(s) individual personal use.

Chapter 2: Information Pertaining to Sales Contracts

Article 12: Payment

1. Where the User(s) wish to purchase the Products from the Company through the Service Website, the User(s) shall remit the amount indicated in the proforma invoice transferred by telegraphic transfer to the Company's Account.
2. The User(s) are responsible to complete a payment within 1 week from the time it receives a proforma invoice.
3. The Company utilizes systems required for proper payment processing, including requiring the User(s) to enter the Chassis No., Full name and Telephone No. on the message line.
4. The User(s) are responsible for any bank fees incurred in the remittance of funds.

Article 13: Conclusion of Contract

1. The User(s) wishing to purchase Products from the Company through the Service shall respond to the proforma invoice which the User(s) received from the Company and confirm the purchase (the "Confirmation of the vehicle").
2. The contract between the User(s) and the Company is concluded according to the Terms where the Confirmation of the vehicle is sent to the Company via email.

Article 14: Termination of Contract

1. Even where the contract has been concluded as described in Article 13, the Company reserves the right to terminate the contract;
1. where the Products cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities;
2. where the User(s) has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the User(s).
2. The Company is entitled to terminate or cancel the contract forthwith by written notice to the User(s) upon the occurrence of any of the following events:
1. User(s) fails to perform any of the terms or conditions contained in the Terms;
2. Insolvency of the User(s) or a voluntary or involuntary petition in bankruptcy is filed by, against or on behalf of the User(s)
3. In instances as described in 1 and 2 above, any funds remitted or payments made to the Company will be returned to the User(s). Any bank fees arising as a result are paid by the User(s), and the Company pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the User(s), and the Company bears no such costs whatsoever.

Article 15: Shipment

1. It is the responsibility of the User(s) to research in advance any import regulations in their own country.
2. It is the sole responsibility of the User(s) to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in 1 above, and the User(s) will not hold the Company liable in any instance whatsoever. Further, the User(s) is liable for any resultant damages incurred by the Company, while the Company bears no liability for any such damages.
3. Local clearance and vehicle registration will be arranged by the User(s).

Article 16: Risk and Title

1. Risk of the Products shall pass from the Company to the User(s) when the Products pass the rail of the ocean-going vessel at the port of loading.
2. The Company shall reserve the title to the Products until the full payment for the Products have been made.

Article 17: Refunds

1. Other than the cases provided in 3 of Article 14, refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on.
2. Bank fees assessed on remittances related to refunds as described in 1 above are paid by the User(s), except where the Company is largely responsible.
3. To qualify for a refund, 30 days from the date of User(s) payment must first pass. If the waiting period has not passed, any refund request will be considered a cancellation and the cancellation rules shall apply to such request.
4. In case of refunds for any reason the company can take up to 60 days to refund the fund and all the cost burden of the process would responsibility of the User(s) as reflected on the article above

Article 18: Product Liability

The Company's sales are based on as-is condition at the time of the sale. The Company bears no liability whatsoever for problems, including failure and/or accidents, with the User(s) purchases of Products where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer. Further, the Company holds no liability for damages so incurred by any third parties.

Article 19: Defect Liability

1. Once property rights have been transferred, the Company is in no way liable for damages incurred by the User(s), including defects or failure. Further, the Company holds no liability for damages so incurred by any third parties.
2. Except where otherwise specified in the Terms, the Company shall not accept any claim with respect to vehicle.
3. The condition described on the Service Website shall be carefully examined by the User(s) on his or her own responsibility.
4. The Company shall not be responsible for any damage found after purchase.

Article 20: Cost Burden

1. The Company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the User(s) or a third party. The User(s) covers the cost burden required to resolve any such issues.
2. In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the Company, the Company will pay all repair and compensatory costs involved, regardless of the rules stipulated in 1 above.

Article 21: Returns

1. Where a Product purchase contract is concluded as stipulated above, the Company will not allow for any returns once the Products or property rights relating to such Products have been transferred.
2. Exceptions to the above may occur where the Company is largely responsible.

Chapter 3: Other Important Issues

Article 22: Safeguarding User Information

1. The Company will not dispose of or disclose information provided to the Company by the User(s) through the User registration process, or information that becomes known to the Company through the process of the User(s)’s use of the Service, except in the following circumstances:
1. Where the User(s) agrees to the disclosure of limited personal information (user ID, address, telephone number, e-mail address, etc.)
2. Where the Company discloses statistics collected on personal information (the type of information where individual the User(s) are not specified) for the purpose of assessing trends in the use of the Service.
3. Where disclosure is required by law.
2. If the User(s) does not the Service for more than three years, the Company may dispose of information provided to the Company by the User(s) through the User registration.
3. The Company will use personal information for the purpose of sending to User(s) direct mails or e-mails to inform such User(s) of the newly-arrived cars and other goods and services of the Company, in addition to the provision of the Service as set out in the Terms.

Article 23: Termination and Suspension of Service

1. The Company may terminate or suspend operation of the Service under the following circumstances:
1. For regular or emergency system maintenance or work on the Service, or under unavoidable conditions such as a company system failure.
2. Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the Service cannot be operated as usual.
3. Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
4. Under any other circumstances where the Company deems temporary suspension necessary to the operation of the Service.
2. The Company will inform the User(s) in advance when operation of the Service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
3. The Company is in no way liable for damages incurred by the User(s) or third parties resulting from termination or suspension of the Service.

Chapter 4: COMPENSATION FOR LOSS

Article 24:

1. Except where otherwise specified in the Terms, the Company is in no way liable for damages incurred by the User(s) or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or abolishment of the Service, leakage or loss of information provided through registration with the Service or other means, or damage otherwise incurred related to the Service.
2. The above may not necessarily apply in cases where there is criminal intent or gross negligence on the part of the Company.
3. The Company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the Service, or of information obtained by the User(s) through the Service.
4. The Company makes no guarantees of proper operation of any user equipment or software.
5. The Company is in no way liable for any disputes between the User(s) and third parties that may arise through use of the Service.
6. In addition to the above, the User(s) is liable for compensation of any damages incurred by the Company as a result of his or her violation of the Terms, criminal intent, or gross negligence.
7. The User(s) shall not assign any of the rights and obligations hereunder without a prior written consent of the Company. In the event an assignment is consented to by the Company, this Agreement shall inure to the benefit of and be binding upon the successor or the assignee.

Article 25: Claim and Compensations

1. No claim shall be accepted unless all of the following requirements are met:
1. The age of the vehicle is less than 10 years;
2. For engine and transmission trouble, the number of miles driven of the vehicle is less 100,000km;
3. The User(s) notifies the Company of any claim in detail in writing within 14 days after the arrival of the vehicle at the destination specified in the Bill of Lading; and,
4. The User(s) sends to the Company the following documents via email or facsimile within 7days after the notice set forth above is sent: port authority's report of any damage or missing items of the vehicle; a reputable local garage's report and quotation in U.S. dollar currency for repairs; and photos of relevant damages
2. The Company shall not be liable for any of the following:
1. Interior damages that are judged as minor, negligible, or invisible (including without limitation scratches, cigar burns, stains and cuts);
2. Missing or damaged interior equipment (including without limitation shift knobs, head rests, sunshades, spare tires, jack tool kits, floor mats, cigarette lighter, and remote controls);
3. Exterior damages that are indicated before purchase, or judged as minor, negligible, or invisible (including without limitation scratches, tiny dents, holes and small rust);
4. Snow tires or wheels without wheel lock nuts removed; or
5. Any consumables including without limitation oil, fuel, tire tread, airconditioning gas, etc.