Terms of Service

Exclusively for users (ship owners & management companies)

Article 1: General Provisions (Purpose of these Terms)

These Terms and Conditions ("Terms") apply to the mail-order service (hereinafter referred to as the "Service") operated by N.Y. Corporation (hereinafter referred to as "our Company"), and to transactions (hereinafter referred to as "Transactions") with our Company.

Article 2: Definitions

The meanings of the terms used in these Terms and the definitions concerning the use of this site are as follows:

1. "Product" refers to goods or services provided by our Company to users in a Transaction.
2. "User" refers to individuals who have registered with our Company and use the Service and Transactions.
3. "Retailer" refers to the manufacturer and seller, or the agent of onboard equipment.
4. "Agent" refers to the entity designated by the User for each transaction, responsible for the shipment of products from the retailer to the designated location or to the ship. If a payment delay occurs in a transaction designated by the User, the agent has the obligation to prompt and collect payments from the User.

Article 3: Scope of these Terms

These Terms apply to all relations concerning the Service and Transactions between the User and our Company.

Article 4: Agreement and Acceptance of these Terms

Each time Users use the Service, they must agree to all contents of these Terms. To use the Service, the following requirements must be met:

1. Be a registered User recognized by our Company.
2. Not be associated with gang groups, gang members, quasi-gang members, gang-related businesses, racketeers, social movement activists, special intelligence violent groups, or any other antisocial forces similar to these.

Article 5: Amendments to these Terms

Paragraph 1
Our Company may, at its discretion, amend these Terms in the following cases:

1. When the amendment conforms to the general interests of the Users.
2. When the amendment doesn't contradict the purpose of the agreement, and considering the necessity of the change, the reasonableness of the content after the change, the content of the change, and other circumstances related to the change, it is deemed reasonable.

Paragraph 2
When amending these Terms per the preceding paragraph, our Company will notify the User of the intention to amend the Terms, the content of the Terms after the amendment, and the effective date of the amendment at least one month before the effective date, using the method prescribed in Article 11 of these Terms.

Paragraph 3
If the User uses the Service after the effective date of the amended Terms, it is deemed that the User has agreed to the amendment of the Terms.

Article 6 (User Registration)

To use this service, you must agree to these terms and complete user registration as separately defined by our company. However, we will conduct a review based on our criteria for those who seek to register as users (hereafter referred to as "applicants"). If we determine that an applicant is not suitable to be a user, we will not recognize them as such. Furthermore, the reasons for such a determination will not be disclosed to the applicant.

Article 7 (User Limitations)

Only registered users can use this service. Applicants gain eligibility to use the service once they complete member registration and our company sends them a "Notice of Completion of Use Registration" email. Notwithstanding the previous provision, if, after user registration, it becomes evident that a user is unsuitable, our company may revoke their registration.

Article 8 (Notification of Changes)

Changes to user registration details must be reported to our company using our prescribed format. If a user neglects to notify us of changes in their registration details and as a result cannot receive the desired service, it will be the user's own responsibility, and our company shall not bear any liability.

Article 9 (Cancellation of User Registration)

1. Users can cancel their user registration.
2. Even after canceling the service, users are not exempt from any and all obligations and liabilities arising from the service agreement.
3. If a user withdraws from this service, our company may, at its discretion, delete the user's account.
4. If you wish to register for this service again after withdrawing, you must go through the registration process once more. However, those who wish to re-register must acknowledge in advance that their previous data may not be carried over after re-registration.

Article 10 (Management of Member ID and Password)

1. The management of the Member ID and password shall be the responsibility of the user.
2. The responsibility for any actions taken using the Member ID and password shall be deemed the responsibility of the user who holds that ID.
3. Users shall not allow third parties to use their Member ID and password, nor shall they lend, transfer, change the name of, sell, pawn, or dispose of them in any way.
4. Except in cases attributable to our company, we shall not compensate for any damage caused to the user due to the leakage or unauthorized use of the Member ID and password.
5. If the company suffers damage due to the leakage or unauthorized use of the Member ID and password attributable to the user's fault, the company can demand compensation from the user for such damage.
6. If the Member ID owned by a user is used without permission, or if the Member ID and password are leaked to a third party, the user shall immediately contact our company.

Article 11 (Method of Notification from the Company to the User)

Article 12 (Handling of User Information)

When a user registers with us, various pieces of information associated with the use of this service, such as details reported to us during user registration and transaction history, will be stored on our computer systems.

We will use the registered user information and transaction records we obtain from the operation of this service for the following purposes:

1. To deliver products and provide after-sales service.
2. To send catalogs, direct mail (DM), and emails, and to provide valuable information related to our mail-order business and other related services.
3. To improve existing services and develop new ones.
4. Regarding the provision or entrustment of personal information: Except in the following cases, we will not provide or disclose information such as the user's company name, department name, personal name, address, phone number, date of birth, email address, etc. to third parties.
5. Including server registration, when necessary for the operation of this service.
6. When prior consent or approval has been obtained from the user.
7. When commissioning the handling of personal information within the scope necessary to achieve the explicitly stated purpose to our affiliated business contractors with whom we have a confidentiality agreement regarding personal information. Our affiliated business contractors refer to system development companies, delivery services that undertake the shipping of products, catalogs, DMs, etc., companies that handle phone and email transmissions, address label printing companies for product and catalog shipments, and companies commissioned to collect product fees.
8. When sharing personal information with our affiliated group companies, within the scope necessary to achieve the explicitly stated purpose.
9. When it is necessary to inquire with personal credit information agencies for the purpose of investigating the user's ability to pay.
10. When required by law or court order to provide information.
11. When it's necessary to protect our rights or property.
12. When it's necessary to protect the interests of other users.

Article 13 (User Responsibility)

Section 1: Users must comply with the usage conditions, operational procedures, various terms, and regulations of the network connected to this service. In using this service, users must not engage in the following acts:

1. Using this service for purposes other than purchasing products.
2. Infringing on our or a third party's copyrights, trademark rights, or other rights related to the information included in this service or engaging in activities that may infringe on those rights.
3. Disrupting or interfering with the servers or networks connected to this service.
4. Interfering with the operation of this service by any means.
5. Impersonating another individual, falsely claiming representation or agency rights of an organization, misrepresenting affiliations or cooperative relationships with others, or obtaining multiple IDs for malicious purposes.
6. Violating these terms or laws, whether intentionally or negligently.
7. Illegally using or allowing a third party to use a member ID or password.
8. Modifying information provided on this service without our consent.

Section 2: If a user engages in any of the actions listed in Section 1 or any of the following, we may expel the user or temporarily suspend their use of this service. Also, such users will lose the benefit of term for all debts arising from this service and transactions and will be obligated to immediately pay the full amount owed to us.

1. If a user delays or fails to pay debts arising from this service or transactions.
2. If a user issues or accepts a dishonored check or promissory note, or stops payment.
3. If there is any petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate arrangement, special liquidation, or corporate reorganization concerning the user.
4. If the user's financial condition deteriorates or there are objective reasons to believe that it may deteriorate.
5. If the user or their affiliates are recognized as being part of organized crime groups, members of such groups, related companies or individuals, right-wing activists, or other antisocial forces.
6. If the user is recognized to have engaged in corrupt practices that violate laws of various countries (including the Unfair Competition Prevention Law, the US Foreign Corrupt Practices Act, the UK Bribery Act, etc.).
7. If the user is listed on a trade restriction list of any country's government, or has a business relationship with someone on such a list.
8. If the user is deemed inappropriate by us.
9. When there's misuse of this service or a violation of any clause in these terms.

Section 3: If a user exports a product, they must comply with relevant laws and regulations and not divert the product in violation of those laws.

Section 4: All products are subject to relevant laws under Japanese law.

Section 5: Products made in the USA or containing US-made components are also subject to relevant laws under US law.

Article 14 (Sales Contracts and Product Ordering Method)

1. After user registration with our company, users can order products or use this service. Note that when ordering products using this service, the entry of the member ID and password is required.
2. Orders made using the member ID and password on this service are considered valid expressions of the user's intent and are regarded as legitimate orders.
3. When a user places an order and the store accepts it, confirming the order processing, a sales contract including the product, delivery date, and price is established. Cancellations or changes after ordering are generally not allowed. However, cancellations are possible until the store starts preparing for shipment. Notwithstanding the above, there might be conditions and procedures set by each store where order cancellation or partial changes are possible.
4. Users acknowledge in advance that a sales contract with our company is established when the order processing mentioned in Section 3 is confirmed. However, for products or services that we specifically deem necessary, individual methods and procedures will apply.

Article 15 (Payment Terms and Method)

The method of payment between the User and our Company is by bank transfer. Users are responsible for covering the bank transfer fees.

Article 16 (Product Delivery and Transfer)

1. The estimated time for shipping products is based on what's listed on our website. Users acknowledge that this may vary depending on product availability, stock status, and other circumstances.
2. Users accept that if there are mistakes in the order details or other issues that prevent us from processing the order, or due to uncontrollable factors like traffic issues, bad weather, year-end and New Year holidays, gift-giving seasons, summer holidays, etc., delivery might not occur within the designated period.
3. Due to the User's internet connection, there might be a delay between the order submission time and the time we receive it. In such cases, we consider our reception time as the order time.
4. Product delivery is deemed complete when delivered to the destination specified by the dealership designated by the User.
5. Delivery destinations are limited to within Japan.
6. Overseas shipping of products and loading onto the ship will be carried out under the responsibility of the User and the dealership.

Article 17 (Consumption Tax & Shipping Fee)

Product or service prices and shipping fees listed on our site exclude consumption tax. For domestic transactions, consumption tax will be added. The consumption tax is calculated per item (sale price x quantity) and any value less than one yen is rounded down. Again, bank transfer fees are borne by the User.

Article 18 (Product Defects, Returns, Rejection of Goods, etc.)

1. Upon receiving the product, Users must immediately inspect its content and check for defects. If any defects are found, Users must promptly contact our Company. Both parties (hereafter referred to as "both sides") will earnestly address the cause of the defect.
2. Both sides will handle with sincerity the settlement of defective products or the shipment of replacement items.
3. Our Company's liability for damages due to said defects or flaws is limited to the price of the product in question. We do not take responsibility for any loss of business profits on the User's side due to these matters.
4. In principle, once the dealership accepts the order, we cannot accept returns or cancellations due to the User's personal reasons. However, if the dealership agrees to the return, under the understanding that the User will bear the costs such as shipping fees and cancellation charges, we will accept returns and cancellations.
5. If the User's ordered product is delivered to the shipping destination specified by the dealership, and the dealership refuses to accept it, we will charge a penalty equivalent to the product's value.

Article 19 (Order Limit Amount)

1. The maximum outstanding amount (hereafter referred to as "order limit amount") when purchasing products using our service on a post-pay basis will be determined by our Company.
2. If an order from a User results in the outstanding amount exceeding the order limit amount, we may decline the order or ask for pre-payment, or it may take time to confirm such an order, which might lead to delays in shipping.

Article 20 (Installation and Maintenance of Equipment by the User)

1. Users shall, at their own expense, install communication equipment (including telephone service agreements), computers, and other necessary tools and software (hereafter referred to as "User Equipment") to use this service online.
2. When using this service, Users must maintain the User Equipment to operate properly at their own expense and responsibility and access the website via their chosen internet service provider.

Article 21 (Copyright and Trademarks)

1. The copyrights of the service database, catalogs, designs and configurations of our website and mobile site, and the copyrights of works such as the screens displaying product information, as well as trademarks displayed in the service, belong to us. Users shall not reproduce, sell, or publish any information obtained through our company.
2. Users shall not offer any service similar to or in competition with this service using the information published on the catalog, our website, or mobile site.

Article 22 (Disclaimer)

1. Under no circumstances shall we be liable for any lost profits, indirect damages, punitive damages, or any other special damages resulting from the use of this service by the customer.
2. We shall not be liable for any disputes or damages, etc. (hereinafter referred to as "disputes, etc.") that arise between the customer and a third party due to the use of this service or for disputes, etc. caused by reasons attributable to the customer.
3. Customers shall indemnify and hold us harmless for any obligations, damages, and expenses (including attorney fees) incurred by us due to the actions of the customer.
4. We shall not be liable for any non-performance or delay in performance of our obligations under this contract due to force majeure such as natural disasters, typhoons, earthquakes, power outages, fires, labor disputes, disturbances, epidemics, non-performance of suppliers, changes in laws and regulations, ordinances, rules, notices, administrative guidance or other guidance by the government, related ministries or local public entities, transportation issues, or any other matter beyond reasonable control.
5. We take adequate precautions regarding security when users enter personal information. However, users must acknowledge the risk of information leakage and that the environment may not always be secure.

Article 23 (Compensation for Damages)

1. If a user violates the service usage agreement and causes damage to our company related to the use of this service, the user shall compensate us for all such damages (including attorney and expert fees and the equivalent of our labor costs).
2. If our company receives any claim from other users or third parties due to the use of this service by a user, for reasons such as infringement of rights, the user shall compensate us for the amount we were forced to pay to the third party and the amount we incurred in resolving such disputes, etc. (including attorney and expert fees and the equivalent of our labor costs).

Article 24 (Changes in Service, Price, Specifications, etc.)

We may change a part or all of the service, even during the validity period of catalogs, flyers, etc., after duly notifying the users of any changes to these terms. Similarly, the prices or specifications of the products listed might change or be discontinued.

Article 25 (Interruption of the Service)

1. We may temporarily suspend all or part of the service without prior notice to the user in the following cases:
   1. When it becomes difficult to provide the service due to force majeure such as fires, power outages, natural disasters, riots, wars, etc.
   2. When the provision of the service and related services becomes impossible or difficult due to wars, civil disturbances, riots, labor disputes, etc.
   3. When the service and related services cannot be provided due to measures based on laws and regulations.
   4. When performing regular or emergency maintenance and inspection of the computer system for providing the service and related services.
   5. When we deem it necessary to temporarily interrupt the service for operational or technical reasons or if it becomes difficult to provide the service due to unforeseen circumstances.
2. Notwithstanding the provisions of the preceding paragraph, after making an announcement on the website related to this service, we may suspend or terminate all or part of the service and related services for a considerable period. Even if this causes damage to the user or a third party, we shall not be liable in any way.

Article 26 (Transfer of Status under the Terms)

1. Without our prior written consent, users may not transfer their status under the service usage contract or any rights and obligations under these terms, in whole or in part, to a third party (including a comprehensive transfer due to mergers or company splits) or use them as collateral.
2. If we transfer the business related to this service to another company, we may also transfer our status, rights, and obligations under the service usage contract, as well as registration information and other customer information, to the transferee of the said business. Users are deemed to have agreed in advance to such a transfer. This includes comprehensive transfers due to mergers in which we are the dissolving or splitting company.

Article 27 (Full Agreement and Severability)

1. This contract constitutes all understandings and complete agreement between us and the customer regarding the matters dealt with in this service.
2. Even if any provision of this contract is deemed invalid by a court with jurisdiction, it will not affect the validity of the remaining provisions of this contract.

Article 28 (Governing Law)

The formation, effect, performance, and interpretation of these terms shall be governed by the laws of Japan.

Article 29 (Agreed Jurisdiction)

In the event of a dispute arising out of these terms, the Tokyo District Court or the Tokyo Summary Court will be the exclusive court of first instance, depending on the amount claimed.

Article 30 (Matters for Discussion)

For matters not stipulated in these terms and when there is doubt about the interpretation of any clause, users and our company shall discuss in good faith and resolve them.