NAVI CAP 2024 BLACK

Article 1 Application of Terms

1. These Terms and Conditions stipulate the terms and conditions under which our Company provides this Service and under which Users may receive this Service.
2. In addition to these Terms, the Company may establish individual terms and conditions or other guidelines regarding the use of the Service in relation to the provision of the Service.
   In such cases, the individual terms and conditions and other guidelines shall take precedence over the User's use of the Service as part of these Terms.
3. If a user uses this service, the user is deemed to have agreed to these terms and conditions.
4. If the user is a minor, the user must obtain consent from a parent or other legal guardian to use the Service.
   We will assume that any use of the Service by a minor user is done with the consent of a parent or other legal guardian.

Article 2 User Registration

1. Users can register for use by registering the necessary information in the manner specified by our company.
2. Users must provide the Company with accurate and up-to-date information regarding their registration details.
3. If there is a change in whole or in part to the name, address, telephone number, or other information registered with our company, the user must immediately change the registered information in a manner separately specified by our company.
4. We shall not be liable for any damage or disadvantage suffered by a user due to inaccurate or false registration information, or failure to notify changes to the information.

Article 3 ID and Password Management

1. When a user registers, the Company will issue an ID and password.
2. Users must strictly manage and store their IDs and passwords and must not lend, transfer, sell or otherwise allow a third party to use them.
   The Company shall not be liable for any damage or disadvantage suffered by a user due to insufficient management of ID or password.
3. If a User loses or forgets their ID or password, or if they find that it is being used by a third party, they must immediately notify the Company.
4. Any use of the Service using an ID and password issued to a User will be deemed to be an act of the User himself/herself, regardless of whether such use is genuine or not, and the User shall bear all responsibility arising from such act.

Article 4 Purchase or use of products, etc.

1. When a User wishes to purchase any products, digital content or services (hereinafter referred to as "Products, etc.") provided by this Service, the User shall make an application to purchase the Products, etc. in accordance with the method specified by the Company.
2. When making an application under the preceding paragraph, the User will confirm the information entered by the User and the contents of the application, click the button to confirm the purchase, and a contract for the purchase of the applicable Product, etc. will be concluded between the User and our company when our company receives the application.
3. The scope of this service (including, but not limited to, delivery destinations and user address registration) is within Japan.
4. Notwithstanding the provisions of this Article, in the event of a violation of these Terms of Use in relation to the use of the Service, the Company may cancel the purchase contract, request damages, or take any other measures that the Company deems appropriate. The Company shall not be liable for any damage or disadvantage suffered by the User as a result of such measures, except in cases where such damage or disadvantage is due to the Company's willful misconduct or gross negligence.

Article 5 Payment Method

1. The User shall pay the price of the Products, etc. displayed during the purchase procedure of the Products, etc. referred to in the preceding article.
2. Payment methods for the prices of the Products, etc. shall be the methods indicated during the purchase procedure or other payment methods separately approved by our company.
3. In the case of cashless payment, the user shall comply with the terms and conditions of the separate contract between the user and the payment company. In the event of any dispute between the user and the payment company in relation to the use of cashless payment, the user shall resolve the dispute at his/her own responsibility and expense.

Article 6 Title and Risk

Ownership of the products will be transferred to the user when we or a third party affiliated with us delivers the products to the delivery company, and risk in the products will be transferred to the user at that time.

Article 7 Use of Content

If the subject of the application is digital content, the digital content will be available for use after the purchase is completed. Any loss, destruction or damage of downloaded content will be the responsibility of the user. For the avoidance of doubt, intellectual property rights such as copyrights related to the digital content will not be transferred to the user.

Article 8 Return and exchange of products

1. Regarding this service, we do not accept returns or exchanges of products, etc., except in the following cases.
   1. In case of defects or malfunctions of products, etc.
      In this case, you must notify us within seven days of receiving the product, using the method specified by us.
   2. Other cases determined independently by the Company
      In this case, details such as the return and exchange acceptance method will be specified in the shop guide on this site.
2. Purchases by minors are also considered to have been made with the consent of a parent or other legal guardian, so we do not accept returns or exchanges of products.

Article 9 Disclaimer regarding Products, etc.

1. Our liability for defects in the quality, functionality, performance, compatibility with other goods, and other defects of the Products sold through this Service shall be limited to what is set forth in the preceding article, except in cases where such defects are due to our intentional or gross negligence.
2. The Company does not guarantee the legality, usefulness, completeness, accuracy, recency, reliability, or suitability for a particular purpose of the display on the website of the Service, photos and comments posted by users regarding Products, etc., and comments posted on X (formerly Twitter), Instagram, or other SNS services.

Article 10. Intellectual Property Rights and Content

All intellectual property rights, including copyrights, and other rights to all materials constituting this service belong to our company or a third party that holds the relevant rights. Users shall not acquire any rights to any materials in this service, and shall not take any action that infringes the rights to the materials without the permission of the rights holder. The permission to use this service under these terms does not imply a license to use the rights of our company or a third party that holds the relevant rights in relation to this service.

Article 11 Notice to users

We will periodically or irregularly send users email newsletters and push notifications for smartphone and other applications to inform them of the latest information and recommendations regarding the services we provide.

Article 12 Changes, additions, and suspension of service content

We may change, add to, or discontinue all or part of the content of this service without prior notice to users, and users agree to this in advance.

Article 13 Personal Information

We will handle personal information obtained through users' use of the Service appropriately in accordance with our Privacy Policy.

Article 14 Prohibited Matters

1. Users are prohibited from engaging in the following acts:
   1. Any action that interferes with or may interfere with the operation of this service
   2. Any act that interferes with other users' use of the Service
   3. Any act of infringing copyright or other rights related to the Service
   4. Any act that infringes on the rights or interests of the Company, other users, or third parties (including, but not limited to, the right to reputation, the right to privacy, and copyright).
   5. Actions that violate or may violate public order and morals or other laws and regulations
   6. Any act violating these terms and conditions
   7. In addition to the above, any other conduct that the Company deems inappropriate in light of the purpose of the Service.
2. If the Company determines that the User has engaged in any of the acts set out in the preceding paragraph, the Company may, without prior notice to the User, suspend the use of all or part of the Service or take any other measures that the Company deems necessary and appropriate. The Company shall not be liable for any damage or disadvantage incurred by the User as a result of the measures set out in this paragraph.

Article 15 Exclusion of Antisocial Forces

The User hereby promises the following to the Company:

1. You are not a member of an organized crime group, a company related to an organized crime group, a corporate racketeer, or any other person equivalent to these (collectively referred to as "anti-social forces" below).
2. None of our officers (employees, directors, executive officers or persons of equivalent status who execute business) are members of anti-social forces.
3. The person who is entering into this Agreement will not allow anti-social forces to use his/her name.
4. You will not engage in the following acts either by yourself or through a third party:
   1. Using threatening words or violence against the other party
   2. Unreasonable demands that go beyond legal responsibility
   3. Acts of disrupting the business of the other party or damaging its credibility by using fraudulent means or force

Article 16 Disclaimer

1. In the event that all or part of the Service is suspended, interrupted or delayed due to natural disasters, war, terrorist acts, riots, labor disputes, epidemics, the enactment, amendment or repeal of laws and regulations, intervention by a government agency or other force majeure, the Company shall not be liable for any damage or disadvantage suffered by the User.
2. Users understand that the Service may be stopped, interrupted, or delayed in whole or in part due to communication line or computer failures, system maintenance, or other reasons, and the Company shall not be liable for any damage or disadvantage caused to the User by these. Furthermore, the Company shall not be liable for any damage or disadvantage caused by the User's usage environment.
3. The Company makes no warranty, express or implied, regarding the following:
   1. The usefulness, completeness, accuracy, currency, reliability, or suitability for a particular purpose of the content of the Service and any information provided through the Service.
   2. The information provided through this service does not infringe the rights of any third party.
   3. This service will continue to exist in the future.
4. Regardless of the reason, if all or part of the Data etc. is lost, damaged or altered, the Company shall not be obligated to restore such data, and shall not be liable for any damages incurred by the customer or a third party due to such loss, damage or alteration.
5. If the Company is liable to a user in connection with the user's use of the Service, the Company shall not be liable to pay compensation in excess of the value of the relevant products, etc., and shall not be liable to pay compensation for incidental damages, indirect damages, special damages, future damages, or damages related to lost profits.
6. Notwithstanding any other provisions of this Article, the disclaimer provisions shall not apply if the agreement between the Company and the user regarding the Service is a consumer contract as defined in the Consumer Contract Act and is caused by the Company's intentional or gross negligence.

Article 17 Confidentiality

When using the Service, Users must not disclose or leak to a third party any information disclosed to them by the Company or that they become aware of, and must not use such information for any purpose other than the use of the Service.

Article 18 Notification from the Company

1. When the Company issues a notice to a User, the notice will be sent by email to the email address registered by the User, posted on the website related to the Service, or by any other method that the Company deems appropriate.
2. When we give a notification to a user by sending it to the email address in the preceding paragraph, our notification will be deemed to have been received by the user at the time it is recorded on the mail server of that email address.
3. Users shall promptly notify the Company of any changes to the email address set forth in paragraph 1. Any notification sent by the Company to the previous email address prior to receiving notification of the changes in this paragraph shall be deemed to have reached the User at the time of sending.
4. We shall not be liable for any damage or disadvantage suffered by the user as a result of the user's failure to give the notification set forth in the preceding paragraph.

Article 19 Disputes with Third Parties

1. Regarding any disputes that arise between a user and a third party in relation to this service, the user shall resolve them at his/her own expense and responsibility, and the Company shall not bear any responsibility whatsoever.
2. If the Company incurs damages (including attorney's fees) in connection with the preceding paragraph, the User shall compensate the Company for such damages.

Article 20 Prohibition of Transfer of Rights and Obligations

Users may not assign, transfer, grant a security interest in, or otherwise dispose of to a third party, all or part of their contractual status under these Terms and Conditions and the rights and obligations arising from them without our prior written consent.

Article 21 Severability

If any provision of these Terms of Use is found to be invalid due to violation of laws and regulations applicable to the contract with the User based on these Terms of Use, such provision shall not apply to the contract with the User to the extent of such violation. Even in such case, the validity of other provisions of these Terms of Use shall not be affected.

Article 22 Changes to these Terms

If it becomes necessary to change these Terms, the Company may do so in accordance with Article 548-4 of the Civil Code (Changes to Standard Terms and Conditions). When changing these Terms, the Company will determine the effective date and will notify the following matters by email or other means prior to the effective date.

1. Changes to these Terms
2. Changes to these Terms and Conditions
3. Effective Date

Article 23 Governing Law and Jurisdiction

1. These Terms and Conditions shall be governed by and construed in accordance with Japanese law.
2. The Company and the User agree in advance that in the resolution of any disputes that arise between the Company and the User in relation to the Service, the User shall submit to the exclusive jurisdiction of the Tokyo District Court as the court of first instance from the date of delivery of the Products, etc.