myHULFT (the “Services”) is a series of services provided by Saison Information Systems Co., Ltd. (the “Company”) to customers who use the Company’s products and to the Company’s business partners in order to improve customer convenience and to provide business support for the Company’s business partners, and thus the Services provide customers and business partners with information from the Company and assist them in the processing of applications and modifications relating to the use and sales of the Company’s products.
Article 2 Membership Registration
Article 3 Refusal of Membership Registration
The Company may refuse the membership registration of an applicant if any of the situations described below apply. In the event membership registration is denied, the Company will not disclose the reasons for its denial.
・when an application contains misrepresented or inaccurate information;
・when an applicant had failed to perform the applicant’s contractual obligations under any of services provided to the applicant by the Company in the past, or the Company deems that the applicant is likely to breach such obligations in the future;
・when the Company reasonably determines that continued provision of the Services is difficult; or
・any other reason which the Company deems may interfere with the Company’s business or operations.
Article 4 Managerial Liability of Account and Password
Use and management of a User’s account and password for accessing the Services shall be the User’s sole responsibility. With regards to their account and password, Users shall not engage in conduct such as leaking, licensing, lending, assigning, changing the name, and selling/buying or pledging as collateral with respect thereto. A password is valid in 90 days from the date of the member registration or the date of last update of a password thereafter. After expiration of such valid period, the login screen requires a User to change a password. Log in to the Service becomes unavailable unless a User changes a previous password. A User shall be responsible for any and all damage caused by failure to appropriately manage its account and/or password (including changing a password in a valid period) or the unauthorized use of the User’s account and/or password, and the Company shall bear no liability whatsoever in such cases. A User shall promptly inform the Company when the User becomes aware of the fact or possibility of the User’s password being lost, stolen, or used by an unauthorized third party.
Article 5 Copyright
Article 6 Links to the Services
In principle, links to the Services shall be freely given regardless of whether for profit or nonprofit purposes; provided, however, that Users should refrain from linking the Services’ to or from websites that fall or may fall within the following types:
・websites which include defamatory material or are intended to cause damage to the credibility of the Company or to any other person or organization;
・websites which infringe or may infringe the intellectual property rights, including copyrights and trademark rights, property rights, privacy rights, portrait rights and any other rights of the Company or any other person or organization;
・websites which may cause any misunderstanding to any third party, including an ambiguous arrangement of the link to Services that opens in the frame of a different website (any link setting shall be arranged to be completely shifted to Services’ screen or to be opened in a new Internet browser window at all times);
・websites which violate any law, including statutes, ordinances, or regulations; or any public order and morals; or
・websites which may interfere with the operation of the Services.
Unauthorized use of Company’s registered trademarks, such as logos and marks, is not permitted. Placing a link in a way which may cause misunderstanding as to the origin of the information to another is not permitted. Moreover, the URL of the Services may be changed by the Company without prior notice. Furthermore, the Company shall not be subject to any liability for compensation, complaints and the like regarding any links, including any links to an external website with respect to the Services.
Article 7 Personal Information
The Company’s efforts on privacy protection can be found on its website. Please read and accept the following terms before providing personal information. The provided personal information will be used in accordance to the provisions of this article within the scope of the business activities of the Company and group companies of the Company.
(1) Purpose of use
The Company will collect the User’s personal information (e-mail address, name, company name, department name, address, telephone number and facsimile number) for the following purposes:
・management and operational support for the Services
・operations associated with registration
・improvement and enhancement of the Services
・communication and announcements to the User regarding the Services
・delivery of goods
・provision of any kind of notification relating to exhibits or seminars, etc. held or sponsored by the Company and other companies in the Company's corporate group
・provision of notification and conduction of surveys relating to the products and services of the Company or the Company’s group companies
・response to inquiries or requests from the User
- Telephone conversation between the Company and the User may be recorded for quality assurance.
(2) Sharing the User’s personal information with a third party
(3) Consignment of personal information
The Company shall not consign all or any part of the personal information provided by a User to a third party.
(4) Precaution before entering personal information
(5) Obtaining personal information through means which the User cannot be easily verified
Article 8 Prohibited Acts
(1) User shall not use the Services for the purpose of engaging in unlawful activities, wrongdoing, or any other activities intended to cause damages to another. Users shall agree not to engage in any activities which will or may cause damage to the Company’s equipment, network, and the like, as well as not engage in any of the following prohibited activities which may interfere with the use of the Services or other activities which are similar to the following:
・publishing, uploading, distributing or spreading the topic, name, material, or any other information which is or may be considered inappropriate, vulgar, harmful, defamatory, infringing, obscene, abusive or unlawful;
・uploading or creating a convertible condition of images, pictures, software, or files, including any other materials that are protected by intellectual property-related laws such as copyright law and trademark law;
・using the Services in a way that infringes the right of a third party such as copyright, trademark, patent, trade secret or any other property rights;
・unlawfully rewriting or deleting the information stored in the Company’s equipment;
・using or uploading a computer virus and any other similar software or program that contains malicious programs or methods which may cause damage to the performance of a computer or a property of another, or any computer defectives;
・downloading file posted on the Services indicated as being impermissible to copy or distribute;
・concealing or deleting the copyright management information, such as the indication of the author, legal or any other appropriate notice, or copyright display or label contained in software and files;
・falsely stating the identifying information (user name, e-mail etc.) for the purpose of deceiving another;
・restricting or interfering with other Users’ use of the Services;
・obtaining personal information of another, such as e-mail address, without consent;
・posting a website link for the purpose of or in a manner aiding wrongful conduct with knowledge that such conduct falls under the foregoing prohibited acts;
・engaging in any other conduct which offends public order and morals or undertaking any actions that the Company deems as infringing the rights of a third party.
(2) User may not utilize (regardless of the form of use, duplication, reproduction, storage, reuse, sale, resale) the Services, or any contents or matters of the Services, in whole or in part for business or commercial purposes without obtaining the prior written consent from the Company.
Article 9 Suspension of Use
If the Company determines that any of the following events apply to a User, the Company may suspend use of the Services (termination of service agreement) without any prior notice or demand to the User.
（1）the Company cannot get in contact with the User through telephone, facsimile, e-mail, etc.;
（2）postal mail sent to the User is returned to the Company for any reason, including “address unknown”;
（3）if the User is subject to criminal punishment based on violation of law or regulation;
（4）if the payment of the User’s debts ceases or the User becomes insolvent;
（5）any bill or check issued by the User is dishonored;
（6）a petition for attachment, provisional attachment or foreclosure sale is filed with respect to the User, or the User is subject to disposition of delinquency on tax and public dues;
（7）a petition for bankruptcy or civil rehabilitation is filed by or with respect to the User, or there are significant concerns as to the User’s credit status;
Inquiries and complaints regarding actions taken in respect of any suspension of use (termination of service agreement) against Users by the Company shall not be accepted whatsoever.
In the event the service agreement is suspended (terminated), Users will lose the benefit of any grace period and all liabilities incurred as of that time to the Company (including any outstanding usage fee of separate services) shall become promptly due and payable in a lump sum.
Article 10 Alteration, Cessation, Suspension of the Services and Contents
・When performing periodic or emergency maintenance of facilities for the Services etc.;
・When the Services etc. cannot be provided because of fire, power failure and similar events;
・When the Services etc. cannot be provided because of earthquake, tsunami and similar events;
・When the Services etc. cannot be provided because of war, riot, rebellion, labor disputes and similar events; or
・When operational or technical matters of the Company so require.
Article 11 E-mail Delivery
Users agree to the delivery of an e-mail providing notice of important matters (including notices with respect to any suspension of the Services) regarding the Services from the Company. The Company shall not be liable for any damage caused by the delivery of any such e-mail or the contents of e-mail.
Article 12 Warranty on Contents
In the event that the Company becomes aware of any inaccurate content on the websites related to the Services, the modification and/or deletion with respect thereto will be performed at the Company’s discretion; provided, however, that the Company does not bear any obligation to guarantee the accuracy of the contents of the Services and the indicated matters, and the Company shall not be liable for any correction of the inaccurate information or actions it takes with respect thereto. If, as a result of the said contents and indicated matters being disseminated, Users suffer any damage, the Company shall not have any liability whatsoever therefor.
Article 13 Response to Requests
The Company shall not have any liability whatsoever for its responses, or failures to respond to requests sent from Users through the Services.
Article 14 Subcontracting
The Company may subcontract to a third party all or part of its operations necessary or appropriate to offer and maintain the Services for Users.
Article 15 Registration of Users
User applicants shall apply for use of the Services in accordance with the procedures prescribed by the Company. At the time the Company approves a User, a service agreement regarding the Services is deemed to be formed between the User and the Company.
Article 16 Editing User’s Registered Information
If a User’s registered information changes, the User shall promptly follow the updating procedures in the manner and method prescribed by the Company.
If the User suffers any loss prior to performing the foregoing procedures or as a result of failing to or in delaying to perform the foregoing procedures, the Company shall not be liable for any of such loss.
Article 17 User’s Responsibilities
Users shall use the Services in accordance with the following matters:
（2）when using the Services, if there are relevant procedures prescribed by the Company, to act in accordance with such procedures;
（3）concerning acts and contents permitted online, to fully understand that the Internet is used globally and to comply with the law and regulation of the country and region where the User is located;
（4）if technical information is sent from and to the country where the User is located, to comply with the law and regulation of such country with respect to the export of technology;
（5）Users may not be residents of any of the following countries or regions (or, in the case of item (xvii), be a person designated as such):
(ii) Central African Republic
(iii) Democratic Republic of the Congo
(iv) Cote d’Ivoire
(x) North Korea (the Democratic People’s Republic of Korea)
(xiv)The area of the Crimean Peninsula of Ukraine
(xvii)The United States Department of the Treasury’s Specially Designated Nationals
(xviii) Any other country or region which the Company determines to be equivalent to the foregoing;
（6）Users cannot select any of the countries or regions in the foregoing paragraph (5) as a country or place to use the Company’s products; and
（7）Users shall not be indicated on the Denied Party List of the United States Department of Commerce.
Article 18 Usage Fee
Article 19 Intellectual Property Rights etc.
Intellectual property rights etc. of the contents etc. of the Services belong to the Company or the third party legitimate right owner thereof (including any business partner providing the said contents to the Services).
Users shall not duplicate, disclose, transmit, distribute, transfer, rent, translate, adapt, license, reprint, or reuse the Services, software, or their contents (in whole or in part), unless a User has obtained the prior written consent from the Company or the relevant business partner.
In the event the User violates clause 2 above, the User acknowledges that the Company has a right to seek an injunction against the use of the contents and items which have been impermissibly duplicated, disclosed, transmitted, distributed, transferred, rented, translated, adapted, licensed, reprinted, or reused (as the case may be) and that the violating User shall pay, based on the Company’s claims, an amount equivalent to the profit made by the User as a result of such violative acts and the Company shall be entitled to also claim damages suffered by the Company and its business partners as a result of such acts.
Article 20 Facilities etc.
The User shall be responsible for the communication costs necessary for the User to use the Services and for the facilities (computer, communication device, software, connection environment to the Internet) necessary to use the Services at its own expense and at its own liability.
The Company shall separately post the environment in which the Services become available (“Corresponding Environment”) on the Company’s website.
The User acknowledges that the Services may not be available if the User’s facilities do not meet the Corresponding Environment indicated by the Company. The User further acknowledges that despite use in the Corresponding Environment, the Services may not be available depending on the User’s personalized usage environment, computer setting, etc.
Article 21 Withdrawal
In the event the User desires to terminate use of the Services, the User will be deemed as withdrawn (termination of the service agreement) if the User carries out the withdrawal procedures designated by the Company and the Company confirms the same.
In the event the User cannot withdraw based on grounds attributable to the User, such as a result of the User’s loss of personal verification information, the Company is not obliged to respond to the withdrawal request.
The Company shall not be liable for any damages whatsoever incurred by the User based on the Company’s acts performed under this Article.
Article 22 Responding to Surveys
There may be times when the Company conducts surveys of the Users of the Services for the benefit of the Company, its business partners and its client companies.
The Company will request participation in the survey through email or other means directed to the Users who are selected based on the purpose of the survey (“Survey Target”). Even if a User whom the Company did not select as a target of a particular survey desires to participate in the survey, such request will not be accepted.
Survey Target shall, in accordance with the instructions given by the Company, access the online inquiry site designated by the Company through e-mails or other means, and respond to the prescribed inquires posted on the given site by the deadline indicated, provided, however, that the Users acknowledge that there are times where the Company may close the answer session with respect to a particular survey earlier than the originally defined deadline if it determines that the purpose of the survey has been satisfied or for any other reason, and that even if the User is selected as a Survey Target, such User will not be able to respond if the answer session has closed.
Internet connection fees, communication expenses, packet transmission charges, and any other expenses required for responding to surveys, confirming and modifying responses, and other inquiries or correspondence made from a Survey Target to the Company through telephone, facsimile or e-mail shall be borne by the Survey Target. Further, any Internet connection fees, communication expenses, packet transmission charges, and any other expenses incurred for receiving any cooperation request and communication from the Company to a Survey Target shall be borne by the Survey Target.
Survey Target shall respond to the survey in good faith and shall respond to each question and use its best efforts to respond to all questions.
Article 23 Matters Prohibited to Survey Target Regarding Surveys
Intellectual property rights and the related rights with respect to the information provided or delivered to Survey Target at the time the Company requests their cooperation in a Survey are reserved by the Company, its business partners, or client companies of the Company; and the provision of such information does not grant any rights therein to the Users or Survey Target. Users cannot use such information without obtaining authorization. Further, Survey Target is prohibited from placing a link or disclosing the URL of the survey inquiry page without obtaining authorization.
Article 24 Handling the Gathered Survey Response Data
Gathered Data other than personal information may be browsed and downloaded by the business partners or client companies of the Company.
Once the responses have been provided, the Company cannot confirm, disclose, modify or delete the Gathered Data, even if a Survey Target so requests.
Survey Target cannot claim intellectual property rights or any other rights with respect to the Gathered Data, and the Company is permitted to freely modify, edit or delete any or all of the Gathered Data.
The Company, its business partners and its client companies may freely use the Gathered Data, excluding personal information, and may disclose and release such information without obtaining approval from the Survey Target.
Article 25 Assignment of Rights
Article 26 Indemnification
The liability the Company owes to the Users in relation to the Services is limited to operating the Services with the due care of a prudent manager so that the Users can use the Services without difficulty. The Company shall not be liable for any of the matters set forth in the items below unless the Company is willfully or grossly negligent, and in any event shall not be liable to pay any compensation whatsoever.
(1) any damages incurred by Users or any other third party attributable to the use of the Services or in relation to the Services (includes damages attributable to problems which occurred between Users and third parties) and any damages incurred by Users or any other third party due to the Services not being available (including but not limited to the following specific items of this clause);
(3) any (i) failure, difficulty, power failures etc. of any system through which the Services are provided and Acts of God beyond the Company’s foreseeability, such as failure of communication lines, or (ii) deletion or loss of personal verification information, personal information or other data regarding the Users due to system failure and damages resulting from to such problems;
(4) any obligation to pay any expenses the Users incur in relation to any modification of the Services (including but not limited to telephone bills and fees related to contracts with Internet service providers);
(5) any defects which may occur in relation to using the Services, such as failure in relation to the installation process of computer programs; or
(6) any damages incurred by Users or third parties in the event the contents of the Services are changed, suspended or discontinued (terminated).
Article 27 Compensation to the Company
In the event a User inflicts damage to the Company or others based on the User’s use of the Services, such User shall compensate for damages at its own expense and liability. Further, if the Company incurs any expense in relation to responding to such claims or demands, or if the Company makes any compensation payment or the like, the relevant User shall bear all said expenses and compensation payment (including attorney’s fees paid by the Company).
Article 28 Governing Law and Jurisdiction