Chapter 1 General Provisions
Article 1 (Definitions)
In these terms and conditions, the definitions of terms are as follows.
1. "This Service"
Cloud service provided by the Association (commonly known as JMAA Cloud)
2. "Member"
Corporations and organizations that have approved these terms and conditions and applied to use this service in accordance with the procedures specified by the Association, and those who have been approved to use this service by the Association
3. "Subscriber"
People who are registered in the member's email distribution management
4. "Member"
People who purchase the member's products
5. "Business day"
The day on which the Association accepts various applications, inquiries, notifications, etc. for this service (collectively referred to as "applications, etc."). All such applications are only accepted on business days. (A day is defined as 10:00 to 17:00 (hereinafter referred to as "business hours") on days other than business days and outside business hours. Applications, etc. made on days other than business days and outside business hours are deemed to have been made on the next business day.)
Chapter 2 Contract
Article 2 (Unit of contract)
The Association will enter into one Service Contract for each Service. By pressing the registration button below, you are deemed to have agreed to these terms and conditions.
Article 3 (Application for Contract)
- Before applying for this service contract, Members, Subscribers, and Members must apply for a trial of this service, and during the trial period, must verify and consider for themselves whether the service is likely to operate normally on the terminal equipment and other environment used by the customer for this service, and whether it can perform to the customer's satisfaction. In rare cases, the service may not be provided normally due to the combination of the Association's managed network, terminal equipment, etc. Therefore, the conclusion of this service contract is based on the assumption that such consideration has been made, and if the customer is forced to cancel this service contract due to failure to make such consideration, the Association shall not be liable for any damages, etc. Furthermore, no refunds will be made.
- When applying for this service contract, you will be required to submit to the Association via the web or in a manner specified by the Association the name of the billing address, telephone number, fax number, email address, and other information designated by the Association to identify the contents of your application (collectively, "Customer Information, etc."). You may be required to submit documents to the Association verifying the facts of these items.
- The Association's handling of Customer Information, etc. will be in accordance with the privacy policy set out on the Association's website (https://jmaa-cloud.com/privacy/).
Article 4 (Acceptance of contract application)
The Association may not accept the application for this service or may cancel the contract if any of the following items apply to the application.
(1) If the application is made with false information.
(2) If the applicant has neglected contractual obligations in the past for each service provided by the Association, or if the Association judges that the applicant is likely to neglect such obligations in the future.
(3) If the Association judges that the continued provision of this service is difficult for reasonable reasons.
(4) If the Association judges that there is a significant impediment to the performance of business.
Article 5 (Notification)
If there are any changes in the customer's information, etc., the following applies.
(1) If there are any changes in the customer's information, etc., the customer must promptly notify the Association via the website or by any other method specified by the Association.
(2) If the notification in the previous item is made, the customer may be required to present documents verifying the fact of the notification to the Association.
(3) If the Customer notifies the Association of any changes to Customer information, etc., the Association shall thereafter send or transmit any communications or notices to the Customer to the new address. If Customer information, etc. is changed without the notification under Article (1) of this Article, the Association shall not be liable for any damages incurred by the Customer, the Designated Member, or any third party due to the Association notifying or contacting the previous address, or due to the Association being unable to contact the Customer.
Article 6 (Prohibition of Transfer, Security, etc.)
The Customer may not transfer, lend, lease, pledge, or otherwise use the right to receive the provision of the Service as security.
Article 7 (Entrustment)
The Association may entrust all or part of the business related to the provision of the Service to a third party without the Customer's consent. However, in such case, the Association shall be responsible for managing the entrusted party.
Article 8 (Termination and termination of the contract)
1. Termination by the Association shall be as follows.
(1) If the Customer falls under any of the following items, the Association may immediately terminate this Service Contract without any notice to the Customer.
- If the customer violates any of the provisions and conditions of these terms and conditions
- If there is any false statement or omission in the application details
- If the customer causes or is likely to cause any disruption to the Association's business operations
- If the customer receives a petition for provisional attachment, provisional disposition, compulsory execution, auction, etc., a notice under Article 2 of the Law on Provisional Registration Security Contracts, a disposition for the suspension of transactions by a bill clearing house, or a disposition for default on the payment of taxes and public dues, or if any reason arises to receive such petition, disposition, or notice
- If the Company is unable to contact the customer by telephone, fax, or email for an extended period of time
- If the Company determines that the customer has invited the customer for the purpose of avoiding advertisements, etc.
- If the customer has not paid the service fee for four months or more
- If the same person has obtained multiple free accounts
Measures after termination or cancellation will be as follows.
If the termination date of this service arrives during the service period, no refunds will be made for the service period already applied for, regardless of the reason for termination. Even if the service is automatically renewed, it will be treated as if the application had been made and will be treated in the same manner.
Chapter 3 Contents
Article 9 (Settings Maintenance)
Please set up the terminal equipment required for using this service and maintain it so that it complies with technical standards and technical conditions. Please note that such setting and maintenance are the responsibility of the customer and at their own expense.
Article 10 (Payment Obligation)
- The customer shall pay the applicable service fee by the due date stated on the invoice issued by the Association. Please note that the customer shall bear the bank transfer fee.
- If the customer has not paid the service fee or other debt by the due date, the customer may be required to pay the Association late interest calculated at a rate of 14.5% per annum for the period from the day after the due date to the day before the payment date.
(Note) The rate per year stipulated in this article shall be the rate per 365 days, even for periods including leap years.
Article 11 (Changes to contract contents)
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The procedure for changing the contract contents shall be as follows, depending on the content of the change. However, in all cases, the request must be made via the website or other method specified by the Association.
The price after the change shall be as stated on the Association's website (http://www.xxxxxxxxxxxxxxxxxxxxxxxxxxx),
and payment of the said fee shall be in accordance with the provisions of Article 13.
- Notwithstanding the provisions of the previous article, changes to customer information, etc. shall be in accordance with the provisions of Article 5 of this Agreement.
Article 12 (Restrictions and Prohibitions)
When using this service, customers are prohibited from engaging in the following acts. If the Association determines that any of the following acts have been performed, the account may be suspended.
(1) Granting or granting the right to use this service to third parties other than registered members
(2) Copying, distributing, lending, transmitting to third parties, leasing, or setting as security the service ID
(3) Modifying, translating, changing, modifying, analyzing, creating derivative services, or distributing documents or programs related to this service
(4) Any act that causes disadvantage or damage to the Association or third parties, or any act that may do so
(5) Any act that goes against public order and good morals
(6) Any act that violates laws and regulations, any act that aids in such acts, or any act that may do so
(7) Any act that registers or provides information or data that contains harmful programs
(8) Any act that interferes with the operation of this service and all other services provided by the Association, or any act that may do so
(9) Any act that damages the credibility or reputation of this service and all other services provided by the Association, or any act that may do so
(11) Using the communication functions included in the Service to send large amounts of information, or indiscriminately sending e-mails to unspecified people against their will, or sending e-mails to recipients that have not been approved in advance.
(12) Posting sexually prostitution, content that is deemed to be prohibited for viewing by minors under the age of 18, or violent content.
(13) If the monthly fee is overdue for more than four months.
(14) Any other actions that the Association deems inappropriate.
Article 13 (Self-management of Service ID, Access URL, System Administrator Password, Each Account, and Each Password)
- Customers should be careful when handling their Service ID, Access URL, System Administrator Password, Each Account, and Each Password, and should not disclose, leak, or disseminate them to third parties other than registered members.
- The Association shall not be liable for any direct, indirect, or other damages incurred as a result of the Service ID, Access URL, System Administrator Password, Each Account, or Each Password becoming known to third parties other than registered members, or for any subsequent inability to use the Service. However, this does not apply if the Association is at fault.
Chapter 4 Suspension of Service, etc.
Article 14 (Suspension of Service)
- The Association may suspend provision of the Service in any of the following cases.
(1) When unavoidable circumstances arise due to the maintenance of the Association-managed network or other systems necessary for providing the Service, the maintenance or construction of telecommunications equipment, or when unavoidable failures occur in these.
(2) When a significant load or failure is placed on the Association-managed network, making it difficult to provide normal service, or when the Association judges that it is difficult.
(3) When the Association recognizes that the provision of the Service may cause significant damage to customers, third parties, etc., due to data tampering, hacking, etc.
(4) When it becomes difficult to provide the Service under this Service Agreement due to a telecommunications carrier or a domestic or foreign telecommunications business suspending or ceasing the provision of telecommunications services.
(5) When an emergency occurs or is likely to occur due to a natural disaster, war, civil unrest, the establishment or amendment of laws and regulations, or other force majeure.
(6) When the Association judges it necessary to suspend or halt provision of the Service.
- As a general rule, the Association will not accept emergency suspension requests from Customers or third parties.
- The Association shall not be liable for any damages suffered by Customers or third parties as a result of the Association suspending the Service or being unable to suspend the Service.
- If, during the service period, the Service is suspended due to reasons attributable to the Association, resulting in a state in which Customers are completely unable to use the Service, and within 24 hours from the time the Association becomes aware of the occurrence of such a state,
(1) If the customer does not make a claim within one month from the date of a can be performed a claim for payment or refund of the fee equivalent.
(2) If the fee equivalent of less than 10,000 yen.
Article 15 (of the service change, some abolition)
- Association regardless of the customer's recognition how, you may want to change and abolish some of the contents, etc., of this service without giving prior notice.
- Association may be changed regardless of the customer's recognition how, the free version function without giving prior notice to the paid version.
Article 16 (abolition of the service)
Association will be able to abolish all of the provision of the services in accordance with the present service contract. It should be noted that, in this case, the association is to you, before 3 months or more than the abolition date, by means of which the association is to provide, shall be notified.
Chapter 5 Disclaimer, etc
Article 17 (abolition of the service)
Association will be able to abolish all of the provision of the services in accordance with the present service contract. It should be noted that, in this case, the association is to you, before 3 months or more than the abolition date, by means of which the association is to provide, shall be notified.
Article 18 (Limited Warranty)
- Customers, confirmed damage of direct or indirect of any that have occurred on the basis of the use of this service all is to risk (data loss, server down, business stagnation, claim, etc. from a third party) that only customers bear here and, I agree. Association, the functions contained in the service is intended to satisfy customer requirements, the present service operates normally, defects in the service (including so-called bugs, the structural problems, etc.) resides in the case has been, this is to be modified, none of the not guaranteed. In addition, any information or advice by any oral or written Association also carried out a new guarantee, or otherwise does not expand the scope of this warranty in any way. Association If a defect is found in this service, do not assume the obligation to pay to repair or modify this service, or any of the cost of repair or modification of this service.
- Association for services, etc. associated with this service, you might want to unauthorized change or cancel your prior. Intended to permanently guarantee this service and the equivalent of the use environment at the time of the agreement entered into is not.
- Association its integrity for information such as the content and customers of this service is obtained through the Service, accuracy, reliability, and shall not perform any guarantee of such usefulness.
Article 19 (Disclaimer)
- In any case, even if caused by tort, contract or any other legal grounds, association, suppliers of other this service, resellers, and provides the company of each piece of information content, to customers and other third parties , loss of business value, stop of business, damage caused by computer failure, of any, including any other commercial damage, loss, etc. direct, indirect, sPECIAL, incidental or consequential loss, not responsible for damages Hmm. In addition, the Association is not responsible for any claims of third parties. In addition, for the use of services such as that provided by the providing company of each piece of information content, and shall be based on the agreement of each information content provider company. We are all of the risk involved in the use of this service is to confirm here that only the customer is responsible, agree.
- Association, the customer is registered data, files, for the password, and the like, your prior consent without reading, I do not do is to perform the use or the like. Thus, the association does not assume any responsibility for the contents of the data that you have written, files, password, and the like. Processing of disputes such as that occurred in association with these, the customer is assumed to resolve the dispute at its own expense and responsibility, to the Association, arbitration, can not be queried any other claims.
Article 20 (sending of such information)
Association, judged the information file and the questionnaire required on the use of this service, e-mail announcements concerning products, etc., written notice by mail, you may be sent to customers through other means. The contact by these means If that does not stick, or when there is a high urgency and importance of such information, the association, to contact the customer and their information, such as by using a part of this service, which forced customers by self-judgment is to use function it can. it should be noted that, if the customer and contact can not be taken by them, the association is responsible due to the fact you did not contact shall not undertake any.
Article 21 (right attribution)
All of the programs constitute the implementation environment of this service, software, services, procedures, documents, drawings, documents, trademarks, property rights relating to trade names, etc., copyright the beginning to all other intellectual property rights (hereinafter referred to as "this matter referred to as intellectual property rights ".), the Association, and the property of their respective suppliers. This service, the document relating to this service, drawings, documents, such as documents are protected by law as well as the Convention on copyright law and other intellectual property rights. Therefore, customers must treat them like any other copyrighted material. In addition, intellectual property rights for each of the content, which is to display and use access from the Service are the property of each information content providing company, it has been protected by law as well as the Convention on copyright law and other intellectual property rights you.
Chapter 6 Miscellaneous Provisions
Article 22 (Governing Law and Miscellaneous Provisions)
This agreement is the governing law of Japanese law. In addition, in the case of a dispute with respect to the present terms and conditions document through this service has occurred, You agree also Association also agreed the Tokyo District Court or Tokyo Summary Court to be the first instance court of competent jurisdiction in accordance with the Sogaku.
Japan Medical Aromatherapy Association