Terms of Use
This English translation is provided for reference only. Under Article 28, only the Japanese original has contractual effect.
camo Inc. (the "Company") sets out these Terms of Use (the "Terms") as the conditions for using all services and businesses provided by the Company and its group companies (collectively, the "Group") (collectively, the "Services"). Everyone who uses the Services (a "User" as defined in the next Article) shall use the Services after agreeing to these Terms.
Article 1 (Application of These Terms)
1. These Terms cover all services and businesses provided by the Group, including the following.
(1) Internet services provided through websites, applications, social media, online shops and other electronic means operated by the Company (including those provided under "camo" and other brands)
(2) Planning, production, import and export, wholesale and retail of sake and other alcoholic beverages and related products (including books, sake ware, food, clothing and novelties) (including online sales, the airport store "PRIME SAKE", pop-up stores, fairs and sales at department stores)
(3) Operation of restaurants, tasting spaces, experience facilities and other stores, and the provision of food and drink, tastings, paid experience programs and related services at them
(4) Planning, hosting, co-hosting, operating, accepting registrations for, selling tickets to and handling sponsorship of events, celebrations, festivals, tours, seminars, workshops and other gatherings (including "Wakate no Yoake")
(5) Planning, hosting, operating, accepting entries for, judging, presenting, announcing results of and publicizing awards, contests, competitions and recognition programs (including "Sakaya Taisho")
(6) Management and operation of sake breweries, restaurants, retailers and other companies, business succession, M&A, group company management, holding company operations, management support and turnaround support
(7) Branding, marketing, PR, media operation, content production, publishing, video production, licensing and consulting for alcoholic beverages and related products
(8) Import and export, distribution, sales agency and agency services in Japan and overseas
(9) Recruitment, staff development, training, internships and other personnel-related work
(10) All work incidental or related to the items above
2. The specific content, method of use, fees, delivery times, participation conditions, cancellation conditions, notations under the Act on Specified Commercial Transactions, matters concerning liquor sales management and the like of the Services are governed by these Terms and by the individual terms, sales conditions, participation guidelines, order conditions, store rules, entry guidelines, notations under the Act on Specified Commercial Transactions and other rules that the Company separately sets for each business or service (collectively, the "Individual Terms"). If these Terms and the Individual Terms differ, the Individual Terms prevail.
3. In addition to these Terms and the Individual Terms, the Company may set guidelines, policies, notes and the like for Users' use of the Services. Whatever they are called, these form part of these Terms.
Article 2 (Definitions)
The terms used in these Terms are defined as follows.
(1) "User" means every individual and legal entity that uses the Services. This is not limited to registered members of the Web Services and includes purchasers of products or tickets; participants, entrants, performers, speakers and sponsors of events and awards; store visitors; sake breweries and other business partners; job applicants; tour visitors; and everyone else involved in the Services.
(2) "Web Services" means the internet services set out in Article 1, Paragraph 1, Item (1).
(3) "Retail Services" means the sale of alcoholic beverages and other products set out in Article 1, Paragraph 1, Item (2).
(4) "Store Services" means the store operation and related services set out in Article 1, Paragraph 1, Item (3).
(5) "Event Services" means the planning, operation, registration and the like of events set out in Article 1, Paragraph 1, Item (4).
(6) "Award Services" means the operation of awards, contests and the like set out in Article 1, Paragraph 1, Item (5).
(7) "Account Information" means the login ID, password and other credentials a User uses to log in to the Web Services.
(8) "User Content" means all text, images, video, audio, works and other information that a User posts, sends, submits, enters or provides in the Services.
(9) "Individual Terms" means the rules set out in Article 1, Paragraph 2.
(10) "Anti-Social Forces" means organized crime groups, members of organized crime groups, persons who ceased to be members of organized crime groups less than five years ago, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, rogues purporting to be social or political activists, specialized intellectual crime groups, and other persons equivalent to these.
Article 3 (Registration, Applications and Start of Transactions)
1. Prospective Users shall use the Services after agreeing to these Terms, the Individual Terms and the privacy policy separately set by the Company, by the method the Company separately sets according to the Service (user registration, purchase procedures, participation applications, entries, store visits, entering into contracts or other methods). A prospective User is deemed to have agreed to all of these Terms, the Individual Terms and the privacy policy at the time they use the Services.
2. Prospective Users shall provide the Company with the information necessary to use the Services ("Registration Information") by the method the Company specifies, keeping it current and accurate.
3. The Company may refuse to approve, or later cancel, a registration, application, purchase or use of the Services if a prospective User falls under any of the following.
(1) The prospective User is under 18 years old (or, for purchasing alcoholic beverages, tastings, food and drink and other alcohol-related services, under 20 years old)
(2) The prospective User does not agree to these Terms, the Individual Terms or the privacy policy
(3) The prospective User or any of its officers (directors, executive officers, corporate auditors, advisers, chairpersons and anyone else who is substantially involved in management, whatever their title) is an Anti-Social Force, or has a socially reprehensible relationship with Anti-Social Forces
(4) The prospective User has previously been subject to suspension of use, suspension of transactions, refusal of entry, a ban or similar measures by the Company or the Group
(5) The Registration Information contains inaccurate or false information
(6) The prospective User has interfered with or hindered the Group's operations, provision of services or other Users' use of the Services, or the Company reasonably judges that there is a risk of this
(7) The Company otherwise reasonably judges the prospective User to be unsuitable
4. Users affirm that they do not fall under any category of Anti-Social Forces and will not do so in the future, and that they will not, by themselves or through a third party, make violent demands, make unreasonable demands beyond legal responsibility, use threatening words or behavior or violence in relation to transactions, damage the Company's credibility or obstruct the Company's business by spreading rumors, using deception or using force, or engage in any other equivalent acts.
Article 4 (Management of Account Information)
1. This Article applies when a User registers an account to use the Web Services.
2. Users shall use and manage their Account Information with the care of a prudent manager, and may not disclose, lend, transfer, pledge or otherwise dispose of it to a third party.
3. Even if a User's Account Information is used without authorization by a third party because the User violated the preceding paragraph, and damage is caused to the User or a third party, the Company is not liable unless the damage is due to the Company's intent or gross negligence.
4. When the Services are used with Account Information, the use is deemed to be by the User who holds that Account Information.
5. If a User becomes aware of a leak or unauthorized use of their Account Information, or a risk of it, the User shall immediately notify the Company and follow the Company's instructions.
Article 5 (Use of the Services)
1. The content, method of provision, period of provision, fees, participation conditions and the like of the Services are shown on the website, in the Individual Terms, on product pages, on event announcement pages, by in-store displays or by other methods.
2. Users shall use the Services in accordance with the methods and conditions set by the Company.
3. Users shall prepare the equipment, communication lines, transportation and other environment necessary to use the Services at their own cost and responsibility.
Article 6 (Fees and Payment)
1. Fees, payment methods, due dates, taxes, shipping costs, handling fees and other terms of transactions for paid services are as separately shown or notified by the Company.
2. Users shall pay fees by the method the Company specifies by the set due date.
3. If a User does not pay fees by the due date, the User shall pay the Company late payment charges at a rate of 14.6% per year.
4. The Company may collect fees through payment service providers, financial institutions, credit card companies and the like, and Users agree to this.
Article 7 (Delivery and Provision of Products and Tickets)
1. The delivery time, delivery method, delivery area and delivery conditions of products in the Retail Services are as separately shown by the Company.
2. Ownership of a product passes from the Company to the User when the User has paid the full price of the product and delivery of the product has been completed.
3. Users shall check the quantity, quality, appearance and the like of products immediately upon receipt, and if they find a defect or a shortage, shall notify the Company within seven days of receipt. If no notice is given within that period, the products are deemed to have been delivered properly.
4. Conditions of provision, how to participate, operation on the day, identity verification, entry restrictions and the like for the Event Services, Store Services and Award Services are separately set by the Company in the Individual Terms or by guidance at the venue.
Article 8 (Cancellations, Returns and Refunds)
1. Whether and under what conditions products, tickets, participation rights and services can be cancelled, returned, exchanged or refunded is separately set by the Company for each product or service in the Individual Terms or in the notation under the Act on Specified Commercial Transactions.
2. Returns or cancellations for the User's own reasons cannot be accepted for alcoholic beverages, perishables, made-to-order products, digital content, expired tickets, participation rights for events already held, and other products and services that by their nature are not suitable for return. However, this does not apply if a product has a defect attributable to the Company.
3. If the Company cannot provide a product or service for reasons attributable to the Company, the Company will refund the price already received for that product or service and bears no further liability, subject to Article 16 (Damages).
Article 9 (Compliance in the Sale of Alcoholic Beverages)
1. Alcoholic beverages are sold and served in compliance with the Liquor Tax Act, the Act on Liquor Business Associations, the Act Prohibiting Minors from Drinking Alcohol and other related laws.
2. When purchasing alcoholic beverages, taking part in tastings, eating and drinking, or using other alcohol-related services, Users represent and warrant that they are 20 years of age or older. The Company may ask Users to present information necessary for age verification, and may refuse to provide the service if a User does not comply.
3. When selling alcoholic beverages, the Company appoints a liquor sales manager and manages sales appropriately.
4. Users must not purchase alcoholic beverages for the purpose of providing them to minors, reselling them, illicitly producing liquor or any other purpose that violates the law.
5. Users must not resell, wholesale, export or transfer alcoholic beverages and related products sold or provided by the Company without the Company's permission. However, this does not apply when a User holds a valid liquor sales license or the like and sells them through legitimate distribution based on transactions with the Company.
Article 10 (Rules at Events and Stores)
1. Event participants and store users shall follow the operating policies of the venue or store, instructions for safety management, and instructions from staff and security personnel.
2. The following acts are prohibited at event venues and in stores.
(1) Bringing in dangerous items, alcoholic beverages (other than those provided by the Company), drugs or weapons
(2) Abusive language, violence, harassment, voyeuristic photography or stalking toward other participants, visitors, performers or staff
(3) Photography, audio recording, video recording, live streaming, news coverage or commercial reporting without the Company's permission
(4) Excessive drinking, entering or using the venue while heavily intoxicated, or causing nuisance to others
(5) Damaging, soiling or taking away equipment, facilities or products on the premises
(6) Acts that interfere with the safety management or operation of the Company or the venue
(7) Other acts contrary to public order and morals, or acts the Company judges to be inappropriate
3. The Company may take necessary measures against anyone who violates the preceding paragraph, such as removal, a ban, cancellation of participation rights or a claim for damages.
4. Events may be cancelled, postponed, changed or held without an audience due to natural disasters, infectious diseases, circumstances of performers or the venue, administrative guidance, safety management or other reasons. How such cases are handled is separately set by the Company.
Article 11 (User Content)
1. Copyright and other rights in User Content that a User posts, submits, enters or provides in the Services remain with that User or the rightful owner.
2. Users grant the Company and the Group the right, free of charge and without limitation as to territory, period or number of times, to reproduce, adapt, edit, transmit to the public, distribute, lend, exhibit, screen, make secondary use of and sublicense to third parties User Content (including not exercising moral rights of authors), for providing the Services, analyzing use of the Services, improving the Services, customizing the Services for Users, developing new services, the Group's publicity, advertising, promotional materials, websites, social media, publications, video works, exhibitions, announcements of award results, archiving and all other purposes.
3. Users warrant that User Content does not infringe any third party's copyright, trademark rights, portrait rights, publicity rights, privacy or other rights, and does not violate the law.
4. If a claim of rights, complaint, dispute or the like arises from a third party regarding User Content, the User shall deal with it at their own responsibility and cost and shall not cause damage to the Company.
5. The Company has no obligation to back up User Content. If a backup is needed, the User shall make one at their own cost and responsibility.
6. If the Company judges that a User has violated these Terms or acted inappropriately in light of the spirit of these Terms, the Company may change or delete User Content posted by that User without prior notice.
Article 12 (Prohibited Acts)
When using the Services, Users must not engage in any of the following acts, or acts that risk falling under them.
1. Acts that violate these Terms, the Individual Terms, the privacy policy or the law
2. Reselling, copying or providing to third parties for commercial purposes the Services or products, tickets, content and the like obtained through them without the Company's permission (except for legitimate retail, wholesale, import and export based on transactions with the Company)
3. Criminal acts, acts linked to criminal acts, or acts that encourage them
4. Acts that infringe the copyright, trademark rights, patent rights, design rights, portrait rights, publicity rights or other rights of the Company, the Group or third parties
5. Discriminating against, defaming, insulting, threatening, harassing, stalking, impersonating or infringing the privacy of the Company, the Group, breweries, participating stores, experts, performers, staff, other Users or other third parties
6. Unauthorized access to systems, reverse engineering, scraping, use of bots, placing excessive load on systems, and other acts that interfere with the operation of the Services
7. Acts that damage the credibility, reputation or brand of the Company, the Group or third parties
8. Using the Services or sending information while impersonating another person
9. Acts that violate, or risk violating, the law, public order and morals or industry self-regulation
10. Solicitation for organizations, services or activities unrelated to the Services, religious activities, political activities, network marketing, multi-level marketing, election campaigning and similar acts
11. Encouraging drinking by minors, or providing, selling, transferring or arranging alcoholic beverages for persons under 20
12. Encouraging people who should not drink, such as pregnant or breastfeeding women, drivers and people carrying out work, to drink
13. Nuisance, harassment or unreasonable demands toward the Company or third parties
14. Other acts the Company reasonably judges to be inappropriate
Article 13 (No Warranty and Disclaimer)
1. The Company does not warrant the accuracy, truthfulness, usefulness or legality of information shown or provided in the Services, or that it does not infringe the rights of third parties. The Company also makes no warranty of any kind, express or implied, as to the content, quality, level, stable provision or results of use of the Services.
2. The Company does not warrant that content related to the Web Services is free of computer viruses or other harmful components.
3. The Company is not liable for any damage arising from a User's inability to use, or use of, the Services.
4. The Company is not liable for accidents, injuries, loss, theft, trouble caused by third parties and the like at events, stores, fairs and similar settings, unless due to the Company's intent or gross negligence. Users shall use the Services at their own judgment and responsibility.
5. The Company makes clear that allergic reactions, hangovers, intoxication, harm to health, effects on driving or work, and all other events resulting from drinking alcoholic beverages are the User's own responsibility, and the Company is not liable for them.
6. The Company does not warrant external services, external links, or third-party websites, social media, stores or services reached from the Services, and is not liable for any results of a User's use of external services.
7. The provisions of this Article do not apply to the extent that these Terms or the Individual Terms explicitly provide otherwise, or that they violate the Consumer Contract Act or other mandatory laws.
Article 14 (Interruption, Termination and Changes to the Services)
1. The Company may interrupt, suspend, postpone or change all or part of the Services without prior notice to Users in any of the following cases.
(1) When servers, communication lines or other equipment fail, malfunction, or undergo maintenance, inspection, repair or changes
(2) When the Services cannot be provided due to fire, power outage, or natural disasters such as earthquakes, volcanic eruptions, floods, tsunamis and typhoons
(3) When the Services cannot be provided due to war, civil disturbance, riots, unrest, labor disputes, terrorism or other force majeure
(4) When providing the Services becomes difficult due to the spread of infectious diseases, administrative guidance, self-regulation or other public health reasons
(5) When the Services cannot be provided due to laws or measures based on them
(6) When holding an event becomes difficult due to circumstances of performers, speakers, lecturers, judges, exhibitors, sponsors or the venue
(7) When products are out of stock, raw materials are difficult to procure, or production delays, delivery delays, voluntary recalls or quality defects occur
(8) When a store closes, relocates, is renovated or its lease ends
(9) When unauthorized use is suspected and the Company judges that the Services should be suspended
(10) When the Company otherwise judges it necessary for operational, technical or safety management reasons
2. The Company may terminate or change all or part of the Services for any reason, following the procedures set by applicable law. When terminating the Services, the Company will notify Users or make an announcement in advance wherever possible, by a method the Company considers appropriate.
3. The Company is not liable for damage caused to Users by the interruption, suspension, postponement, change or termination of the Services under this Article, unless due to the Company's intent or gross negligence.
Article 15 (Suspension of Use and Termination of Transactions)
1. If a User falls under any of the following, or the Company reasonably judges that a User does, the Company may, without prior notice, take any measures it deems necessary against that User, such as suspending or deleting the account, refusing to provide products, cancelling orders, removing the User from or banning the User from events or stores, cancelling participation rights, terminating business contracts or suspending use of the Services.
(1) The User violates, or risks violating, the law, these Terms or the Individual Terms
(2) Information the User provided is false or inaccurate
(3) The User did not complete procedures required by these Terms or contact the Company as required
(4) The User has registered more than one account
(5) The User falls under any item of Article 3, Paragraph 3
(6) The User has breached the affirmation in Article 3, Paragraph 4
(7) Fees have not been paid by the due date
(8) The Company otherwise judges the User to be unsuitable as a User
2. The Company may carry out investigations or identity verification it deems necessary for taking the measures in the preceding paragraph, and may deny access to or suspend use of all or part of the Services until the investigation and identity verification are complete.
3. Even if a User suffers damage from measures taken under this Article, the Company is not liable unless due to the Company's intent or gross negligence.
Article 16 (Damages)
1. If a User's violation of these Terms or the Individual Terms causes damage to the Company, the Group, other Users, performers, participants, business partners or other third parties, the User shall compensate for all such damage (including attorneys' fees, response costs, lost profits and damage from harm to the brand).
2. If the Company is liable to a User for damages in connection with the provision of the Services (except where due to the Company's intent or gross negligence), the Company's liability is limited to the amount the User paid the Company as consideration for the relevant Service in the 12 months immediately before the damage occurred, and only to direct and ordinary damage actually incurred (excluding lost profits, indirect damage and special damage).
3. The preceding paragraph does not apply to the extent that it is invalid under the Consumer Contract Act or other mandatory laws.
Article 17 (Intellectual Property Rights)
1. Copyright, trademark rights, patent rights, design rights, know-how and other intellectual property rights in all materials that make up the Services (including content, trademarks, logos, designs, photographs, video, text, programs, databases, brands, trade names and product labeling) belong to the Company, the Group or the third parties who hold those rights.
2. In using the Services, Users acquire no rights in these materials, and must not copy, modify, adapt, distribute, transmit to the public, transfer, lend, use commercially or otherwise infringe the intellectual property rights in them without the permission of the Company, the Group or the third parties who hold those rights.
3. Permission to use the Services under these Terms does not mean a license to use the rights of the Company or the third parties who hold rights in the Services.
Article 18 (Handling of Personal Information)
The Company handles Users' personal information obtained through the Services appropriately in accordance with the privacy policy separately set by the Company. Users shall use the Services after agreeing to the privacy policy.
Article 19 (Confidentiality)
1. Users must not disclose or leak to a third party, without the Company's prior written consent, information that the Company has disclosed as confidential in connection with the use of the Services, or information that by its nature should be treated as confidential ("Confidential Information").
2. The preceding paragraph remains in effect for three years after the User's use of the Services ends.
Article 20 (Exclusion of Anti-Social Forces)
In addition to Article 3, Paragraph 3, Item (3) and Paragraph 4, if it is found that a User is an Anti-Social Force, or has transactions, funding, provision of benefits or other relationships with Anti-Social Forces, the Company may immediately terminate or suspend all transactions with the User and provision of the Services without any notice, and the Company is not liable even if the User suffers damage as a result.
Article 21 (No Assignment)
Users may not assign, transfer, pledge, lend or otherwise dispose of to a third party their contractual position under these Terms, their rights or obligations under these Terms, or their right to use the Services (including tickets, participation rights and purchase reservation rights) without the Company's prior written consent.
Article 22 (Transfer of Business)
If the Group transfers the business relating to the Services to a third party (including business transfers, company splits, share transfers, mergers, share exchanges or transfers, group reorganizations, becoming a subsidiary or parent company, and any other case in which the entity providing the Services changes), the Company may transfer to the transferee or successor of the business, in connection with the transfer, its contractual position under these Terms, the rights and obligations under these Terms, and registered and other information, and Users agree to this in advance.
Article 23 (Notices)
1. Notices from the Company to Users are given by posting on the website, email, post to the address registered by the User, or other methods the Company considers appropriate.
2. A notice by email is deemed to have reached the User when the Company sends it.
3. Notices from Users to the Company shall be given to the contact point at the end of these Terms by the method the Company specifies.
Article 24 (Severability)
Even if any provision of these Terms, or part of one, is held invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these Terms and the remaining part of any provision held partly invalid or unenforceable continue in full effect.
Article 25 (Survival)
Article 11 (User Content), Article 13 (No Warranty and Disclaimer), Article 16 (Damages), Article 17 (Intellectual Property Rights), Article 18 (Handling of Personal Information), Article 19 (Confidentiality), Article 21 (No Assignment), Article 22 (Transfer of Business), Article 26 (Resolution by Consultation), Article 28 (Language), Article 29 (Governing Law and Jurisdiction) and this Article remain in effect after a User stops using the Services or transactions with the Company end.
Article 26 (Resolution by Consultation)
If a matter not provided for in these Terms arises, or a question arises about the interpretation of these Terms, the Company and the User shall consult in good faith and seek a prompt resolution.
Article 27 (Changes to These Terms)
1. Under Article 548-4 of the Civil Code, the Company may change these Terms without obtaining the individual consent of Users in either of the following cases.
(1) When the change conforms to the general interests of Users
(2) When the change does not go against the purpose of the contract and is reasonable in light of the need for the change, the appropriateness of the new content, the content of the change and other circumstances relating to it
2. When changing these Terms, the Company will announce the new content and its effective date before the effective date, by posting on the Company's website or other appropriate methods.
3. Users who use the Services on or after the effective date are deemed to have agreed to the change.
Article 28 (Language)
The Japanese text of these Terms is the official text. Even if a translation into another language is prepared for reference, only the official Japanese text has contractual effect, and translations have no effect whatsoever.
Article 29 (Governing Law and Jurisdiction)
1. These Terms are interpreted under the laws of Japan.
2. Any dispute between the Company and a User relating to these Terms or the Services is subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance.
Contact
camo Inc.
Address: 2F SETAGAYA MIZUNO Building, 1-24-1 Setagaya, Setagaya-ku, Tokyo, Japan
Email: hello@camosake.com