Terms and Conditions of the Villa Kaleidos Service
These terms and conditions of the service provided by Villa Kaleidos (hereinafter referred to as "these Terms and Conditions") shall apply to users making purchases from retailers on the Villa Kaleidos website as fashion shopping mall, provided and operated by Laris Co., Ltd. (hereinafter referred to as the "Villa Kaleidos Website").
Article 1 Application of Terms and Conditions of service
1. These Terms and Conditions cover common usage relating to the service provided via the Villa Kaleidos Website planed and operated by Laris Co., Ltd. (hereinafter referred to as "the Service").
2. These Terms and Conditions shall apply to all users in respect to the use and provision of the Service. However, any provisions of the terms and conditions applying only to other services or any terms and conditions applying to other services that conflict with these Terms and Conditions shall remain valid.
Article 2 Use of the Service
1. No guarantee or warranty that the Service will be complete and without failure or defects, etc. is provided.
2. Users (as defined below) shall agree to abide by related laws, regulations, notifications, these Terms and Conditions and Villa Kaleidos policies regarding personal information protection, etc. as set forth separately. Users shall be deemed to agree such abidance by using the Service.
Article 3 Users
The term “User(s)” as applied in these Terms and Conditions shall refer to individuals or entities who, having understood and acknowledged these Terms and Conditions, search, browse or use picture images, text, designs, logos, video images, programs, ideas and information, etc. offered on the Villa Kaleidos Website (hereinafter collectively referred to as "the Content"). Users shall include Members as set forth in Article 4.
Article 4 Members
The term “Member(s)” as applied in these Terms and Conditions shall refer to individuals or entities who have applied and been approved for membership in accordance with the relevant procedures after understanding and agreeing to all of these Terms and Conditions.
Article 5 Member registration
1. Customers wishing to register as Members shall input their name, gender, date of birth, e-mail address, ID and password on the Member registration page of the Service as specified, and shall provide their zip code, address and telephone number in association with the purchase of products or services (hereinafter collectively referred to as “Products”). However, the points system based on purchase of Products after Member registration shall be provided exclusively to customers in Japan. Overseas customers may not register as Members at this time. Non-members may make purchases at Villa Kaleidos.
2. The application set forth in the precedent paragraph has been examined and approved by us. Users requesting membership will receive an e-mail confirmation of registration.
3. Requests for membership may be declined if the applicant is found to have:
(1) breached any terms and conditions of any services provided by us (including terms and conditions of the Services provided by Villa Kaleido or those of other service providers as described on the Villa Kaleidos Website, hereinafter collectively referred to as the “Terms of Conditions, etc.”) and been subject to penalties such as membership revocation;
(2) submitted false information as part of a membership request;
(3) engaged in dishonest conduct regarding any services provided by us (including the Services or any services of other service providers as described on the Villa Kaleidos Website) or to have delayed payment without due cause, refused to accept delivery of Products for long periods, failed to cooperate with the return or exchange of Products in a timely manner without due cause, or to be otherwise in default of these Terms and Conditions;
(4) engaged in any act set forth in Article 15 herein; or
(5) submitted a membership application to be unsuitable for approval in consideration of related operation and management of Villa Kaleidos.
Article 6 Changes to member registration information
1. Members shall provide updates on any changes to registration data in a timely manner as separately specified by Villa Kaleidos.
2. Villa Kaleidos shall assume no responsibility for any damages resulting from Members’ failure to provide updates on changes to registration data.
Article 7 Suspension of Service usage and cancellation of member registration The Service may be suspended, membership may be revoked and/or other measures may be taken without notice against Members found to have:
(1) violated relevant laws or any the of Terms and Conditions, etc.;
(2) engaged in unlawful acts regarding the Service;
(3) input their password incorrectly a certain number of times and triggered security measures as a result;
(4) been subject to revocation of membership or other penalties due to violation of the relevant terms and conditions of any services provided by us (including the Services or any services of other service providers as described on the Villa Kaleidos Website);
(5) provided false information in member registration submissions;
(6) delayed payment without due cause, refused to accept delivery of Products for long periods, failed to cooperate with the return or exchange of Products in a timely manner without due cause, or to be otherwise in default of these Terms and Conditions;
(7) engaged in any of the acts set forth in Article 15 herein; or
(8) submitted a membership request whose approval may damage or impair the trustworthiness and/or reputation of Villa Kaleidos.
Villa Kaleidos assumes no responsibility for any damages resulting from the above.
Article 8 Membership cancellation
Membership may be canceled at any time in accordance with the relevant procedures of Villa Kaleidos. Members will lose membership privileges after requests for withdrawal from membership are received and subsequent processing is complete.
Article 9 Maintenance of User ID and password
1. Members shall be responsible for maintaining the User ID and password they set upon Member registration and keeping such information strictly confidential.
2. Members shall not transfer, sell, give or lend User IDs and passwords to any third party, and shall not disclose or leak such information to any third party without the prior written consent of Villa Kaleidos.
3. If a User ID or password is used wrongfully by a third party, the Member shall notify Villa Kaleidos of such immediately and follow the instructions provided.
4. Members shall be responsible for any damages caused by inadequate maintenance, invalid use, wrongful use by a third party without the Member’s approval, etc. Villa Kaleidos shall assume no responsibility for any such damages.
Article 10 Use of personal information
Villa Kaleidos shall treat information provided by Members in their use of the Service in accordance with the separately specified personal information protection policy.
Article 11 Service provision
As part of the Service, Members may:
(1) use the Member’s page (as referred to in Article 12);
(2) cross-search all service sites;
(3) view individual service providers’ websites; and
(4) view pages linked to from individual service providers’ websites.
Article 12 Use of Member’s
page Members may use the Member’s page to:
(1) view records of registration information, purchases and point acquired;
(2) obtain member privileges (on condition of agreement to the member privilege terms and conditions provided separately) after submitting an application for such in exchange for member points acquired from purchases made at Villa Kaleidos; and
(3) post articles or comments related to the Service provided at Villa Kaleidos.
*Any articles or comments deemed inappropriate (e.g., those of a bullying, slanderous or defamatory nature) will be deleted without prior notice to the Members posting them. Members posting such content may be subject to full or partial Service suspension or account deletion. Villa Kaleidos assumes no responsibility for any damages arising as a result.
Article 13 Transactions with Villa Kaleidos sellers
1. Transactions with Villa Kaleidos sellers shall take place directly between the User and the seller (i.e., the service provider, hereinafter referred to as the “Service Provider”). However, Villa Kaleidos shall also act as a Service Provider in certain types of interaction with Users. Users shall engage in transactions with Service Providers under their own determination and judgment. Villa Kaleidos assumes no responsibility for any such transactions and provides no guarantee regarding the quality of Products offered, sales terms and conditions, transaction methods, guarantees, warranties and licenses of Service Providers. Accordingly, any issues arising in such transactions shall be settled between the User and the relevant Service Provider.
2. Users shall engage in transactions with sponsors advertising or posting promotions on Villa Kaleidos in conjunction with the provision of the Service under their own determination and judgment. Villa Kaleidos assumes no responsibility for any such transactions and provides no guarantee regarding the quality of Products offered, sales terms and conditions, transaction methods, guarantees, warranties and licenses of such sponsors. Accordingly, any issues arising in such transactions shall be settled between the User and the relevant sponsor.
Article 14 Indemnification
1. Villa Kaleidos shall assume no responsibility for the content, usage and results of websites that link to or from the Villa Kaleidos Website (including legitimacy, validity, accuracy, trustworthiness, safety, current relevance and integrity). Links to sites deemed illegal or inappropriate for the operation or management of Villa Kaleidos may be deleted without notice to Users.
2. Villa Kaleidos shall assume no responsibility for damages sustained by Users (including loss, inconvenience or diminished benefit) directly or indirectly due to temporary Service suspension, cancellation or changes resulting from:
(1) natural disasters such as fires, earthquakes, floods, lightning and heavy snow;
(2) instances of social unrest such as war, rebellion, terrorism and riots;
(3) default by providers of services to Villa Kaleidos, such as telecommunications
companies, transport providers and other contractors used in the provision of the Service; or
(4) technical issues beyond the control of Villa Kaleidos.
3. Villa Kaleidos shall assume no responsibility for damages incurred by Users as long as the Service is provided in accordance with the terms of Member registration.
4. In the event that any User or third party suffers damages as a result of other Users’ use of the Service, the User in question shall seek resolution under his/her own responsibility and expense; Villa Kaleidos shall not be held responsible for any claims resulting from related damages, loss, disadvantage, demerit or similar.
Article 15 Prohibitions
Users are prohibited from engaging in the acts outlined below, and shall be liable for damages suffered by Villa Kaleidos or any third party as a result of violation.
(1) Conduct that causes or may cause problems, disadvantages or damage to other Users, third parties or Villa Kaleidos
(2) Conduct that infringes or may infringe on intellectual property rights such as copyrights, portrait rights, character rights, private rights, publicity rights and any other rights of other Users, third parties or Villa Kaleidos
(3) Use of the Service for non-approved commercial purposes
(4) Conduct that is or may be considered contrary to public order and customs or violates laws or decrees
(5) Uploading or recording of false information or information that may cause misunderstanding
(6) Use of the Content acquired through the Service for purposes other than private use
(7) Duplication, sale, publication or distribution/disclosure to the public or similar acts regarding the Content acquired through the Service
(8) Collection or storage of other Users’ personal information
(9) Uploading or e-mail transmission of content such as viruses, code, files or programs to the Villa Kaleidos Website with the intent of interfering with, destroying or impairing software/hardware functionality or otherwise affecting online communications
(10) Utilization of the Service with another Member’s ID
(11) Attempts to illegally acquire other Members’ IDs or passwords, or disclosure of such information to third parties
(12) Other acts deemed likely to damage or impair trust in to Villa Kaleidos and its reputation
Article 16 Intellectual property rights
1. All intellectual property rights relating to the Content offered via the Service shall remain the exclusive property of Villa Kaleidos.
2. Appropriate legal action shall be promptly taken against Users engaging in acts prohibited by copyright or other applicable laws/ordinances of Japan or other countries regarding any reproduction, reference, unauthorized secondary use of the Content and other violations.
3. Issues arising from third-party violation of these Terms and Conditions shall be settled under the responsibility and expense of the User in question. Villa Kaleidos shall accept no responsibility for any related damage, loss, disadvantage or demerit caused to Users or third parties.
Article 17 Maintenance information
1. Villa Kaleidos reserves the right to freely use all or part of contents related to the Service sent or uploaded to Villa Kaleidos Website or its related websites by Users. No payment shall be made to Users for the use of such content by Villa Kaleidos.
2. The following information on User access history shall be collected for the purposes of reference to usage history and conditions and Service improvement, and cookies shall be used to support effective advertising:
(1) IP addresses and information on fuselage identification numbers for mobile terminals by which Users access the server used for Service provision
(2) User access information acquired by Villa Kaleidos via cookie technology (e.g., temporary writing/storage of data on the last view date or the number of views of the Villa Kaleidos Website by the User on the User’s computer) through web browser access
3. Certain Service restrictions shall apply to Users refusing to accept cookies.
Article 18 Service stoppage or cancellation
The provision of the Service may be partially or wholly suspended or cancelled without notice in the interests of effective future provision due to:
(1) the need for periodical or urgent maintenance the computer system used for the Service (hereinafter referred to as the "System");
(2) the difficulties of the operation of the System by natural disasters such as fires, earthquakes, floods, lightning and heavy snow;
(3) the difficulties of the operation of the System by instances of social unrest such as war, rebellion, terrorism and riots;
(4) the difficulties of the operation of the System by defects, hacking, infection by computer viruses from third parties and the like;
(5) orders for stoppage/cancellation from administrative agencies or judicial organizations; or
(6) other unavoidable circumstances.
Article 19 Revision of Terms and Conditions
Villa Kaleidos reserves the right to revise these Terms and Conditions and to set forth related supplements (hereinafter referred to as “Supplements”) without notice to Users. Users agree to abide by the terms of any amendments to these Terms and Conditions and Supplements on the Villa Kaleidos Website.
Article 20 Governing law and jurisdiction
1. Any disputes arising between Users and Villa Kaleidos in relation to the Service or these Terms and Conditions and the use of Villa Kaleidos shall be exclusively handled by the Tokyo District Court in the first instance.