Terms of Service for Used Farm Machine Website (Provisional Appellation)
Upon provision of the Used Farm Machine website (hereinafter referred to as "FARM-MART"), OHO Trading Co., Ltd. as an operating company (hereinafter referred to as "OHO") hereby sets forth Terms of Service (hereinafter referred to as the "Terms") as follows. The Terms shall be the rules applicable to use by Registered Members of FARM-MART. If the Site users click the "agree" button on the lower part of this page, the users shall be deemed to have consented to the following conditions. Please read carefully the information of the Terms in order to be able to use FARM-MART with peace of mind.
Article 1 Definitions
The terms used herein shall be defined as follows.
(1) FARM-MART : Used Farm Machine website (provisional appellation) for online Shopping services operated by Oho
(2) Site : Page that includes the page containing the Content relating to FARM-MART
(3) Content : Generic term referring to information, images, etc. provided by OHO via the Site
(4) Registered Member(s) : Parties whose Site user registration has been completed
(5) ID(s) : Character strings held by Registered Members for use of FARM-MART
(6) Password(s) : Code established by a Registered Member in connection with ID
(7) Personal Information : Generic term for information that allows identification of individuals, such as addresses, names, occupations, telephone numbers, etc.
(8) Registered Information : Generic term for information registered by Registered Members via the Site
(9) Intellectual Property : Inventions, devices, new varieties of plants, designs, works and other property that is produced through creative activities by human beings (including discovered or solved laws of nature or natural phenomena that are industrially applicable), trademarks, trade names and other marks that are used to indicate goods or services in business activities, and trade secrets and other technical or business information that is useful for business activities
(10) Intellectual Property Rights : A patent right, a utility model right, a plant breeder's right, a design right, a copyright, a trademark right, a right that is stipulated by laws and regulations on other intellectual property or right pertaining to an interest that is protected by acts
(11) Shopping : Purchase by Registered Members of the products provided by OHO via the Site
Article 2 FARM-MART
1 OHO shall provide Shopping services for tractors, combines, rice transplanters, and other second-hand agricultural equipment, and various services for realization of the purpose of FARM-MART.
2 Products, prices, delivery dates, method of settlement, delivery fees, etc. for Shopping are included on the relevant pages. Please undertake Shopping after the required information has been carefully confirmed.
3 Please see relevant pages on the Site for explanations and regulations concerning individual services.
Article 3 Term of Validity
The contractual term for FARM-MART has not been established; provided, however, that in case that Registered Members have breached any provisions of the Terms, OHO may promptly terminate the Terms.
Article 4 Usage Fees
Except for fees required for Shopping, Registered Members shall not be required to bear special burdens, such as membership fees, etc., in relation to the use of FARM-MART.
Article 5 External Consignment
OHO may externally consign some or all operations, as needed, in relation to system management, etc.
Article 6 Admission
1 After applicants who desire to be admitted to FARM-MART (hereinafter referred to as "Registration Applicants") have consented to the Terms, such applicants shall apply for admission via a prescribed method.
2 Those who have applied for admission shall become Registered Members upon approval of such application by OHO and completion of ID registration. Registered Members may undertake Shopping using the Site.
3 OHO shall provide announcements regarding communications, advertisements, and other information for Registered Members. Please note this in advance.
4 Certain restrictions have been established concerning Registered Members who use FARM-MART. Upon use of FARM-MART, Registered Members shall be required to be of legal age that allows binding agreements to be formed and acknowledge that they will use FARM-MART in accordance with the laws of Japan.
5 In case that any of the following Items is applicable to Registration Applicants, OHO may reject applications for admission based on the judgment of OHO in some cases.
(1) In case that Registration Applicants have applied for admission not via a method regulated by OHO
(2) In case that Registration Applicants have been ordered to withdraw from their membership due to breach of the Terms, other terms of service, etc. regulated by OHO previously
(3) In case that OHO has judged that Registration Applicants submitted registrations with the involvement of fraudulent means
(4) In case that Registration Applicants have registered information on parties other than such Registration Applicants
(5) In case that Registration Applicants are or were antisocial forces, or bodies or persons that undertake activities against public welfare
(6) In case that Registration Applicants have hindered operations of OHO through the use of themselves or third parties or in case that Registration Applicants have undertaken actions that are likely to cause hindrance to such operations
(7) In case that Registration Applicants have undertaken violent actions against, used fraudulent means against, or directed menacing expressions or language at Oho, etc. themselves or using third parties
(8) In case that Registration Applicants have damaged the reputation, credibility, etc. of OHO by themselves or using third parties, or in case that Registration Applicants have undertaken actions that are likely to cause damage thereof
(9) In case that, by themselves or using third parties, Registration Applicants have spoken words, undertaken deeds, or expressed attitudes that cause concerned parties of Registration Applicants to recognize that Registration Applicants and/or concerned parties thereof are antisocial forces
(10) In case that OHO deems it inappropriate
6 In case that any of the following Items is applicable to Registered Members or in case that it has been revealed that Registered Members have made fraudulent declarations related to exclusion of antisocial forces, all transactions may be suspended or terminated without prior notification. Even if damage has been caused to corresponding Registered Members, OHO shall not assume any responsibility therefor.
(1) In case that Registered Members are or were organized crime groups, organized crime group members, parties associated with organized crime groups, any other form of antisocial force, or bodies or persons that undertake activities against public welfare
(2) In case that Registration Applicants have hindered operations of OHO through the use of themselves or third parties or in case that Registration Applicants have undertaken actions that are likely to cause hindrance to such operations
(3) In case that Registration Applicants have undertaken violent actions against, used fraudulent means against, or directed menacing expressions or language at Oho, etc. themselves or using third parties
(4) In case that Registration Applicants have damaged the reputation, credibility, etc. of OHO by themselves or using third parties, or in case that Registration Applicants have undertaken actions that are likely to cause damage thereof
(5) In case that, by themselves or using third parties, Registration Applicants have spoken words, undertaken deeds, or expressed attitudes that cause concerned parties of Registration Applicants to recognize that Registration Applicants and/or concerned parties thereof are antisocial forces under Items (1) of this Paragraph
Article 7 ID and Password Management
1 Registered Members shall assume responsibility for management of IDs and Passwords used for FARM-MART.
2 Registered Members consent to assume their responsibilities to OHO for any activities and/or actions occurring through registered IDs.
3 In case that Registered Members have recognized that there are doubts regarding the unauthorized use of IDs and/or Passwords, such Registered Members shall contact OHO to such effect.
4 Registered Members shall not cause third parties to leak their IDs or Passwords.
5 In case that Registered Members have forgotten their Passwords, such Registered Members may undertake procedures for resending Passwords by clicking "here" at the location of the expression "if you forgot your password, please resend your password here."
6 In case that Registered Members have forgotten their IDs or Passwords, they must contact OHO via an inquiry screen. IDs and Passwords shall be resent to the registered email addresses.
Article 8 Change of Registered Information
In case that a change has occurred to ID information of Registered Members, please promptly undertake procedures to deal with such change. If any inconvenience has been caused to Registered Members due to negligence in undertaking of the aforementioned procedures, OHO shall not assume any responsibility therefor.
Article 9 Withdrawal
1 In case that Registered Members desire to withdraw from membership, please undertake procedures for withdrawal from membership via a method prescribed by Oho.
2 In case that any of the following Items is applicable to Registered Members, the membership of such Registered Members shall be withdrawn unconditionally without prior notification by Oho.
(1) In case that it has been clarified that relevant Registered Members have undertaken user registration not via a method prescribed by Oho
(2) In the case of breach of the Terms, other terms of service, etc. regulated by Oho
(3) In case that OHO deems it inappropriate
3 If Registered Members retain unsettled payments for Shopping, or debts or obligations to OHO upon withdrawal, such Registered Members shall continue to assume responsibility for the aforementioned payments, debts, or obligations even following withdrawal.
Article 10 Observance
1 A single Registered Member may own only a single ID. A single Registered Member may not hold multiple IDs, and multiple Registered Members may not share a single ID.
2 Notwithstanding the preceding Paragraph, in case that OHO has granted prior approval, ownership or sharing under the preceding Paragraph may be allowed.
3 Registered Members may not assign, pledge, or lend their IDs to a third party.
4 Registered Members must assume all responsibility for actions undertaken thereby by using FARM-MART.
5 Registered Members must not register false names, other false ID information, or the information of other persons.
Article 11 Prohibition
Upon use of FARM-MART, OHO shall prohibit Registered Members from undertaking the following actions. In the breach thereof, OHO may undertake required measures, such as by issuing messages of caution and/or warnings, canceling purchases, demanding compulsory withdrawal, suspending the use of FARM-MART, deleting posted information, etc. OHO shall not assume any responsibility for damage or disadvantage caused to corresponding Registered Members based on the aforementioned measures.
(1) Action for infringing Intellectual Property Rights of Oho
(2) Action for damaging the reputation and/or credit of Oho, or unreasonable discrimination or defamation of Oho
(3) Action for invasion of a privacy right of Oho
(4) Action for disclosure of Personal Information of OHO without obtaining the prior consent of Oho
(5) Action for infringement of property of OHO or action that would be likely to infringe the same
(6) Action for causing economic damage to Oho
(7) Action for use of violent or menacing words or deeds directed to Oho
(8) Action for obtaining IDs in lieu of a party for which the use of the relevant ID has been suspended
(9) Action for joint ownership of a single ID by multiple parties
(10) Action for attempting to purchase items as if relevant Registered Members pretended to truly intend to purchase such items, despite lack of such true intentions
(11) Action for delaying performance of established transactions or hindering the smooth performance thereof
(12) Action for Registered Members to pretend to be OHO or a third party (spoofing) or action to cause a misunderstanding as if a relevant action undertaken by Registered Members was undertaken by Oho or a third party
(13) Action for performance of sales activities and advertisement activities regarding FARM-MART
(14) Action for disseminating rumors, using fraudulent means, or using force
(15) Action for unreasonable request beyond legal responsibility
(16) Action for use intended to cause failure of FARM-MART
(17) Action for fraudulent manipulation of FARM-MART using technical means
(18) Action for causing unnecessary repetition of the same question or inquiries to Oho
(19) Internet trolls or spam
(20) Action for harming public policy
(21) Action for causing hindrance to the operations and/or system of FARM-MART
(22) Action for breach of the Terms
(23) In addition to the aforementioned actions, any action judged by OHO as being inappropriate
Article 12 Copyright
Methods of expression, explanatory texts, etc. that are creative elements, as well as unique images of the Content provided by OHO for FARM-MART shall be targets of protection by copyright of OHO in the same fashion as commercially available books. It shall be prohibited to use, duplicate, or alter the aforementioned items in an unauthorized manner beyond the scope permissible by law.
Article 13 Preparation of Use Environment
1 Registered Members shall prepare equipment, software, communication lines, etc. necessary for the use of FARM-MART at their own responsibility and cost.
2 Registered Members shall undertake security measures such as for prevention of infection by computer viruses, etc. at their own responsibility and cost.
3 Some Content may contain cookies provided via the Site for more effective Internet use and to provide a better FARM-MART experience, in some cases. Although cookies may allow identification of computers of browser users, cookies shall not retain functions for identification of specific individuals. Moreover, a third party shall not be able to access cookies of Oho. It shall be possible for browser users to intend to refuse to accept cookies or to set up warning labels when receiving cookies depending upon the browsers that are used. However, in such cases, it shall be noted that restrictions may occur to certain functions in some cases.
4 It shall be noted that correct display may not take place and that certain functions may not be useable depending on the setup of the browsers to be used in some cases.
Article 14 Intellectual Property Rights
1 Registered Members consent that all Intellectual Property Rights relating to the Content provided by OHO for FARM-MART and benefits obtained therefrom are owned by Oho.
2 Actions of using of the Content under the preceding Paragraph without obtaining the consent of OHO shall be subject to regulations on trademarks, etc., except for cases permissible by law. It is requested that Content be used after contacting OHO and obtaining permission the thereof beforehand.
Article 15 Use Restriction
1 In case that any of the following Items is applicable to Registered Members, OHO may restrict use of FARM-MART thereby.
(1) In case that OHO has judged that damage may be caused to OHO or a third party via use by relevant Registered Members of the Site, such as diffusion of computer viruses and sending of large volumes of email
(2) In case that it has become impossible for OHO to contact Registered Members via email
(3) In case that OHO has judged that it is necessary to restrict use by relevant Registered Members
2 OHO shall not assume any responsibility to Registered Members regarding restriction of use.
Article 16 Deletion and Change Authority
1 In case that any of the following Items is applicable to Registered Members, OHO may promptly delete, etc. their IDs without giving prior notification and may undertake measures for future use prohibition.
(1) In case that Registered Members have breached the Terms or separately regulated provisions
(2) In case that registered IDs have been obtained or used by antisocial forces, members of antisocial forces, or parties associated with antisocial forces, or in case that OHO has judged that there is a likelihood thereof
2 OHO shall not assume any responsibility for deletion or use prohibition to corresponding Registered Members or third parties
3 In case that Registered Members have purchased products upon deletion of IDs, if there are unsettled payments due from such Registered Members, such Registered Members shall continue to be obligated to make such payments.
4 In case that OHO deems it necessary, OHO may change, suspend, or complete FARM-MART at any time without giving any notification to Registered Members.
5 OHO may change the Terms or update, add some information to, change, delete, etc. the Content of the Site without giving prior notification to Registered Members based on Oho's own judgment.
6 OHO shall not assume any responsibility to Registered Members for change, suspension, or completion of FARM-MART.
Article 17 Management of Personal Information
1 OHO shall endeavor to maintain Personal Information in an accurate and most up-to-date condition within the scope necessary for operation of FARM-MART.
2 OHO shall undertake necessary and appropriate measures for prevention of leakage and loss of Personal Information and other forms of safety management of Personal Information.
3 OHO shall perform necessary and appropriate supervision regarding parties using Personal Information for safety management of Personal Information.
4 OHO shall promptly dispose of or delete Personal Information that is not necessary to preserve for the operation of FARM-MART.
5 In case that OHO consigns treatment of Personal Information in whole or in part to parties other than Oho, subject to consignment agreements, OHO shall clarify measures for parties that are entrusted with safety management of Personal Information and shall perform supervision necessary and appropriate for such parties.
6 In addition to cases under the preceding Paragraph, OHO shall not provide a third party with Personal Information without acquisition of prior consent of Registered Members; provided, however, that, cases to which the following Items are applicable shall be excluded.
(1) In cases under laws and regulations
(2) In case that OHO deems it necessary for protection of life, body, or assets of a third party
(3) In case that it is particularly necessary for improvement of public hygiene and promotion of sound fostering of children
(4) In case that it is necessary to cooperate with public institutions or parties who are entrusted by such public institutions regarding performance of clerical affairs regulated under laws and regulations, if there is likelihood of causing hindrance to performance of such clerical affairs through obtaining the consent of relevant Registered Members
Article 18 Lack of Warranty
Neither OHO nor corporation involved with provision of FARM-MART makes any warranty regarding any of the following Items.
(1) Lack of occurrence of trouble or failure to personal computers of Registered Members arising from use of FARM-MART
(2) Accuracy of the Content and completeness of products
(3) Lack of infringement of a third party's rights by the Content
(4) Perpetuity of FARM-MART
(5) Warranty of product reliability, effect, etc.
(6) Satisfaction of matters necessary for Registered Members via use of FARM-MART
(7) Lack of occurrence of interruption of or error in use of FARM-MART
Article 19 Disclaimer
1 OHO shall not have any involvement with or assume any responsibility regarding PC usage environments of Registered Members.
2 OHO shall not assume any responsibility regarding any damage caused due to change of the nature of, suspension, or completion of FARM-MART.
3 OHO shall not assume any responsibility regarding inability to access the Site due to unexpected factors.
4 OHO shall not assume any responsibility regarding the reliability, accuracy, or safety of products.
5 Responsibility for sites of third parties that have been linked from or to the Site or whose banners are displayed on the Site shall be assumed by such third parties in relation to all content of such sites including Personal Information. Such sites shall not be under the management of Oho. Therefore, OHO shall not assume any responsibility regarding the nature of the aforementioned sites.
6 OHO shall not assume any obligation for responses, such as replies, reviews, etc., concerning ideas, comments, etc. contributed via email addresses or inquiry forms posted on the Site.
7 OHO shall not assume any confidentiality obligations regarding the aforementioned ideas, concepts, etc. under the preceding Paragraph and shall not assume any obligation to evaluate or adopt the same. Moreover, even if OHO has adopted the aforementioned ideas, concepts, etc., or has adopted items similar to the aforementioned ideas, concepts, etc., OHO shall not assume any responsibility regarding the same, including payments for compensations therefor, etc.
Article 20 Acceleration
In case that any of the following Items is applicable to Registered Members, OHO may immediately suspend FARM-MART without giving notification to Registered Members.
(1) In case that an order for attachment, provisional attachment, or provisional disposition, an order relating to delinquency of taxes, or another type of order has been given by a public power
(2) In case that commencement of corporate reorganization proceedings or civil rehabilitation proceedings has taken place against Registered Members, or in case that an allegation for bankruptcy or auction has been filed against Registered Members
(3) In case that commencement of corporate reorganization proceedings or civil rehabilitation proceedings has taken place by Registered Members or by third parties, or in case that an allegation for bankruptcy or auction has been filed by Registered Members or by third parties
(4) In case that a resolution for business abolishment, change, or dissolution has been made
(5) In case that an order relating to delinquency of taxes has been given
(6) In case that a fact occurs that allows recognition of worsening of creditworthiness in conformance with any previous Item
Article 21 Damage
1 In case that damage has been incurred by OHO for any reason attributable to Registered Members in relation to performance hereof, OHO may claim for such damage.
2 OHO shall not assume any obligation for compensation for any damage caused due to use of FARM-MART.
In regard to loss of opportunity, operational interruption, or any damage (including indirect damage and lost profits) occurring to Registered Members, even if OHO has been informed of the possibility of such damage in advance, OHO shall not assume any responsibility therefor.
3 Even in case that OHO has terminated the Terms, if there has been any damage, OHO may claim for such damage.
Article 22 Delinquency Charges
In case that Registered Members have made relevant payments later than due dates for payment for Shopping proceeds recorded on transmitted invoices, such Registered Members shall pay to OHO delinquency charges at the rate of 14.5% per annum from the date following the relevant due date of payment until the relevant date of settlement.
Article 23 Relationship with Other Services
In case that there exist provisions other than the Terms for FARM-MART and/or other forms of services provided by Oho, such provisions shall be also applicable. In case that there exist conflicts between such provisions and the Terms, the Terms for FARM-MART shall supersede.
Article 24 Method for Notification
1 In case that OHO deems it necessary to contact Registered Members, OHO shall notify such Registered Members by Skype ID, email, or by phone, using email addresses or telephone numbers registered by such Registered Members, in principle.
2 In case that Registered Members have received or dispatched relevant information by telephone numbers, email addresses, or Skype IDs that differ from registered ones, even if disadvantage or damage has been caused to such Registered Members, OHO shall not assume any responsibility therefor.
3 Even if disadvantage or damage has been caused to such Registered Members due to non-arrival or delay of arrival of Skype voice, video call, telephone, or email from OHO for any reason, OHO shall not assume any responsibility therefor.
4 In case that Registered Members deem it necessary to contact Oho, such Registered Members shall contact OHO by email, phone, or Skype telephone, in principle.
5 In relation to inquiries for products or other inquiries, it is requested that Registered Members directly contact email addresses, toll-free telephone number, or Skype IDs indicated on the page of the Site for inquires.
6 It shall be noted beforehand that telephone responses, Skype responses, or mail responses may be delayed for temporary closings during the summer, the winter, and golden week.
Article 25 Force Majeure
OHO shall not assume any responsibility to Registered Members for direct or indirect default or delay in fulfilment of obligations under the Terms due to natural disaster, flood, tsunami, lightening, typhoon, storm, earthquake, epidemic, plague, war, threat of war, a state of war, terror, rebellion, revolution, fire, explosion, marine accident, blockade, insurgency, strike, lockout, other form of labor dispute, riot, shortage or control of energy supply or raw materials, regulations by other laws or administrative guidance of governmental agencies, other statutory governmental regulation, or any situation beyond the reasonable control of OHO that is similar or dissimilar to the aforementioned events.
Article 26 Governing Law
The Terms shall be governed by the laws of Japan. In case that there exist contradictions between Japanese version hereof and English version hereof under the terms and conditions hereof, the Japanese version hereof shall supersede.
Article 27 Jurisdiction
Disputes occurring between OHO and Registered Members in relation to the Terms shall be brought to the Osaka District Court as the court having competent jurisdiction in the first instance.
Established on April 1, 2010
Revised on July 1, 2017
OHO Trading Co., Ltd.