This User Agreement (hereafter “Agreement”) is between You and Nichido.Co.,Ltd. (hereafter “WINWINDO.com beta”) and controls the terms under which you may utilize WINWINDO.com beta (hereafter “Website”). By utilizing the services provided by WINWINDO.com beta You are manifesting Your intent to be bound by this Agreement and the terms and conditions herein. By utilizing the services of the Website, You warrant that you are over the age of eighteen and are voluntarily entering into this Agreement.
a.This Agreement may be modified at any time solely by WINWINDO.com beta with or without notice to you. Any such modification will become effective automatically upon posting on toWINWINDO.com beta. By continuing to access the Website, You accept any modification to this Agreement the terms, conditions and notices contained or referenced therein.
a.During the beta version, Nichido.Co.,Ltd. Is the only seller on he Website. When you win an auction, WINWINDO.com will make the items ready and ship to your address.
a.WINWINDO.com beta may limit, suspend, or terminate service to You, prohibit access to the Website, and take technical and legal steps to prohibit You from utilizing the Website for any reason if You misuse the Website or Your account, or breach any term of this Agreement. Such misuse includes, but is not limited to, creating problems, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
b.WINWINDO.com beta reserves the right to cancel unconfirmed or unused accounts.
c.You shall not place any bid on items which WINWINDO.com beta is legally prohibited from exporting to Your country. WINWINDO.com beta shall cancel any such bid and is not obligated to refund any payment received for such bid. You shall also be responsible for and pay all disposal fees for any and all items that cannot be legally or physically transported to You.
d.You shall not copy, modify, or distribute any content from WINWINDO.com beta. WINWINDO.com beta retains ownership of all proprietary rights in or associated with the Website. You may not use the WINWINDO.com beta logo, name, or any other name, logo, icon or mark identifying the Website without prior written permission of WINWINDO.com beta.
e.Depending on availability, shipment method may be changed by WINWINDO.com beta at any time. You shall not be able to force WINWINDO.com beta to ship items by any method that WINWINDO.com beta does not utilize.
a.When You win an auction, WINWINDO.com beta shall charge a transaction fee for the services in accordance with the “Our Fees” page on the Website. WINWINDO.com beta may change its fees at any time, effective upon posting notice on the Website.
b.Unless otherwise stated, all prices are listed in Japanese Yen.
c.You shall be responsible for paying all applicable fees and taxes that may accrue before and after items have shipped. WINWINDO.com beta shall not send any won item to You until having received all fees and taxes in full.
a.Because WINWINDO.com beta is an intermediary service between You and the seller, WINWINDO.com beta does not issue refunds of item prices, transaction fees or international delivery fees for any reason.
b.Bid deposits are not refundable UNLESS You are outbid.
If You win an auction, you shall proceed to pay the remaining amount of the auction closing price, transaction fees and international delivery fee within 48 hours. Otherwise the auction will be cancelled and the deposit will NOT be refunded.
If You are outbid, you can immediately enter a refund order through the “refund” link in the auction page and have your deposit refunded. OTHERWISE, we will automatically proceed to refund your bid deposit as soon as the auction ends.
a.WINWINDO.com displays detailed images for the listed items and you are expected to make your purchase decision by those images and auction description. IF in an auction, you don’t find images or the description clear ENOUGH, SO avoid bidding on this auction. You undertake all transactions solely at Your own risk.
b.WINWINDO.com beta does not guarantee continuous of secure access to services, or to the Website. All use of the services or of the website is provided on an “as is, as available” basis.
c.You agree to be bound by the terms in the “Disclaimer” of the Website, which is expressly incorporated herein.
d.YOU SPECIFICALLY ACKNOWLEDGE THAT WINWINDO.com beta SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, OR DAMAGES, INCLUDING LOSSOF MONEY, GOODWILL, OR REPUTATION, WHATSOEVER RESULTING FROM ANY (i) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (ii) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT , (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN , (v) ANY COMPUTER PROGRAMS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
e.TO THE GREATEST EXTENT ALLOWABLE BY LAW, WINWINDO.com beta WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT EXCEED (A) THE TOTAL FEES YOU PAID TO WINWINDO.com beta IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
a.Authority. You hereby represent and warrant that you have all necessary authority to enter into and perform the obligations under this Agreement without the consent of any third party or breach of any contract or agreement with any third party.
b.Choice of Law/Venue. In the event of any dispute between You and WINWINDO.com beta, any action in any court of law, mediation, or arbitration shall proceed under the laws of Japan. Any such action or proceeding shall be filed, or shall proceed, in Yonago City, Japan.
c.Assignment. You may not assign any rights or delegate any duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
d.Compliance with Laws. You shall comply with all applicable laws, rules and regulations relating to Your access to and/or use of the Services.
e.Force Majeure. WINWINDO.com beta will not be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond the control of WINWINDO.com beta.
f.Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and understandings with respect to the same.
g.Waiver. No waiver of any term or condition of this Agreement shall be valid or binding on WINWINDO.com beta unless agreed to in writing. The failure of WINWINDO.com beta in any one or more instance(s) to insist upon strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
h.No Third Party Beneficiaries. No person or entity not a party to this Agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.
i.Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.
j.Company Information
Nichido.Co.,Ltd.
Yumeminato Tower 2F
255-3 Takenouchi Danchi
Sakaiminato City Tottori Pref.
684-0046 JAPAN
Website: http://www.winwindo.com beta
Email: info@winwindo.com beta