Clause 1: Applicability of Terms
Phenix Company Ltd (hereinafter referred to as "the company") hereby establishes the following rules and regulations (hereinafter referred to as "the terms") for persons utilizing the company's Internet sales service for used cars and other items (hereinafter referred to as "the users" and "the service" respectively).
Clause 2: Scope of and Changes to the Terms
  1. The Terms apply to the company and to users of the service. Both the company and users shall strictly adhere to the Terms in a sincere manner.
  2. Where changes are made in the Terms, the company will notify users of such changes. If users do not indicate that they do not accept changes when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes.
  3. Where one or more Clauses or parts of Clauses contained within these Terms is deemed ineffective or not executable, the remainder of the Clauses or parts of Clauses as well as the Clauses or parts of Clauses deemed ineffective or not executable will remain fully in force. The company and/or the user will legitimize the Clause or part of Clause deemed ineffective or not executable and revise it as necessary in order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned Clause or part of Clause.
Clause 3: User Notification
  1. Except where otherwise stipulated in the Terms, users are notified by the company via e-mail, via general postings on the service Website, or by other means deemed appropriate by the company.
  2. Where notification as described in (1) above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the user's e-mail address.
  3. Where the notification in (1) above is carried out via general postings to the service Website, user notification is deemed complete once it has been posted to the Website and users accessing the service can view the posting.
  4. Once notification as in (2) or (3) above has been completed, any information contained in said notification is effective immediately.
  5. Users are under obligation to peruse notification from the company made be e-mail without delay. User perusal e-mail is defined as the user displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.
Clause 4: Applicable Laws, etc.
  1. The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.
  2. The original English document pertaining to these Terms takes legal precedence. No changes in enactment, validity, execution, interpretation, etc. are effective with respect to translation of the document into other languages.
Clause 5: Court Holding Jurisdiction
  1. Should any disputes between user(s) and the company occur with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion.
  2. If the dispute(s) cannot be resolved through discussion between the parties concerned, either the Nagoya District Court or the Nagoya Summary Court holds original, exclusive jurisdiction over the dispute.
Clause 6: Prerequisites for Utilizing the Service
Users are responsible for obtaining the equipment necessary to utilize this service, including communications equipment, software, relevant Internet services, etc.
Clause 7: Information Supplement
  1. Should changes occur in user information such as name, address, telephone number, and other information provided to the company at the time of application, users must report any such changes to the company immediately.
  2. The company is not liable for any damages incurred by the user or a third party due to failure to inform the company of the changes in user information noted above.
  3. Where the user neglects to inform the company of changes in registered information, the user understands that the company will deem any notification sent to have been received by the user at the time it is supposed to be received, even if said notification returns to the company as undeliverable, as the notification will be sent as indicated in the information previously provided to the company by the user.
Clause 8: Restrictions
The following actions are prohibited of users of this service.
  1. Actions that infringe on company or third party copyrights or other rights, or actions that pose a threat to such rights.
  2. Actions that infringe upon the company's assets or its privacy, or actions that pose a potential threat to such rights.
  3. In addition to numbers (1) and (2) above, actions that cause loss or damage to a third party or to the company, or actions that pose a potential threat of such loss or damage.
  4. Transfer of rights stipulated in the Terms to a third party.
  5. Actions resulting in the defamation of a third party or the company.
  6. Actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or actions deemed by the company to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.
  7. Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
  8. Actions related to the sex industry or religious proselytizing.
  9. Utilizing the service as a third party.
  10. Falsifying or suppressing company or third party information through access of the service.
  11. Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
  12. Actions leading to inconvenience or loss for the company or a third party, actions that may interfere with the service, or actions that impede operation of the service.
  13. Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.
  14. Actions that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
  15. Other illegal actions or actions that may potentially lead to illegal actions.
  16. Other actions deemed inappropriate by the company.
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