Terms of Use

Monster Cliff Co., Ltd. (hereinafter referred to as the “Company”) which manages and operates the service called “Used Snowboard Monster” stipulates these Terms of Use (hereinafter referred to as the “Terms”) as follows.

 

Article 1. Scope of the Terms

The Terms shall apply to the service provided by the Company on this website (hereinafter referred to as the “Service”).

 

Article 2. Use of the Service

The Company provides its customers (hereinafter referred to as the “User” or “Users”) with the Service to purchase products, goods or equipment for winter seasons (hereinafter collectively referred to as the “Products”) from the Users. The User is required to complete application for evaluation or appraisal by the Company, after agreeing on the Terms, in order to use the Service.

The User (applicant for evaluation, the same applies hereinafter) shall be subject to the Terms and the ways or methods designated by the Company, in using the Service, and shall comply with any instructions or directions of the Company, if any problem or trouble arises.

 

Article 3. Scope of Products for Purchase

The Products which the Company may purchase shall be the products or items for snowboarding, skiing, outdoor activities or any other products which the Company considers purchasable.

 

Article 4. Registration Information for Evaluation Application

  1. The Company shall retain or keep the registration information (hereinafter referred to as the “Registration Information”) of the User.

The Company shall not disclose any information to specify an individual (name, address, phone number. e-mail address, date of birth, occupation, copy of identification, hereinafter collectively referred to as the “Personal Information”) out of such Registration Information to any third party outside the Company, in principle, unless the Company uses such Personal Information for entrustment to any third party within the scope necessary for the provision of the Service, or unless such User agrees or consents to such disclosure of such Personal Information.

  1. Notwithstanding the preceding paragraph, in any of the following cases, the Company may disclose part of the Registration Information (name, address) of the User, without consent of such User, as the case may be.

(1) If the Company considers that any disadvantage may arise to other User or any third party, or if the Company discloses the Registration Information to the police or relevant institutions;

(2) If the police, court, public prosecutor’s office, bar association, consumer affairs bureau or any other competent authority similar to them requests the Company to disclose the Registration Information, and the Company decides to accept such request;

(3) Any other case where the Company considers that such disclosure is reasonable.

  1. The Company shall not permit the User to make any false declaration in relation to all items of the Registration Information of such User, in applying for the Service.
  2. In case of any change of the Registration Information of the User, such User shall promptly conduct prescribed procedures of the Company.

 

Article 5. Evaluation and Evaluation Value

The Company shall evaluate the Products requested for evaluation by the User through the “evaluation request form”, without confirming such actual Products. The Company shall evaluate the Products, deeming that such Products has no functional problem, unless the User notifies the Company of such problem or describes such problem in the evaluation request form, in advance. Therefore, with respect to the Products without such notice or description, the evaluation value may be changed by the Company, after the arrival of such actual Products at the Company.

The evaluation value shall mean the value or amount including the accessories of such Products.

 

Article 6. Cancellation, Return or Refund after Acceptance of Evaluation Value

After the User has accepted the purchase amount presented by the Company, in relation to the Products of such User, the Company may not accept any return or cancellation of such Products. Further, after the Company has purchased the Products and paid purchase amount to the User, the Company may not accept any request for return of such Products by such User.

 

Article 7. Identification

In purchasing the Products in accordance with the “Secondhand Articles Dealer Act” of Japan, the Company shall confirm identification of the User and pay the purchase amount of such Products to such User by bank transfer in the following way. Any and all Users shall be subject to such identification confirmation by the Company, regardless of the size of the purchase amount.

 

  • The address described in the identification document of the User needs to be consistent with the address of such User for application for the Service.
  • The name described in the identification document of the User needs to be consistent with the name of the bank account of such User for payment by the Company.

 

The “identification document” refers to any of the following documents.

However, only document which is effective before expiration and where the change of address of the User is already registered shall be acceptable by the Company.

 

  • Driver’s license;
  • Passport;
  • Health insurance certificate;
  • Identification document with a photo of the User certified and issued by public office or special public corporation;
  • Foreign resident registration certificate;
  • Certificate of entry of residence registry.

 

Article 8. Prohibited Acts

The User must not conduct any of the following acts. If the User conduct such act, or if the Company considers that the User has conducted such prohibited act, the Company shall suspend the use of the Service by such User, without prior notice to such User. Further, the Company shall request such User to consult with the other party involved for solution of complaint or claim, etc., and shall take necessary measures. Such User shall not make any objection or complaint against the Company, in relation to any result arising from such measures taken by the Company.

 

  • Act which obviously is not intended for evaluation or purchase;
  • To intentionally send the Products to the Company several times by dividing them;
  • To enter or register any false content for application;
  • To interfere with the operations of the Service, or act which may obstruct the Service;
  • To cause trouble to or to give detriment or damage to other User, third party or the Company;
  • To infringe or may infringe on any intellectual rights such as copy right, privacy, personal right or any other right of other User, third party or the Company;
  • To offend public order and morals, or to breach laws and regulations, or act which may cause such offense or breach;
  • Any other act which the Company considers inappropriate.

 

Article 9. Change of the Terms

The Company may change or revise the Terms, from time to time, at its own discretion, without prior notice or consent of the Users. After such change or revision has been displayed on this website for a period of 1 month, all Users shall be deemed to have agreed on such change or revision. However, if any contingency situation where any third party may incur detriment or disadvantage, etc. is expected, the Terms shall be deemed have been changed or revised before such period has passed.

 

Article 10. Change or Termination, etc. of Content of the Service

  1. The Company may add to, change or partially terminate, etc., the content of the Service, at its own discretion, without prior notice to the Users.
  2. The Company shall not be liable for any damage incurred by the Users, in case of the preceding paragraph.
  3. The Company may terminate all of the Service, after giving prior notice to the Users.

 

Article 11. Handling of Personal Information

If the Company obtains or uses the Personal Information of the User, the Company shall properly handle such Personal Information, within the scope necessary for achievement of specific usage purposes. The Company shall use the Personal Information of the User, in order to give notice to such User in relation to the evaluation value of the Products such as snowboard, or to introduce the operations of the Company to such User, or to respond to the inquiries from such User. However, the Personal Information, etc. specified in the Products, etc. (described in warranty certificate, guarantee card, etc. or any other data) shall be excluded from such usage.

The retention period of such information shall be subject to the “Secondhand Articles Dealer Act”.

 

The Company shall appropriately manage the Personal Information of the User, and shall not disclose such Personal Information to any third party, except for any of the following cases.

 

  • If the User agrees to the disclosure of such information ;
  • If the Company discloses such information to its business partners who are entrusted by the Company to conduct the operations of the Company, in order to provide the Service or to purchase the Products requested by the User;
  • If the disclosure of such information is required by laws and regulations.

 

Article 12. Disclaimer of Liabilities

  1. The Company shall not be liable for any damage incurred by the User or any third party, due to any delay or interruption of the provision of the Service on this website, for any reason.
  2. The Company shall not be liable for correctness or fitness for particular purpose, etc. of any information, etc. obtained through the use of the Service on this website.
  3. The Company shall not be liable for any damage incurred by the User or any third party, due to any information, etc. obtained through the use of the Service on this website.
  4. If any dispute arises between the User and other User, or between the User and any third party, in relation to any information or the Service provided on this website, such User shall solve such dispute at his/her own expense and under his/her own responsibilities, and shall not give any damage to the Company.
  5. The Company shall not be liable for any performance of obligations in relation to the transactions conducted through this website, such as purchase and sale of goods, or for any other transactions, or for any dispute arising from such transactions, between the User and any third party.
  6. The Company shall not be liable for any problem or trouble arising from the disclosure of the Registration Information of the User on the basis of the Article 4.
  7. The Company shall not warrant completeness, correctness or security, etc. of any sentence registered by the User or any information, etc. provided through the Service, since such sentence or information, etc. includes subjective evaluation information of an individual, change by time passage or hearsay information.
  8. The Company shall not be liable for any other websites accessed by the User through the links on this website or e-mails, etc. (Such links do not mean any relationship such as affiliated companies or business partners between the Company and the providers of such linked pages.)
  9. The Company shall not be liable for any preparations or methods, etc. to access the website of the Company, such as computer, communication environment, setting, etc. necessary for the User or applicant to use the Service, even if such User or such applicant incurs any damage, due to such preparations or methods, etc.

 

Article 13. Jurisdiction

If any necessity of lawsuit or legal action arises between the Company and the User in relation to the Service or this website, both parties shall be shall be subject to the exclusive competent jurisdiction of Tokyo District Court of Japan for the first (1st) trial.

 

Article 14. Notice or Communication

  1. The Company shall contact the User by means of communication which the Company considers appropriate, such as e-mail, postal mail or phone number, etc. out of the Registration Information of such User.
  2. In case of notice to all Users, the Company may post such notice on its website, instead of the means of communication set forth in the preceding paragraph.

 

Article 15. Governing Law

  1. The Terms shall be governed by and construed in accordance with the laws of Japan, in relation to its execution, effect, performance and interpretation.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to the Terms.