Article 1: User Agreement
1. To use the online store "SmartKyosei for Kids" (hereafter the "Site") operated by SmileTech PTE.LTD. (hereafter the "Company"), you must read and accept all the terms and conditions oaf this User Agreement (hereafter the "Agreement"). If you do not accept, please refrain from using the Site.
2. The Company reserves the right to amend the content of the Agreement as it deems necessary, without your consent. As soon as a revised Agreement is displayed on the Site, it will be taken that you have consented to the revisions.
4. In order to maintain the operational status of the Site, the Company reserves the right to cease all or part of the Site's services, without prior notice, in any of the following cases.
(1) Regularly scheduled or emergency system maintenance, or when supervision for functional improvement is necessary
(2) High system load
(3) Any other case where the Company deems that the system needs to be stopped
5. The Company takes no responsibility for any loss or damages should you become unable to use the Site as a result of any of the measures above.
Article 2: Prohibited Actions
1. The following actions are prohibited to all users of the Site.
(1) Any activity that infringes or potentially infringes the Company's or third parties' assets, privacy, and the like
(2) Any activity that causes or potentially causes disadvantage or damages to the Company or third parties
(3) Any activity that violates or potentially violates public order and morals
(4) Criminal activity, or any activity that leads or potentially leads to criminal activity
(5) Any activity that damages or potentially damages the Company's or third parties' reputation or trust
(6) Commercial activity, or any activity intended for profit or in preparation thereof
(7) Registration of third parties' email addresses, issuance of false statements or notices, and the like
(8) Provision or use of malicious programs such as viruses
(9) Any other activity that the Company deems inappropriate
(10) Fraudulent credit card usage on the Site
(11) Obtaining by improper means or misuse of login ID or password information
2. Although the Company reserves the right, upon discovery of the prohibited actions listed above, to delete all or part of members' information or take other appropriate measures without prior notice, the Company shall not be bound to monitor the Site at all times.
Article 3: User Eligibility
If you are a minor, you must obtain parental or guardian consent.
Article 4: Cessation of Site Services and User Deletion
1. The Company reserves the right, in any of the following cases, to cease the Site's shopping services, delete registered users, or take other necessary measures without prior notice.
(1) Delayed payment or non-payment of fees related to the Site
(2) Any activity described in Article 2 ("Prohibited Actions")
(3) Discovery of past violation of the Agreement
(4) Any other violation of the Agreement
2. If any violation described in the preceding clause results in damages to the Company or third parties, the offending user shall be liable for the full amount of said damages (including legal costs). Furthermore, the offending user shall be liable for the resolution of any inquiries, complaints, monetary demands, and the like from third parties as a result of violating the Agreement.
3. The Company does not guarantee the completeness or accuracy of the information displayed on the Site. You agree to use the Site at your own risk.
Article 5: Product Purchase
1. You may use the Site to purchase products.
2. If you wish to purchase a product and do so according to the method specified by the Company, your order shall be viewed as an application for a product purchase contract.
3. When you make an order on the Site, you will be transferred to the [Purchase] completion page. Your order shall be viewed as an application for a product purchase contract. This contract application shall be approved and the contract shall take effect as soon as you are transferred to the [Purchase] completion page on the Site, regardless of the payment method or delivery method for your selected product.
Article 6: Termination of Purchase Contract
1. The Company reserves the right, in any of the following cases, to cancel or terminate any applicable purchase contract, without prior notice or reminder.
(1) The user violates the Agreement
(2) Personal information provided by the user is found to be false
(3) The user's ability to continue payments is judged to be in jeopardy
(4) The Company is informed of credit card default by the user-specified credit card company
(5) An order is made by a minor without parental or guardian consent
(6) Delivery cannot be made due to unknown address or prolonged absence
(7) The Company receives an order for a discontinued product or a product of long-term indeterminate availability (products that are available when an order is received may become unavailable during order processing)
(8) The product's correct price, as judged by the Company, is higher than the price displayed on the Site
(9) An order that exceeds any applicable purchase limits, as for limited quantity products
(10) An order made or possibly made with the intention of reselling or profit, such as a high-volume order
2. The Company reserves the right, in the event of improper or inappropriate actions related to Site usage without being limited to the preceding clauses (1) to (11), to cancel or terminate applicable purchase contracts or take other appropriate measures.
3. Payment for products purchased on the Site shall be conducted according to the Company-specified payment method selected by you during order placement.
4. Payment by credit card shall be conducted according to the terms of your contract with your credit card company. In the event of a dispute between you and your credit card company, you shall take full responsibility for resolving said dispute. The Company takes no responsibility for such disputes.
Article 7: Delivery
1. You shall refer to the Site for product delivery timing. Furthermore, if a product is not in stock, the Company makes no guarantee whatsoever of delivery within a fixed time during, but not limited to, the Company's or suppliers' non-working days.
2. If an application is made for two or more products, said products may be delivered separately.
3. If you place two or more orders, said orders cannot be packed together.
4. If, according with applicable law, the delivery of a purchased product results in fees for which you are financially liable (such as customs, sales, or other tax, or any attendant import fees), you must pay said fees in addition to the price of said product and payment system fees.
Article 8: Return and Exchange Policy
1. Product returns, exchanges of defective products, or contract termination due to non-exchange shall only be possible if said product is returned within the period (specified elsewhere by the Company) following receipt of said product.
2. Products shall be returned according to the method specified elsewhere by the Company.
Article 9: Copyright
1. Copyrights and other rights related to all information on this Site (including but not limited to text, images, videos, music, programs, and data) belong to the Company or agents recognized by the Company. Unrestricted, non-personal use(including but not limited to reproduction, transmission, transfer, or translation) of said information is not permitted.
2. Copyrights related to email content sent by the Company belong to the Company. Unrestricted use or transmission of said content is not permitted.
3. With the exception of personal information, the Company reserves the right to the use or secondary use of information provided to the Company via applications or responses to questionnaires, campaigns, and the like on the Site.
Article 10: Liability Limitation
1. While the Company makes reasonable effort to create and manage all information displayed on the Site, the Company makes no guarantee of the accuracy or completeness of said information.
2. The Company reserves the right, without prior notice, to cease operation of the Site either temporarily or permanently, or to amend all or part of the information displayed on the Site.
3. The Company takes no responsibility for websites other than the Site, notwithstanding external links within services provided on the Site or external links provided by third parties. Furthermore, the Company takes no responsibility for any damages related to or caused by services or other features of said websites.
4. The Company takes no responsibility for damages arising from system interruption, delay, cessation, data loss, or improper access of data caused by malfunction of communication lines, computers, and the like, or any other damages to users related to the Site's services.
5. The Company makes no guarantee that emails and content sent from the Company's webpage, server, domain, and the like are free from computer viruses or other malicious software.
6. If a product is found to contain defects at the time of delivery, the Company's liability is limited to the value of said defective product. The Company takes no responsibility for indirect damages caused by product defects.
7. You shall use products according to their respective instructions. The Company takes no responsibility for any damages whatsoever resulting from defective use of products.
8. Color of actual products may vary from that displayed on your screen due to monitor settings and other factors.
9. The Company takes no responsibility for damages caused, through Site usage, by users to other users or third parties. The offending user shall be legally and financially liable for the resolution of said damages.
10. The Company shall be deemed to have fulfilled its duty to notify the user by sending notifications to the user's registered address or email address, or, with respect to product delivery, by delivering the product to the address specified by the user during product purchase.
11. If, due to user negligence of procedures, emails sent by the Company to the user do not reach the user, or if products sent by the the Company to the user are delayed or cannot be delivered, the Company takes no responsibility whatsoever for any issues or damages suffered by the user as a result. Furthermore, if product delivery is delayed or rendered impossible due to natural disasters (earthquake, typhoon, and the like), social unrest, violence, terrorism, and the like, the Company takes no responsibility whatsoever for any issues or damages suffered by the user as a result.
12. The Company takes no responsibility, aside from those described in the Agreement, for damages, losses, disadvantage, or the like related to products sold on the Site or use of the Site, irrespective of circumstances or legal cause of action.
13. The Company takes no responsibility whatsoever for all damages arising from the user not being able to use the Site.
14. The Company takes no responsibility whatsoever for damages arising from the user's violation of the Agreement and the like.
Article 11: Burden of Costs
1. Costs including but not limited to costs related to the setting up of computers, communication devices, and the like necessary for use of the Site, telephone charges necessary for use of the Site, or application fees and usage fees for a local area network or the like, shall be borne by you.
2. Sales taxes or any other public charges applicable to costs and fees based on the Agreement of use of the Site shall be borne by you.
Article 12: Dispute Resolution
If any issue arises from use of the site that cannot be resolved by the Agreement, you and the Company shall discuss and resolve said issue through mutual awareness. Japanese laws apply to the Agreement and the Company's Site. You and the Company agree to submit to the jurisdiction of the Tokyo District Court for the resolution of disputes related to the Agreement or use of the Company's Site.