Terms and Conditions of the service provider site of “AXES” and its credit card payment services

Article 1. Applicable Scope

The terms and conditions is applied to the service provider site “AXES” managed by AXES Netherlands B.V. (hereinafter called “the Company”) and whole matter concerns the Company and users regarding credit card payment service (hereinafter called “the Service”). However, provided that, if the store that users wish to do payment by credit cards set out terms and conditions which differ from the terms and conditions of the Company, the terms and conditions of the store shall prevail.

Article 2. Range of Services

1) The Services provided hereunder are as follows:
   1.1 Management of the service provider site “AXES” (hereinafter called “the Site”).
   1.2 Provision of payment by credit cards.

2) The Company may provide services via information-communication equipment including cellular phones, by direct mail and other means through web pages, e-mail, postal mail etc.

3) The Company shall hereunder have the right to choose sending e-mails in the formats of HTML-format as well as text-format.

4) The user understands and agrees to that the size of HTML-format e-mails (hereinafter called “HTML-mail”) is larger compared to text e-mails.

5) The user shall set the display of HTML-mail, internet connection environment and setup and sort of mail software to follow the Company's system requirements.

6) The user shall bear expenses for receiving e-mail and browsing the website by communication device including cell phone to receive the Service and any other necessary communication expenses.

7) The Company may provide additional services at any time other than the Services.

8) The Company may change the service provision time of the Service, suspend a part of the Service and abolish it without prior notice or demand to users, for any reason whatsoever. However, provided that, the Company shall notify or announce to users in a proper way previously in the event that the Company terminates whole of the Service. This notice and announcement shall be deemed to have been received by the users 2 weeks after the Company had notified or announced it in the proper way.

9) The Service may be terminated by the Company due to any matters of business and techniques. In this case, the Company shall notify users of that in advance.

Article 3. Refund

All charges are non-refundable, unless otherwise specified in the store's terms and conditions that users wish to do payment by credit cards to.

Article 4. Change

The Company may change the Service contents and the terms, in whole or in part, without prior notice to the users.

Article 5. Hours

1) The Service is available in 24 hours per day.
2) The Company shall in principle answer the user's inquiry within five business days.

Article 6. Prohibited Matters

Users are prohibited the following acts.
1) Act which breaches the Company's or third party's privacy or damages the Company's or third party's asset.
2) Act which causes or is likely to cause loss or damage to the Company or third party.
3) Act which violates or is likely to violate laws and regulations, etc.
4) Act which the Company decides as inappropriate.

Article 7. Service Interruption

The Company may suspend the Service temporarily due to the following reasons without prior notice to the users.
1) Periodic maintenance.
2) Emergency maintenance and system upgrade required for system management.
3) Natural disasters such as earthquake, storm and flood damage and fire.
4) The matter which the Company decides that it can not provide the Service smoothly.

Article 8. Exclusion of Liability

1) Use of the Site is on user's own responsibility.
2) If the Site provides a link to any other websites and/or any other websites have a link the Site, the contents of the third party's website are not under the Company's control.
3) The user understands and agrees to that particulars, compositions etc. on the ’Site might be changed or discontinued without prior notice to the users.
4) For any reason whatsoever, the Company shall not be responsible for any losses which are caused by changes of contents or discontinuance of the Site.

Article 9. Manner of Credit Card Payment

1) The Company shall charge the fee the users do payment by credit cards to the credit card company the user registered.
2) The billing name that will be shown on user's credit card statement shall be notified on the payment page of the Company or by e-mail.

Article 10. Personal Information Protection

Personal information protection guideline of the Site is stated in “Privacy Policy” by the Company. If the store that users wish to do payment by credit cards set out the terms and conditions and the privacy policy which differ from “Privacy Policy” of the Company, “Privacy Policy” of the Company shall prevail.

Article 11. Copyright and Trademarks

1) The Company or other right holders shall possess the copyrights, the trademark right and any other rights relative to contents on the Site, like as texts, graphics, designs, trademarks, logo images (hereinafter called “data etc. on the Site”). Whether profit or nonprofit-oriented one, following acts beyond the allowable range in laws must be taken prior approvals from us and any other right holders; duplication, transmission, distribution, alteration, etc.
2) The user understands and agrees to that the Company might refuse use in case of inappropriate way or purpose the Company considers so.
3) Even if use of data etc. on the Site follows to the above terms, copyright notice must not be changed nor removed.

Article 12. Governing Law and Jurisdiction

The terms and conditions and the agreement entered into based on these terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands, and the Company and the users hereby irrevocably submit to the exclusive jurisdiction of Amsterdam courts in The Netherlands over all disputes arising out of or in connection with the terms and conditions and this agreement.