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Terms of Use

Welcome to Allegro Japan.  Allegro Japan Inc. (“Allegro Japan” or “we”) provides website features and other products and services to you when you visit, make a sale or a purchase through AllegroJapan.com, or use the other services provided by us in connection with the Site. 

These Terms of Use took effect on March 10, 2020.

1. Accepting These Terms

These Terms of Use and the other documents that are applicable to you in accordance with Section 2.A. (Documents Applicable to You) make up our rules (collectively, the “Terms”). 

The Terms are a legally binding contract between you and Allegro Japan.

Please note that Section 18 (Disputes with Allegro Japan) contains a forum selection clause and class action waiver.  By agreeing to the Terms, you agree to resolve all disputes through binding individual litigation in Japan, which means that you waive any right to have those disputes decided by a judge or jury in any court of any other county (including the United States), or any states or territory thereof, and that you waive your right to participate in class actions or representative actions.

The Terms set out your rights and responsibilities when you visit, browse, use, or make a sale or a purchase through, AllegroJapan.com (the “Site”), or use other services in connection with the Site (such visiting, browsing, using, or making a sale and a purchase, and other services, collectively, the “Services”).  By visiting, browsing, using, or making a sale or a purchase through, the Site, or use the Services, you acknowledge that you have read and understood the Terms and agree to be bound by all of the provisions of the Terms and all documents applicable to you in accordance with Section 2.A.  If you do not agree to any provision or provisions included therein, you may not visit, browse, use, or make a sale or a purchase through, the Site, or use the Services.

2. Those Other Documents We Mentioned

A. Documents Applicable to You. The following rules and policies constitute an integral part of the Terms and apply to you, depending on your activities on the Site and how you use the Services:

  1. Rules for Everyone. If you visit, browse, use, or make a sale or a purchase through, the Site, or use any of the Services, the Terms, the Privacy Policy, and the Anti-Discrimination Policy apply to you.
  2. Rules for Sellers. If you visit, browse or use sellers only pages (including seller’s registration page) in the Site, make or attempt to make a sale through the Site, or use the Services associated with sales, the Seller Policy and the Return Policy apply to you.
  3. Rules for Buyers. If you visit, browse or use any page of the Site (including the “about Allegro Japan” page, but excluding sellers only pages), make or attempt to make a purchase through the Site, or use the Services in relation with purchase, the Buyer Policy and the Return Policy applies to you.
B. Order of Precedence. In the event of any ambiguity, inconsistency or conflict between the rules and policies listed above, the order of the precedence will be the order in which the documents are listed below.
  1. The Terms (except the Seller Policy, the Buyer Policy, the Privacy Policy, the Anti-Discrimination Policy and the Return Policy)
  2. The Seller Policy, or the Buyer Policy
  3. The Anti-Discrimination Policy
  4. The Privacy Policy
  5. The Return Policy

In the event of any ambiguity, inconsistency or conflict between the English version and the Japanese version of a document, the English version shall prevail.

C. Entire Agreement. The Terms constitute the entire understanding and agreement of you and Allegro Japan with respect to the subject matter hereof and supersede all prior agreements, express or implied, oral or written.

3. Your Privacy

Our collection, use and disclosure of your personal information is governed by our Privacy Policy.  Please review it carefully to understand our practices.

Both Allegro Japan and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law.  That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s personal information such as the buyer’s name and email address when fulfilling another buyer’s order, the seller, not Allegro Japan, will be responsible for that unauthorized disclosure. 

If Allegro Japan is demanded, sued, fined, or otherwise incurs expenses as a joint data controller of buyer personal information, you agree to indemnify, defend and hold harmless Allegro Japan for the expenses it occurs in connection with your processing of buyer personal information under Section 10. Indemnification (or What Happens If You Get Us Sued).

4. Your Account with Allegro Japan

You will need to create an account with Allegro Japan to use some of our Services.  Here are a few rules about accounts with Allegro Japan:

A. Be honest with us. You are required to provide accurate information about yourself and the other relevant information.  It is prohibited to use false information or impersonate another person or company through your account.

B. Choose an appropriate name. If you decide not to have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise would cause injury to any person or entity or violate the Terms.

C. You are responsible for your account. You are solely responsible for any activity on your account.  If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity.  If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.  Also, your accounts are not transferable without our written prior consent.  Any attempted transfer by you without the required consent is null and void.

D. Protect your password. You are required to keep your account password secure. 

E. Our relationship. The Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Allegro Japan.

5. Your Content

You may post, provide, send or submit using the Services reviews, comments, videos (such as videos of product), photos (such as profile pictures, products photos and listing photos), seller’s information, shop names, listing descriptions, product descriptions, reviews, comments, ratings, usernames, suggestions, ideas, comments, questions, responses, reports, communications, information or other content (collectively, the “Content”).  You are prohibited from, however, posting, providing, sending or submitting any Content using the Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious to third parties or objectionable, or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.  You may not to post, provide, send or submit any Content that is false and misleading or uses the Site or the Services in a manner that is fraudulent or deceptive.  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 

A. Responsibility for the Content. You understand that you are solely responsible for the Content.  You represent that you have all necessary rights to the Content and that you are not infringing or violating any third party’s rights.

B. Rights You Grant Allegro Japan. If you post, provide, send or submit the Content using the Services, you grant Allegro Japan a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, edit, modify, adapt, publish, perform, translate, create derivative works from, distribute, store, and display such Content throughout the world in any media.  You grant Allegro Japan and sub-licensees the right to use the name that you post, provide, send or submit using the Services in connection with such Content.  You agree not to assert any moral rights or rights of publicity against us for using the Content.

You warrant, guarantee and represent: that you own or otherwise control all of the rights to the Content that you post, provide, send or submit using the Services; that the Content is accurate; that use of the Content you post, provide, send or submit using the Services does not violate the Terms and will not cause damage or injury to any person or entity; and that you will indemnify, defend and hold harmless Allegro Japan and its directors, officers, employees, representatives and agents from and against claims, demands, liabilities and damages (including reasonable attorney’s fees and expenses) arising out of or in relation with the Content you post, provide, send or submit using the Services.  Allegro Japan has the right but not the obligation to monitor and edit or remove any activity or Content.  Allegro Japan takes no responsibility and assumes no liability for any Content posted, provide, sent or submitted by you using the Services.

C. Reporting Unauthorized Content. Allegro Japan has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Site.  If Content that you own or have rights to has been posted, provided, sent or submitted using the Services without your permission and you want it removed, please contact us by email.  If the Content posted, provided, sent or submitted by you using the Services is alleged to infringe another person’s rights including intellectual property rights, we may take appropriate action such as disabling or deleting such Content or terminating your account.  You release Allegro Japan, its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown (including loss of profit and loss of information) that may be incurred by you or third parties arising out of or in relation with such action.

6. Your Use of Our Services

A. Your License. Subject to compliance with the Terms, Allegro Japan grants you a limited, non-exclusive, non-transferable, revocable and non-sublicensable license to visit, browse, use, and (in case that the Seller Policy applies to you in accordance with Section 2.A.) make a sale through and (in case that the Buyer Policy applies to you in accordance with Section 2.A.) make a purchase through, the Site, and use the Services.

B. Prohibitions. You are prohibited from performing any acts, using the Site or in connection with the Services, that will or may constitute, attempt to commit, encourage or assist, or threaten to constitute, attempt to commit, encourage or assist:

  1. Crimes;
  2. Violation of any treaties, laws, ordinances, or regulations (including a sale, offer for sale, purchase, exportation or importation of products that will or may constitute violation of any treaties, laws, ordinances, or regulations in the relevant jurisdiction);
  3. Transfer of criminal proceeds to any third party;
  4. Provision of funds or other benefits to: (i) an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; or (ii) a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above (collectively, the “Antisocial Forces”);
  5. Conducts that will or may cause loss of, cause damage to or infringe, or threatening to cause loss of, cause damage to or infringe, property, assets or credit of Allegro Japan (including its directors, officers, employees, representatives or agents) or third parties (including other users of the Services);
  6. Conducts that will or may cause damage to or infringe, or threatening to cause damage to or infringe, privacy of Allegro Japan’s directors, officers, employees, representatives or agents, or any third parties (including other users of the Services);
  7. Defamation against Allegro Japan (including its directors, officers, employees, representatives or agents) or third parties (including other users of the Services);
  8. Violation of public order and morals;
  9. Interference with, or disruption of, business of Allegro Japan (including its directors, officers, employees, representatives or agents) or third parties (including other users of the Services), including using, providing or distributing, or threatening to use, provide or distribute a virus and other harmful software and computer code;
  10. Interference with, disruption of, or creation of, an undue burden on, or servers or networks connected to, the Site or the Services;
  11. Unauthorized access to the Site or the Services, or other computer systems or networks connected to or used together with the Site or the Services, through password mining or other means;
  12. Reverse engineering or acquisition of the source code of the Site or the Services
  13. Change or alteration of the appearance of the Site, such as frame link;
  14. Use of any meta tags or any other “hidden text” utilizing Allegro Japan’s name or trademarks;
  15. Use of data mining, robots, or similar data gathering and extraction tools;
  16. Collection or use of any product listings, photos, descriptions, or prices;
  17. Download, copy or use of other user’s account information;
  18. Use of false information including the registration of an email address of any other person;
  19. Impersonation another person or company through your account;
  20. Conducts that will or may cause misunderstandings any partnership or cooperative relationship between you and Allegro Japan, or that Allegro Japan recognizes, guarantees, supports or recommends you or any third party, or their business;
  21. Harassment or interference with another user’s use and enjoyment of the Site or Services; or
  22. Other conducts that Allegro Japan deems inappropriate.

C. Pay Your Bills. You are responsible for paying all fees and costs that you owe to Allegro Japan.  You are also solely responsible for collecting and/or paying any applicable taxes, levies, imposts, customs, duties charges and liabilities imposed by government or any political subdivision or taxing authority thereof for any sales or purchases you make through the Services. 

7. Formation of Contract

When a buyer places an order for purchasing a product, the buyer will receive an “Order Confirmation” email regarding receipt of the order placed by the buyer and details of the order.  The buyer’s order constitutes an offer of a sale and purchase agreement of the product.  When the seller sends the buyer a “Shipment Completion” email after shipment of the product or an “Order Confirmation” email after the seller accepts the order, whichever comes first, the buyer’s offer has been accepted by the seller and a sale and purchase agreement has been formed.

8. Representations and Warranties

A. Allegro Japan’s Representations and Warranties. Allegro Japan represents and warrants that is not a company who has fallen and shall not fall under any of the followings:

  1. The Antisocial Forces;
  2. A company having such relationship with the Antisocial Forces that shows the Antisocial Forces’ substantial involvement in the company’s management;
  3. A company having such relationship with the Antisocial Forces that shows reliance on the Antisocial Forces;
  4. A company who cooperate and is involved with the maintenance or operation of any Antisocial Forces by providing funding to any Antisocial Forces or any similar act; or
  5. A company who is engaged in socially condemnable relationship with the Antisocial Forces.
B. Your Representations and Warranties. You represent and warrant that is not a person or organization who has fallen and shall not fall under any of the followings:
  1. The Antisocial Forces;
  2. A person or organization (including its directors, officers, employees, representatives and agents) having such relationship with the Antisocial Forces that shows the Antisocial Forces’ substantial involvement in the person or organization’s management;
  3. A person or organization (including its directors, officers, employees, representatives and agents) having such relationship with the Antisocial Forces that shows reliance on the Antisocial Forces;
  4. A person or organization (including its directors, officers, employees, representatives and agents) who cooperate and is involved with the maintenance or operation of any Antisocial Forces by providing funding to any Antisocial Forces or any similar act; or
  5. A person or organization (including its directors, officers, employees, representatives and agents) who is engaged in socially condemnable relationship with the Antisocial Forces.

C. The terminating party shall be entitled to terminate the Terms without any notice to the terminated party due to a breach of a representation and warranty under Section 8.A. or 8.B. Upon such termination, any and all obligations of the terminated party owed to the terminating party shall become due and payable, and the terminated party shall immediately satisfy, fulfil and repay such obligations.  The terminated party shall release the terminating party including its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by the terminated party or third parties arising out of or in relation with such termination.

D. The terminated party shall at its costs indemnify, defend and hold harmless the terminating party including its directors, officers, employees, representatives and agents from and against claims, demands, liabilities and damages (including reasonable attorney’s fees and expenses) arising out of or in relation a breach of a representation and warranty under Section 8.A. or 8.B. or the termination under Section 8.C.

9. No Warranties, Release, Limitation of Liabilities

A. No Warranties. ALLEGRO JAPAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF ANY KIND WHATSOEVER WHICH ARISES OUT OF THE BREACH OF EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR REPRESENTIONS OR BREACH OF ANY OTHER DUTY OF ANY KIND IMPOSED ON ALLEGRO JAPAN BY OPERATION OF LAW.

B. The Site and the Services. YOU UNDERSTAND THAT THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF, EXPRESS OR IMPLIED, WARRANTY, GURANTEE OR REPRESENTATION.  ALLEGRO JAPAN DOES NOT WARRANT, GUARANTEE OR REPRESENT, EXPRESS OR IMPLIED, BY STATUTE OR COMMON LAW, REGARDING THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS (INCLUDIGN WITHOUT LIMITATION SIZES AND COLORS), PRODUCT AVAILABILITY, THE CONTENT, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS, OTHER INFORMATION AND TRANSLATIONS THEREOF DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH THE SERVICES, QULITY AND TIMING OF SHIPPING AND DELIVERY.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with the Site and the Services.  FURTHER, ALLEGRO JAPAN DOES NOT WARRANT, GUARANTEE OR REPRESENT THAT THE FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR ERROR-FREE, THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED, THAT THE SITE, THE SERVICES OR EMAILS OR FILES THAT SENT BY US OR OTHER USERS WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER HARMFUL MATERIALS, OR THAT THE RESULTS OF VISITING, BROWSING, USING, OR MAKING A SALE OR A PURCHASE THROUGH, THE SITE OR USING THE SERVICES WILL MEET YOUR EXPECTATIONS.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with the functionality of the Site or the Services, defects in the Site or the Services, emails or files that sent by us or other users, or the results of visiting, browsing, using, or making a sale or a purchase through, the Site or using the Services.

C. Products You Purchase. You understand that Allegro Japan does not manufacture, store, or inspect any of the products sold through the Services, and is a party neither to a transaction, nor to a sale and purchase agreement, regarding the products sold through the Services.  Allegro Japan provides the venue, and the products sold through the Services are manufactured, procured, listed and sold directly by independent sellers.  ALLEGRO JAPAN DOES NOT WARRANT, GUARANTEE OR REPRESENT, EXPRESS OR IMPLIED, BY STATUTE OR COMMON LAW, REGARDING THE PRODUCTS SOLD THROUGH THE SERVICES, DOCUMENTS SHIPPED WITH THE PRODUCTS AND THEIR PACKAGES, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SIZE, COLOR, QUANTITIES, AMOUNTS, UNITS, SAFETY, FREEDOM FROM DEFECTS OR COMPLIANCE WITH ALL APPLICABLE TREATIES, LAWS, ORDINANCES AND REGULATIONS (INCLUDING INTELLECTUAL PROPERTY LAWS).  Any legal claim related to a product that the buyer purchase must be brought directly against the seller of the product and must not against Allegro Japan, or its directors, officers, employees, representatives or agents.  The buyer may, but does not have to, provide emails or other communication to Allegro Japan regarding the legal claim, and Allegro Japan will forward the emails and communication to the relevant seller.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with products sold through the Services, documents shipped with the products and their packages, including without limitation defective products, misrepresentations by sellers, or products that caused physical or mental injury (including product liability claims).

D. Content You Access. You may come across any Content posted, provided, sent or submitted using the Services or materials on the Site that you find offensive or inappropriate while using the Services.  ALLEGRO JAPAN MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, BY STATUTE OR COMMON LAW, REGARDING ANY CONTENT POSTED, PROVIDED, SENT OR SUBMITTED USING THE SERVICES OR MATERIALS ON THE SITE AND TRANSLATION OF THE CONTENT.  Allegro Japan is not responsible for the accuracy, intellectual property compliance, legality, or decency of Content posted, provided, sent or submitted by users using the Services or materials on the Site or translation of the Content.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with such Content posted, provided, sent or submitted by users using the Services or materials on the Site or translation of the Content.

E. People You Interact With. You can use the Services to interact with other persons or organizations, either online or in person.  However, you understand that we do not screen users of the Services.  ALLEGRO JAPAN MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, BY STATUTE OR COMMON LAW, REGARDING PERSONS OR ORGANIZATIONS THAT YOU MAY INTERACT WITH EITHER ONLINE OR IN PERSON IN THE COURSE OF USE OF THE SERVICES.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with your interactions with other persons or organizations online or in person.  Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

F. Third-Party Services. The Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, and Pinterest).  You may also need to use a third party’s product or service in order to use some of the Services (like a compatible mobile device to use our mobile apps).  When you access third-party services, you do so at your own risk.  The third parties may require you to accept their own terms of use or any other rules.  Allegro Japan is not a party to those agreements; they are solely between you and the third party.  ALLEGRO JAPAN MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, BY STATUTE OR COMMON LAW, REGARDING ANY THIRD PARTY’S WEBSITE OR SERVICES THAT YOU MAY ACCESS, THIRD PARTY’S PRODUCTS OR SERVICE THAT YOU MAY USE, OR TERMS OF USE OR ANY OTHER RULES THAT YOU MAY ACCEPT, IN THE COURSE OF USE OF THE SERVICES.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with your access of third party’s website or services, your use of third party’s product or service, or your accept of third party’s terms of use or any other rules.

G. Advertisement. You may come across any advertisement made by Allegro Japan or users of the Services.  However, you understand that they are not necessarily accurate.  ALLEGRO JAPAN DOES NOT WARRANT, GUARANTEE OR REPRESENT, EXPRESS OR IMPLIED, BY STATUTE OR COMMON LAW, REGARDING ADVERTISEMENTS (INCLUDING WITHOUT LIMITATION QUALITY AND ACCURACY) MADE BY ALLEGRO JAPAN OR USERS OF THE SERVICES.  You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with advertisements (including without limitation quality and accuracy) made by Allegro Japan or users of the Services.

H. Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ALLEGRO JAPAN, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOST OPPORTUNITIES, PROFITS OR REVENUES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS.  IN NO EVENT SHALL THE TOTAL MAXIMUM AGGREGATE LIABILITY OF ALLEGRO JAPAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FOR ANY DAMAGES EXCEED THE GREATER OF FIFTY ($50) US DOLLARS (USD) OR THE AMOUNT YOU PAID ALLEGRO JAPAN IN THE PAST TWELVE MONTHS.

10. Indemnification (or What Happens If You Get Us Sued)

You will at your costs indemnify, defend and hold harmless Allegro Japan and its directors, officers, employees, representatives and agents from and against claims, demands, liabilities and damages (including reasonable attorney’s fees and expenses) arising out of or in relation with (i) the Content posted, provided, sent or submitted by you using the Services, (ii) your actions related to or in connection with the Site or Services, (iii) your visiting, browsing, using, or making a sale or a purchase through, the Site, or using the Services, (iv) your misuse or inability to use the Site or the Services, (v) your breach of the Terms, (vi) your violation of any rights of a third party including any users of the Services; or (vii) your violation of any applicable treaties, laws, ordinances, or regulations.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying Allegro Japan and its directors, officers, employees, representatives and agents, in which case you agree to cooperate with us so we can execute our strategy.

11. Changes to the Terms

The Terms are subject to change by Allegro Japan in its sole discretion at any time.  When changes are made, Allegro Japan will make the changed Terms available at the Site.  We will also update the “Last Updated” date at the end of the Terms.  If we make any material changes and you have registered with us to create an account, we will also send an email to you at your registered email address.  Any changes to the Terms (i) will be effective immediately upon making the changed Terms available at the Site for new users of the Services and (ii) will be effective thirty (30) days after making the changed Terms available at the Site for existing users.  Allegro Japan may, but does not have to, require you to provide consent to the changed Terms in a specified manner before further visiting, browsing, using, or making a sale or a purchasing through, the Site, or using the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you must immediately stop visiting, browsing, using, and making a sale and a purchasing through, the Site, and using the Services.  Otherwise, your continued visiting, browsing, using, or making a sale or a purchasing through, the Site, or using the Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

12. Termination

A. Termination by You. You may terminate your account with Allegro Japan at any time; provided, however, that if your obligations against Allegro Japan or other users of the Services in relation with the account have not been discharged, your account will continue to be valid only to the extent necessary to discharge your outstanding obligations.  After the termination, you do not have a contractual or legal right to continue to use the Services (for example, to visit, browse, use, or make a sale or a purchase through, the Site, or post, provide, send or submit the Content using the Services), except to the extent necessary to discharge your outstanding obligations.  Terminating your account will not affect the availability of some of the Content that you posted, provided, sent or submitted using the Services prior to termination. 

B. Termination by Allegro Japan. We may terminate or suspend your account (and any related accounts) and your access to the Services at our discretion at any time for any reason without advance notice; provided, however, that if your obligations against Allegro Japan or other users of the Services in relation with your account (and the related accounts) have not been discharged, your account (and the related accounts) will continue to be valid only to the extent necessary to discharge your outstanding obligations.  After the termination or during suspension, you do not have a contractual or legal right to continue to use the Services (for example, to visit, browse, use, or make a sale or a purchase through, the Site, or post, provide, send or submit the Content using the Services), except to the extent necessary to discharge your outstanding obligations.  Allegro Japan may refuse to provide the Services to anyone, at any time, for any reason. 

C. Lost of Information. If you or Allegro Japan terminate or suspend your account, you may lose any information associated with your account, including the Content that you post, provide, send or submit using the Services. 

D. We May Discontinue the Services. Allegro Japan reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason.

E. Release. You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown (including loss of profit and loss of information) that may be incurred by you or third parties arising out of or in relation with termination or suspension of your account, refusal of provision of the Services, or change, suspension or discontinuance of any of the Services. 

F. Survival. The Terms will remain in effect unless your account is fully terminated. After your account is fully terminated, Section 3 at Paragraph 3, Section 5.A. through C., Section 8.C. and D., Section 9, Section 10, Section 12.E. and F., Section 16, Section 17 at Paragraph 3, and Paragraph 18 survive the termination.

13. Severability

If any part or parts of the Terms is found to be invalid, void or for any reason unenforceable, the part or parts will be deemed severable and will not affect the validity or enforceability of any remaining part or parts of the Terms, and the Terms will be interpreted in a manner intended to preserve, to the maximum extent, the agreements of you and us.

14. No Waiver

No relaxation, forbearance, delay or indulgence by either party in enforcing any of the Terms or the granting of time by either party will affect or restrict of the party’s right under the Terms.  No waiver by either party of any breach of the Terms will operate as a waiver of any subsequent or continuing breach of the Terms.

Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

15. Assignment

You may not without our written prior consent assign, subcontract, delegate or transfer to any third party the Terms or any part thereof, your account, any right, benefit, obligation or interest therein or thereunder.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Allegro Japan may assign, subcontract, delegate or transfer to any third party the Terms or any part thereof, your account, any right, benefit, obligation or interest therein or thereunder.

16. Electronic Communication

You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Site or through the Services, and you can retain copies of these communications for your records.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to have been delivered 24 hours after Allegro Japan dispatches them to your registered email address or when they are available to you, whichever comes earlier.

17. Disputes with Other Users

If you find yourself in a dispute with another user of the Services, we encourage you to contact the other user and try to resolve the dispute amicably.

If you and another user of the Services are unable to resolve a dispute related to a transaction through the Services, Allegro Japan may, but does not have to, attempt to help you and the user of the Services resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion.  However, Allegro Japan will not make judgments regarding legal issues or claims.  Allegro Japan has no obligation to resolve any disputes.

You release Allegro Japan and its directors, officers, employees, representatives and agents from any and all claims, demands, liabilities and damages of any kind known or unknown that may be incurred by you or third parties arising out of or in relation with any disputes related to or in connection with the Site or the Services between you and a third party or third parties, or Allegro Japan’s resolution of disputes or attempt to help you resolve disputes.

18. Disputes with Allegro Japan

A. Governing Law. The Terms are construed, interpreted, governed, and enforced in accordance with the laws of Japan, without regard to its conflict of laws rules.  Japanese laws will apply no matter where in the world you live.

B. Forum Selection. Any dispute, controversy or difference arising out of or in connection with the Terms is subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Small Claims Court in the first instance.

19. Contact Information

If you have any questions about the Terms, please feel free to email us.

 

Last updated on March 10, 2020