General Terms of Use

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General Terms of Use

NIKI GOLF Co., Ltd. (hereinafter referred to as "our company") hereby establishes the following terms of use (hereinafter referred to as "these Terms") for NIKI GOLF Online (www.nikigolf.jp, hereinafter referred to as "this service"), which it operates.

Article 1 Scope of Application and Changes to These Terms

1. These Terms and Conditions shall apply to NIKI GOLF and Users (defined in Article 3) regarding the provision and use of the Service.
2. The Company may change these Terms and Conditions without obtaining the prior consent of the User.

Article 2 Use of the Service

1. Users shall use the Service in accordance with these Terms and Conditions and any usage guidelines separately established by the Company.
2. The Company may change the content of the Service without prior notice to the User.

Article 3 User

"User" refers to a person who uses the Service by browsing, purchasing, etc. In addition, by using the Service, the User is deemed to have agreed to these Terms and Conditions.

Article 4 User Registration

1. If you are using this service for the first time and purchasing a product, we recommend that you register as a member. (You can shop as a guest, but you cannot use points, etc. as a guest.) Users must apply for membership from the member registration page in accordance with the method specified by our company.
2. When purchasing products with a credit card, the user must use a credit card in their own name.
3. When the Company approves the registration in response to the application under paragraph 1, the Company will approve the application by sending a registration confirmation email.
4. If it is discovered that an applicant for membership registration has had their membership registration cancelled in the past due to a violation of these Terms of Use or other reasons, if the applicant's application contains false information, or if the Company otherwise deems it inappropriate to approve the registration application, the Company may not approve the registration application.
5. Membership registration is limited to those with an address in Japan.

Article 5 Notification of Changes

If there is a change in the user's address, name, telephone number, or other information that the user has notified the Company, the user must notify the Company in a manner separately instructed by the Company.

Article 6 Suspension of Service Provision and Cancellation of User Registration

If any of the following applies to a user, we may suspend provision of the Service or cancel the user's registration without prior notice to the user.

1. If it is discovered that your membership registration has been cancelled in the past due to a violation of these Terms of Use.
2. If there is a delay or other failure to fulfill payment obligations, such as fees for the Service.
3. If any of the acts set out in Article 7 (Prohibited Acts) are committed.
4. Any other violation of these Terms and Conditions.

Article 7 Prohibited matters

Users shall not engage in the following acts:

1. The act of submitting false registration information when registering as a member.
2. Any act that interferes with the operation of this service or any other act that may cause disruption to this service.
3. The act of using this service by fraudulently using a credit card.
4. Unauthorized use of email addresses and passwords.
5. Any act that causes inconvenience, disadvantage or damage to other users, third parties or our company, or any act that could result in any of these.
6. Any act that infringes or may infringe the trademark rights, copyright, privacy or other rights of other users, third parties or our company.
7. Any act that is contrary to public order and morals or violates other laws and regulations, or any act that may result in such an act.
8. Any other conduct that the Company deems inappropriate.

Violating prohibited acts is not merely a breach of etiquette, but also a violation of the Criminal Code, the Unauthorized Computer Access Act, the Trademark Act, the Copyright Act, and the Civil and Commercial Code, and may result in criminal liability and civil liability for damages.

Article 8 Copyright

1. Users may not use any information provided through this service beyond the scope permitted by copyright law, such as personal copying for personal use, without the permission of the rights holder.
2. If a problem arises between a rights holder or a third party due to violation of the provisions of this Article, the user shall resolve the problem at their own responsibility and expense and shall not cause any inconvenience or damage to the Company.

Article 9 Password Management

1. Users shall be responsible for managing the passwords they set themselves.
2. Users shall not transfer, lend or disclose their password to any third party.
3. Users shall be responsible for any damages resulting from improper password management, erroneous use, use by a third party, etc. Furthermore, if the Company incurs damages due to such reasons, users shall be solely responsible for such damages and shall compensate and indemnify the Company for all damages incurred.

Article 10 Handling of User Information

The Company will not disclose or provide to any third party any information about users that the Company learns in connection with the use of the Service, except in the following cases:

1. When the user has consented to the disclosure of information.
2. When information is required by a company that performs work on behalf of us in order to provide products or services.
3. When it is necessary to check the legitimacy and validity of a bank account or credit card for online shopping payments.
4. When we provide statistics on personal information collected for the purpose of understanding usage trends of the Service to a third party in a format that does not allow the identification of individual personal information.
5. When required by law.
6. When it is necessary to protect a person's life, body, or property, and it is difficult to obtain the individual's consent.
7. When it is necessary to cooperate with national information or a local government or a person commissioned by such a government to carry out duties prescribed by law, and obtaining the consent of the individual may hinder the performance of such duties.

Article 11 Purchase of Products

1. Users can purchase products using this service.
2. If a user wishes to purchase a product, they must apply to purchase the product in accordance with the method specified by our company.
3. In response to the application in the preceding paragraph, a sales contract for the relevant product will be established between the user and our company at the time when our company sends an email to the user informing them that the product will be shipped.
4. Delivery of products using this service is limited to within Japan.
5. With regard to the cancellation of an application under paragraph 2, the procedures shall be as set forth in the usage guide or other documents separately established by our company.

Article 12 Termination of Contract

If any of the following applies, our company may cancel the contract.

1. If the user violates these Terms and Conditions.
2. When the credit card company designated by the user notifies the user of a credit default.
3. When circumstances are discovered that could be deemed to have put the user's ability to pay in jeopardy.
4. If the product is out of stock and cannot be delivered easily.
5. If delivery is not possible due to an unknown address or an extended absence.
6. Notwithstanding the provisions of the preceding paragraph, if any fraudulent or inappropriate conduct is found in relation to the use of the Service, the Company may cancel or terminate the sales contract or take other appropriate measures.

Article 13 Payment

1. The amount you pay when purchasing a product is the total of the product purchase price, shipping fee, and consumption tax.
2. Payment for products purchased through this service may be made by credit card in the user's name, cash on delivery, bank transfer (prepayment), full point payment, convenience store payment (prepayment), Amazon Pay, PayPay, or Rakuten Pay.
3. If you pay by credit card, you will be subject to the terms of a separate agreement between you and your credit card company. If a dispute arises between you and the credit card company, the parties involved will be responsible for resolving the matter themselves, and we will not be held responsible in any way.

Article 14 Delivery of Products

1. The ordered products will be delivered by a delivery company designated by our company.
2. Depending on the product, due to various circumstances, the delivery date may be delayed or we may not be able to fulfill your order. In such cases, please note that we will not be held responsible for any damages caused by changes to the delivery date that was originally notified. Furthermore, if the delivery date of the product changes significantly from the delivery date that was notified in advance, we will contact you.
3. Products will only be delivered to customers with addresses within Japan.
4. As a general rule, all ordered items will be delivered in one package, but there may be cases where multiple items are delivered.
5. Please collect your item within one week of delivery. If you do not collect your item within this period, your order may be cancelled.

Article 15. Return of Products, etc.

1. Returns of products are not permitted except in cases of damage during delivery, product defects, incorrect products, or other reasons permitted by our company. In addition, product returns, exchanges of defective products, or cancellation of the contract when exchanges are not possible, are only possible if the user returns the product within a period separately specified by our company after receiving it.
2. Users must make returns in accordance with the methods specified in the usage guide or other documents separately established by our company.

Article 16: Information Management

Our company reserves the right to delete any comments or other information posted by a user without prior notice to the user, at our discretion, if the comments or other information falls under any of the following items:

1. If the information is deemed to clearly infringe the copyright or other rights of NIKI GOLF or a third party, or to damage the reputation or credibility of NIKI GOLF or a third party.
2. If NIKI GOLF receives a warning from a third party that the information infringes the copyright or other rights of the third party, or damages the third party's reputation or credibility.
3. If it is determined that there is a violation of the laws and regulations of Japan or any applicable foreign country.
4. When we receive an order to delete the information from a government agency or public institution based on legal grounds.
5. Any other case that is deemed inappropriate for the operation of this service.

The Company reserves the right, at its sole discretion and without notice, to deny any user access to all or any part of this Website.

Article 17 Suspension of Service

In order to maintain the operation of the Service in good condition, the Company may suspend the provision of the Service in whole or in part without prior notice to the User in any of the following cases:

1. When necessary for scheduled and emergency system maintenance
2. When system operation becomes difficult due to force majeure such as fire, power outage, natural disaster, or interference by a third party.
3. Any other cases where the Company determines that it is unavoidable to stop the system.

Article 18 Other Disclaimers

1. If the Company has an obligation to notify the User, the Company will fulfill that obligation by posting a notice in the "Notices" section of the Service or by sending a notice to the email address that the User has registered in advance. In the case of delivery of a product, the Company will fulfill that obligation by delivering the product to the address specified by the User at the time of purchase.
2. Regardless of the legal basis for the claim, under no circumstances shall the Company be liable for any damage, loss, disadvantage, etc. related to the use of this Service or the products sold or purchased through this Service, other than as set forth in the preceding article.
3. We shall not be liable for any damages incurred by the user as a result of the user being unable to use this service.
4. Our company will be exempt from liability by processing business in accordance with the user's registration details.
5. Regardless of the legal basis for the claim, under no circumstances shall the Company be liable for any damage, loss, disadvantage, etc. arising from the use of the Service.
6. If a user causes damage to another user or a third party through the use of this service, the user shall resolve the matter at his/her own responsibility and expense and shall not cause any inconvenience to the Company.
7. When changing a user's password, etc., the Company will be exempt from liability by verifying the user's identity using a method designated by the Company.
8. The user is responsible for the costs associated with installing the computer equipment and communication devices necessary to use this service, as well as telephone charges, LAN usage fees, and application fees incurred in using this service.
9. Users must use the following browsers when using this service. If problems arise, such as incorrect screen display, due to the use of a browser other than the one specified by our company, we will not be held responsible or answer any questions.
   
   Windows: MicrosoftEdge latest version, Mozilla Firefox latest version, Google Chrome latest version
   *If you are using Internet Explorer 11 on Windows 10, some parts of the site may not display correctly. Please use another browser.
   Mac: Latest version of Safari, latest version of Google Chrome
   Smartphone: Latest version of Google Chrome, latest version of Safari
   *Credit card payment systems are not supported on iOS 12 (devices prior to iPhone 6, etc.). Please use a payment method other than credit card.
　

Article 19 Other

1. In principle, contact between the Company and users will be via email address and telephone.
2. If any problem arises in relation to the use of this service that cannot be resolved by these User Terms and Conditions, NIKI GOLF and the user shall negotiate in good faith to resolve the problem.
3. In the event that litigation becomes necessary regarding the use of this service, the Tokyo District Court shall have exclusive jurisdiction over the first instance.
4. If a User is obligated to pay damages due to non-payment of the purchase price or other violation of these Terms and Conditions, and NIKI GOLF employs an attorney to collect the claim, the User shall also be responsible for the attorney's fees pursuant to the attorney's fee regulations.

Supplementary Provisions: Effective May 1, 2004
Last updated on February 11, 2025