Terms & Conditions
Effective March 31, 2008
The following terms and conditions govern your (User) use of 3D Corporation goods and services
SECTION 1 - RESTRICTIONS ON USE
1. 1 Actions that infringe on 3D Corporation or third party copyrights or other rights, or actions that pose a threat to such rights.
1. 2 Actions that infringe upon 3D Corporation 's assets or its privacy, or actions that pose a potential threat to such rights.
1. 3 In addition to numbers (1.1) and (1.2) above, actions that cause loss or damage to a third party or to 3D Corporation, or actions that pose a potential threat of such loss or damage.
1. 4 Transfer of rights stipulated in the Terms to a third party.
1. 5 Actions resulting in the defamation of a third party or 3D Corporation.
1. 6 Actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or actions deemed by 3D Corporation to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.
1. 7 Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.
1. 8 Actions related to the sex industry or religious proselytizing.
1. 9 Utilizing the service as a third party.
1.10 Falsifying or suppressing 3D Corporation or third party information through access of the service.
1.11 Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service, or providing any such programs.
1.12 Actions leading to inconvenience or loss for 3D Corporation or a third party, actions that may interfere with the service, or actions that impede operation of the service.
1.13 Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.
1.14 Actions that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
1.15 Other illegal actions or actions that may potentially lead to illegal actions.
1.16 Other actions deemed inappropriate by 3D Corporation.
SECTION 2 - COPYRIGHTS
2. 1 Users may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.
2. 2 Users may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the service without the permission of the copyright holder.
2. 3 Should any disputes arise due to violation of the rules stipulated in this Clause, the user is responsible, financially and otherwise, for the resolution of such disputes. 3D Corporation will not be held liable in any way, and the user will not cause loss to 3D Corporation.
SECTION 3 - APPLICABLE LAWS
3. 1 The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.
3. 2 The original English document pertaining to these Terms holds legal precedence. No changes in enactment, validity, execution, interpretation, etc. are effective with respect to translation of the document into other languages.
3. 3 Should any disputes between user(s) and PW occur with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion.
3. 4 If the dispute(s) cannot be resolved through discussion between the parties concerned, either the Nagoya District Court or the Nagoya Summary Court holds original, exclusive jurisdiction over the dispute.
SECTION 4 - POINT OF SALE
4. 1 The physical point of sale location at which goods are sold to the user is completed in Nagoya, Japan.
4. 2 The point of sale is determined on the date payment is credited to our bank in Japan.
SECTION 5 - REQUIREMENTS FOR UTILIZING THE SERVICE
5. 1 Users are responsible for obtaining the equipment necessary to utilize this service, including communications equipment, software, relevant Internet services, etc.
SECTION 6 - REQUESTING AN ESTIMATE
6. 1 Users who wish to obtain an estimate for used cars or other items sold through the service can request the estimate via the website, email, telephone, or fax by entering and/or sending the required information (name, address, e-mail address, etc.).
6. 2 Where an estimate is requested according to the procedure described above (6.1), it will be forwarded to the user within two business days by e-mail or other means deemed appropriate by 3D Corporation.
6. 3 Estimates will be forwarded to users as described in number 20. User Notification. Note, however, that this information will not be conveyed in the form of general postings on the Website.
6. 4 Estimates will be sent within two working days, as described in (6.2) above, only for users that complete the required information as stipulated under the rules of the service. Should a user be unable to obtain an estimate due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the user is responsible, both financially and otherwise, for resolving any disputes arising. 3D Corporation will not be held liable in any way, and the user will not cause loss to 3D Corporation.
SECTION 7 - FORWARDING AND SHIPPING
7. 1 Once the contract has been concluded with the user and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the user will be promptly notified of shipping details as described in number 20, User Notification.
SECTION 8 - REFUNDS
8. 1 Refund request shall be accommodated only if the user has a credit balance and if there are no pending units in the account.
8. 2 To protect 3D Corporation from any liability with the implementation of refunds. Funds will only be returned to the original bank account where the money was received.
8. 3 Bank fees incurred on remittances related to refunds as described in (8.1) and (8.2) above are paid by the user therefore the amount the user will receive shall be net of bank charges.
SECTION 9 - TRANSFER OF PROPERTY RIGHTS ON GOODS
9. 1 The timing of transfer of property rights between 3D Corporation and the user is governed by the International Commercial Terms (InCoTerms) set forth by the International Chamber of Commerce (ICC), as noted on the estimate at the time the contract is concluded (see number 13, Conclusion of Contract). Ownership of goods purchased under F.O.B. quote is transferred at the time they have passed the ship's railing at the port of export, while that of goods purchased under the "C" terms (CIF, CFR, and C&I) is transferred when the goods pass the ship's railing at the destination port. In other cases, transfer timing is determined by P 3D Corporation and the transferee based on individual circumstances.
9. 2 Where 3D Corporation and the user agree to conditions other than (9.1) above, their agreement holds precedence.
SECTION 10 - TRANSFER OF RISK
10.1 The ICC's InCoTerms apply to the timing of transfer of risk on goods between 3D Corporation and the user, as noted on the estimate at the time the contract is concluded.
10.2 Where 3D Corporation and the user agree to conditions other than the (10.1) above, their agreement holds precedence.
SECTION 11 - PRODUCT LIABILITY
3D Corporation sales are all based on as-is condition at the time of sale. 3D Corporation bears no liability whatsoever for problems, including failure and/or a 3D Corporation dents, with user purchases of goods where such problems arise from breakdown or defects that are the responsibility of the commodity manufacturer (hereinafter referred to as "the manufacturer"). Further, 3D Corporation holds no liability for damages so incurred by any third parties.
SECTION 12 - DEFECT LIABILITY
12.1 As described in number 9, Transfer of Property Rights on Goods, once property rights have been transferred, 3D Corporation is in no way liable for damages incurred by the user, including defects or failure. Further, 3D Corporation holds no liability for damages so incurred by any third parties.
12.2 3D Corporation and user may agree to conditions other than the above, in which case their agreement holds precedence.
SECTION 13 - CONCLUSION OF CONTRACT
13.1 Users wishing to purchase goods from the 3D Corporation through 3D Corporation 's service should remit the amount indicated in the estimate (described in number 6, Requesting an Estimate) by bank wire transfer, or should remit the funds to a specified account by other means of settlement as stipulated by 3D Corporation in the currency specified by 3D Corporation. 3D Corporation utilizes systems required for proper payment processing, including requiring the user to enter the estimate number on the message line. Users are responsible for all fees incurred when sending funds.
13.2 The contract is concluded where full payment as quoted on the estimate is remitted to 3D Corporation 's specified account by the means described above (13.1), or where payment is made by some other method specified by 3D Corporation, and said payment has been confirmed in full as quoted on the estimate.
13.3 Once payment has been made by the user and confirmed by 3D Corporation, and the user and 3D Corporation both agree to the sale, the user is promptly notified by e-mail, or other means deemed appropriate by 3D Corporation, that the contract has been concluded. Users who have made remittances are assumed to have understood and agreed to the estimate.
13.4 It is the responsibility of the user to research in advance any import regulations in their own country, and to report these to 3D Corporation. Further, the user is responsible for paying all duties and taxes assessed in their country.
13.5 It is the sole responsibility of the user to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (13.4) above, and the user will not hold 3D Corporation liable in any instance whatsoever. Further, the user is liable for any resultant damages incurred by 3D Corporation, as 3D Corporation bears no liability for any such damages.
SECTION 14 - COST BURDEN
14.1 3D Corporation is in no way liable for costs related to failure or a 3D Corporation dents stemming from defects, or defects and/or failures that are the responsibility of the manufacturer, or for other damages incurred by the user or a third party. The user covers the cost burden required to resolve any such issues.
14.2 In the event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of 3D Corporation, 3D Corporation will pay all repair and compensatory costs involved, regardless of the rules stipulated in (14.1) above.
14.3 3D Corporation and user may agree to conditions other than the above, in which case their agreement holds precedence.
SECTION 15 - RETURNS
15.1 Even where the contract has been concluded as described in number 13, Conclusion of Contract (13.2), 3D Corporation reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the user has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the user.
15.2 Exceptions to the above may occur where 3D Corporation is largely responsible.
SECTION 16 - TERMINATION OF CONTRACT
16.1 Even where the contract has been concluded as described in number 13, Conclusion of Contract (13.2), PW reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the user has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the user.
16.2 In instances as described in (16.1) above, any funds remitted or payments made to 3D Corporation will be returned to the user in full. Any bank fees arising as a result are paid by the user, and 3D Corporation pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the user, and 3D Corporation bears no such costs whatsoever.
SECTION 17 - TERMINATION AND SUSPENSION OF SERVICE
17.1 3D Corporation may terminate or suspend operation of the service under the following circumstances:
(a) For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a system failure.
(b) Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.
(c) Where so restricted or ordered by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
(d) Under any other circumstances where 3D Corporation deems temporary suspension necessary to the operation of the service.
(e) 3D Corporation will inform users in advance when operation of the service is to be terminated or suspended as per number 20, User Notification. Note, however, that this may not be possible in emergency situations.
(f) 3D Corporation is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.
SECTION 18 - LOSS COMPENSATION
18.1 Except where otherwise specified in the Terms, 3D Corporation is in no way liable for damages incurred by users or third parties through the provision of/or delays/changes in, suspension, termination, discontinuance, or abolishment of the service, leakage or loss of information provided through registration with the service or other means, or damage otherwise incurred related to the service.
18.2 The above (18.1) will not apply in cases where there is criminal intent or gross negligence on the part of 3D Corporation.
18.3 3D Corporation makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by users through the service.
18.4 3D Corporation makes no guarantees of proper operation of any user equipment or software.
18.5 3D Corporation is in no way liable for any disputes between users and third parties that may arise through use of the service.
18.6 In addition to the above, the user is liable for compensation of any damages incurred by 3D Corporation as a result of his or her violation of the Terms, criminal intent, or gross negligence.
SECTION 19 - TERM CHANGE NOTIFICATION
19.1 The Terms apply to 3D Corporation and to users of the service. Both 3D Corporation and users shall strictly adhere to the Terms in a sincere manner.
19.2 Where changes are made in the Terms, 3D Corporation will notify users of such changes. If users do not indicate that they do not accept changes when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes.
19.3 Where one or more areas contained within these Terms is deemed ineffective or not executable, the remainder deemed effective or executable will remain fully in force. 3D Corporation and/or the user will legitimize the area deemed ineffective or not executable and revise it as necessary in order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned area.
SECTION 20 - USER NOTIFICATION
20.1 Except where otherwise stipulated in the Terms, users are notified by 3D Corporation through e-mail, general postings on the Website, or by other means deemed appropriate by 3D Corporation.
20.2 Where notification as described in (20.1) above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the user's e-mail address.
20.3 Where the notification in (20.1) above is carried out via general postings to the Website, user notification is deemed complete once it has been posted to the Website and users accessing the service can view the posting.
20.4 Once notification as in (20.2) or (20.3) above has been completed, any information contained in said notification is effective immediately.
20.5 Users are under obligation to peruse notification from 3D Corporation made by e-mail without delay. User perusal is defined as the user displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.
SECTION 21 - MAKING CHANGES TO REGISTRATION INFORMATION
21.1 Should changes occur in user information such as name, address, telephone number, and other information provided to 3D Corporation at the time of application, users must report any such changes to P 3D Corporation immediately.
21.2 3D Corporation is not liable for any damages incurred by the user or a third party due to failure to inform 3D Corporation of the changes in user information noted above.
21.3 Where the user neglects to inform 3D Corporation of changes in registered information, the user understands that after notification has been sent and/or posted, 3D Corporation will deem any notification to have been received by the user at the time it is supposed to be received, even if said notification returns to 3D Corporation as undeliverable, as the notification will be sent as indicated in the information previously provided to 3D Corporation by the user.
SECTION 22 - SAFEGUARDING USER INFORMATION
22.1 3D Corporation will not dispose of or disclose information provided to 3D Corporation by the user in requesting an estimate, as described in number 6, Requesting an Estimate, or information that becomes known to 3D Corporation through the process of the user utilizing the service, except under the following circumstances.
(a) Where the user agrees to disclose limited personal information (user name, address, telephone number, e-mail address, etc.).
(b) Where 3D Corporation discloses statistics collected on personal information (the type of information where individual users are not specified) for the purpose of assessing trends in the use of the service.
(c) Where disclosure is required by law.