Rules regarding STAR BUYERS AUCTION Quotation Lists
This “Rules regarding STAR BUYERS AUCTION Quotation Lists (hereinafter referred to as the “Rules”)” set forth the service (hereinafter referred to as the “Service”) that provides access to quotation lists (hereinafter referred to as the “Quotation Lists”) that publishes the hammer price at “STAR BUYERS AUCTION” (hereinafter referred to as the “Auction”) held by Valuence Japan Inc. (hereinafter referred to as the “Company”). Members who have completed registration for use of the Service (hereinafter referred to as the “Members”) may use the Service in accordance with the Rules.
Article 1. (Provision of the Service)
- The Service is a service exclusive to Auction members. Pursuant to the Rules, the Company will provide the Service to the Auction members that seek to use the Service. The Rules provide necessary procedures for the purpose of smooth operation of the Service, and shall be applicable to any and all agreements between the Company and the Members relating to use of the Service (hereinafter referred to as the “Service Contracts”).
- The Company will deem the applicant that desires to register for the Service to have consented to the contents of the Rules at the time of application.
Article 2. (Change of the Terms of Service)
- The Company may change the Rules without prior announcement. However, when the Company judges that a change of the Rules will be a significant disadvantage to Members, the Company shall change the Rules by notifying Members of the contents of the Rules after the change with a reasonable period in advance. The most current Rules shall be applicable to Members at all times, and the contents shall be provided or announced to Members by the method judged appropriate by the Company, such as posting the contents on the website of the Company.
- The latest Rules shall be posted on the website of the Company, and shall come into effect as of the time of the relevant posting.
Article 3. (Details of the Service)
- The Company shall provide the Service detailed as follows
- Service to provide access to the Quotation Lists of the Auction The Quotation Lists will be posted on the Auction Members’ special site. Members may access the Quotation Lists by logging into the Auction Members’ special site using its ID and password registered in advance. The Quotation Lists that may be accessed by use of the Service are limited to those posted on the special site at the time of use, and the Company shall not grant Members any right to request disclosure of quotation information of a specific time, for a specific goods or otherwise; and
- Other service incidental to the use of the Quotation Lists.
- The Service provides access to the Quotation Lists specifying the hammer price of goods at the Auction, and does not provide the past, present or future actual selling or purchasing price of goods, and the Company makes no guarantee etc. to the price of goods through the provision of the Service.
- The Company may change the contents of the Service in accordance with the improvement of its service, advancement in communications technologies, changes in the economic environment and other circumstances, and Members agree in advance that all or a part of the Service may become unavailable in such event and that it may not make any demand whatsoever under any pretext to Company.
- Advance registration is required to use the Quotation Lists.
- Registration to use the Quotation Lists is completed when a person that desires to use the Service applies for such use by the method designated by the Company and the Company approves such application. The Service Contract will come into effect upon completion of the registration of use.
- If the Company determines that the person that applies for the registration of use falls under any of the following, the Company may reject such application and shall have no obligation to disclose the reason of such rejection:
- If such application is made by a person that is not a member of the Auction;
- If fraudulent matters are registered at the time of application for registration;
- If the application for registration is incomplete;
- If such application is made by a person that has violated the Rules in the past; or
- If the Company otherwise determines that it is not appropriate.
Article 5. (Responsibility)
- Except as provided in the Rules, the Company shall assume no liability for the provision of the Service.
- Members shall use the Service at their own responsibility, and shall agree to assume liability for damage incurred by themselves or any third parties due to use of the Service.
- Members shall not disclose, lend, or share with a third party authentication information and shall manage the same strictly (including change of passwords as needed) so that it is not divulged to a third party.
- When any damage is incurred by a Member or other parties due to insufficient management or errors in use of authentication information by a Member, use by a third party of authentication information or other similar acts, the Company shall assume no liability.
- When a third party uses the Service via the authentication information of a Member, the relevant action shall be deemed to be use by the Member himself/herself, and the Member shall pay service fees for such use as well as bear any and all other obligations. In addition, if any damage is incurred by the Company due to the relevant action, the Member shall compensate for the relevant damage
- In order to ensure security in the use of the Auction by the Members, the Company shall not respond to requests for confirmation or reissuing of authentication information by phone in any event, even including cases of emergency. If confirmation or reissuing of authentication information is necessary due to loss, etc., Members shall make a request therefor by the method separately provided by the Company.
Article 6. (Management of the Service)
- The Company may outsource to a third party all or part of the operations that will be necessary in relation to operate the Service for Members. In such instance, the Company shall manage the relevant outsourcee properly, as well as cause the relevant outsourcee to assume obligations of the same degree as the obligations of the Company provided in the Rules.
- Non-Members may not use the Service. The same shall apply even to contractors, etc. that conclude agreements with Members.
Article 7. (Service Fees)
The Company will not refund any paid service fees for any reason.
- Japanese members : 11,000 yen per month (including tax).
- Other members of the above : 10,000yen per month (tax free).
Article 8. (Payment Method)
- Service fees for the Service shall be paid in advance. Members shall pay the service fees for the following month by the designated date of the previous month.
- Service fees for the Service will be charged each month by the prescribed method at the time of the billing for successfully bid products of the first Auction held every month. If no goods are purchased by successful bid at such Auction, only the service fees for the Service for such month will be invoiced.
- In regard to the previous clause, service fees shall be paid to the Company’s designated bank account within three (3) business days from the invoice date of such fees from the Company.
- Notwithstanding the provisions of the preceding three articles, at the time of initial registration of the Service, Members shall collectively pay the service fees for the current month and the following month in accordance with the invoice separately provided by the Company. Full one-month payment shall be made even if such use commences from the middle of a month.
- The Service will continue, effectively, on a monthly basis until the Member terminates the Service or the account or service is otherwise suspended or discontinued in accordance with the Terms of Service.
Article 9. (Prohibitions)
Members must not commit the following acts when using the Service:
- Acts against laws and regulations or public order and morals;
- Acts related to criminal acts;
- Acts such as granting sub-permission to a third party;
- Acts that assist a third party other than Members to use the Service such as by lending its account etc. to a third party;
- Acts that disclose or divulge information obtained through the use of the Service to a third party without obtaining the Company’s permission;
- Destruction of or interference with servers or networks of the Company;
- Acts that may possibly interfere in the operation of the Service of the Company;
- Collecting or accumulating personal information, etc. on other Members;
- Impersonation of other Members;
- Acts that will or may infringe the rights of the Company or a third party;
- Acts that provide benefits to Anti-social Forces, etc. directly or indirectly in relation to the Service of the Company; and
- Any other act judged inappropriate by the Company.
Article 10. (Termination of Membership)
The Company may terminate the membership of any Member if any of the following occurs:
- The Member conducts any act likely to violate the Rules;
- The Company determines that the Member’s act is likely to interfere with the operation of the Service;
- The Member conducts any act that violate or is likely to violate any rules that sets forth the use of the Auction;
- Payment of service fees is not confirmed by the payment due date; or
- The Company determines that the Member’s use of the Service is otherwise inappropriate.
Article 11. (Cancellation by Members)
- Members may cancel the Member Agreement by contacting the Company on or before the 1st day of the month preceding the scheduled cancellation month without retroactive effect. Even after applying for cancellation, Members may use the Quotation Lists until and including the last day of the scheduled cancellation month.
- When a Member is to cancel the Member Agreement as referred to in the preceding paragraph, the Member shall notify the Company of cancellation by the method separately provided by the Company.
Article 12. (Cancellation by the Company)
- The Company may cancel the Member Agreement at any time by notifying the Member no later than thirty (30) days in advance of the desired cancellation date.
- When the Company judges that any of the following items is applicable to a Member, the Company may cancel all or part of the Member Agreement without advance notice or formal demand to the Member:
- When the Member ceases to fulfill the conditions of use of the Service such as by losing its Membership of the Auction;
- When the Member breaches the Rules and it is reasonably judged that there is no possibility of improvement, or even though the Company makes a formal demand for remedy or performance designating a reasonable period, the Member fails to remedy or perform within the relevant period;
- When it is discovered that the registered information of the Member contains details that are untrue;
- When the Member is subject to petition for attachment, provisional attachment or auction, or delinquency disposition for taxes and dues;
- When the Member is subject to a petition for bankruptcy, commencement of corporate reorganization proceedings, or civil rehabilitation proceedings;
- When there is significant concern over the credit status of the Member;
- When the Member is subject to a disposition of cancellation or suspension of business license by a supervising agency;
- When the Member adopts a resolution for dissolution, capital decrease, assignment of all or a material part of the business, etc.;
- When notice to the Member fails to arrive, or is returned to the Company, or when it becomes impossible for the Company to have contact with the Member;
- When there is no record of use of the Auction by the Member for one year;
- When there is an act that will or may interfere in the management of the Service and the Auction, at the judgment of the Company;
- When the Member fails to pay the service fees despite the Company’s demand for payment;
- When the Member is, or is a cohabitant with, or formerly was, an Anti-social Force (organized crime group, member of an organized crime group, associate member of an organized crime group, company related to an organized crime group, corporate racketeer (sokaiya), rogue acting in the name of a social movement (shakai undo hyobo goro), rogue acting in the name of political activity (seiji katsudo hyobo goro), special intelligence violent group and parties similar to the above; the same shall apply hereinafter);
- When the Member himself/herself commits or causes a third party to commit the following acts against the Company:
- Illegal or unreasonable improper demands;
- Violent acts including acts of intimidation, not limited to exercise of tangible power
- Acts of insistently coercing transactions, such as purchase of information magazines, etc.;
- Making demands to the Company by masquerading with the attributes of victim groups and the like; or
- Any other facts prohibited under the Act on Prevention of Unjust Acts by Organized Crime Group Members.
- When the Member notifies the Company of the fact that the Member is an Anti-social Force, or a related party thereof, or in similar cases; or
- When any event occurs by which it becomes difficult to perform the Member Agreement.
- If the Member has any obligation payable to the Company such as unpaid service fees as of the time of cancellation of the Member Agreement pursuant to the preceding two paragraphs, the Member shall forfeit the benefit of term immediately for the relevant obligations.
Article 13. (Governing Law and Jurisdiction)
- The Rules shall be governed by and construed in accordance with the laws of Japan.
- Any lawsuits in relation to the Rules shall be subject to the exclusive jurisdiction of Tokyo District Court or Tokyo Summary Court as the court of first instance.
Article 14. (Handling of Personal Information)
- The Company may provide personal information acquired from Members to outsourcees to the extent necessary for provision of the Auction. In such instance, the Company shall select the outsourcee that satisfies the personal information protection standards of the Company, and check on the relevant outsourcee regularly by survey, etc.
Article 15. (Severability)
For matters not provided in the Rules, the general principles of the laws and regulations shall be applicable. Even if any of the Rules is invalid, there will be no effect on the validity of the Rules overall, and the relevant invalidated provisions shall be replaced with valid provisions that have the closest tenor to the relevant part.
Article 16. (Language)
The Japanese language version of the Rules is the authentic copy, and the English translation version is for convenience of reference only and shall not in any way bind the parties hereto.
The Rules are established on July 1st, 2021 and will come into effect on such day.