“?” Terms of Use

These are the Terms of Use (“Terms”) that apply to use of the “?” service (“Service”) operated by afumi inc. (“Afumi”).

I.General Provisions

Article 1. Applicability

  1. 1. These Terms apply to all aspects of the relationship between the users of the Service (each, a “User”) and Afumi in relation to the use of the Service (this includes browsing the Service website, as well acquiring and using any NFT, i.e. non-fungible token, that Afumi provides as a supplementary item to goods purchased through the Service; the same applies hereinafter).
  2. 2. Afumi may, apart from these Terms, establish other terms or guidelines, etc. (“Individual Terms”) that prescribe rules, etc. for the use of the Service and/or specific services that are provided in conjunction with the Service (collectively, “Services, etc.”). These Terms and the Individual Terms are collectively referred to as the “Terms, etc.”.
  3. 3. In the event of any inconsistency the provisions of these Terms and those of any Individual Terms, the Individual Terms shall take precedence and apply, unless otherwise provided in the Individual Terms.
  4. 4. The official text of these Terms, etc. is in Japanese. In cases where an English translation is made, it shall be for reference purposes only. In the event of any dispute concerning the construction or meaning of these Terms, etc., reference shall be made only to these Terms, etc. as written in Japanese and not to the English translation.

II.Purchase of Goods

Article 2. Sales Agreement

  1. 1. When purchasing goods (this includes all bonuses/special rewards and NFTs, etc. associated with said goods; the same applies hereinafter) using the Services, etc., User must input or register the required information. User must input correct information, ensuring that there are no errors in the input or registered information. Afumi shall have no liability whatsoever for any damages or disadvantages to User resulting from errors in the information.
  2. 2. User can apply to purchase goods through the Service. User’s purchase applications are to be received via internet connection at a server used by Afumi and recorded in a system used by Afumi. A sales agreement between Afumi and User shall be deemed formed at the time Afumi sends an email to User indicating that the goods have been shipped. Except in cases where Afumi is at fault, Afumi shall have no liability whatsoever for any damages or disadvantages to User resulting from User’s purchase application not being recorded in Afumi’s system.
  3. 3. Afumi may, at its discretion, impose limits on the quantity of purchases per person, per household, or per order, and may reject all or part of purchase applications that exceed such limits or cancel all or part of sales agreements that were entered into in excess of such limits.
  4. 4. If User is a minor, they must have obtained the consent of their parent (or other person legally responsible for the User) before making a purchase application.

Article 3. Payment Methods

  1. 1. User shall prepay the purchase price of the goods and shipping fees by credit card payment or other payment method designated by Afumi.
  2. 2. User shall bear the transaction fees.

Article 4. Delivery of Goods

  1. 1. After confirming the payment of the purchase price and shipping fees, Afumi will send the goods to the address provided by User. Transport of the goods will be entrusted to, and carried out by, a delivery company appointed by Afumi.
  2. 2. Ownership of the purchased goods and risk of loss or damage, etc. shall transfer to User upon delivery of the goods to User at the designated address by the delivery company appointed by Afumi. However, in the case of purchase via credit card, the transfer of ownership shall be subject to the credit card membership agreement.

Article 5. Termination, Returns, and Exchanges

  1. 1. After entry into sales agreement based on Article 2, Paragraph 2 hereof, User is not permitted to terminate, return, or exchange, at its convenience; except, however, in cases where the goods have defects, the delivered goods differ in content or quantity from the goods ordered by User, or when specifically permitted by Afumi or applicable laws and regulations. However, in the following cases, returns are not permitted under any circumstances:
    1. (1) If eight (8) days have passed since arrival of the goods.
    2. (2) If goods, tags, packaging, etc., are lost, damaged, or stained, etc. through no fault of Afumi or the delivery company.
    3. (3) If Afumi determines that the return is unjustified, such as, for example, in the case where the purchase was made with the intention of returning the goods.
  2. 2. Notwithstanding the provisions of the preceding paragraph, Afumi may terminate a sales agreement without prior notice to User in any of the following cases. In such cases, Afumi shall have no liability whatsoever for any damages or disadvantages to User or third parties as a result of the termination.
    1. (1) If the delivery of the goods cannot be completed due to reasons such as an unknown recipient or prolonged absence or, through no fault of Afumi, it is otherwise not possible to deliver the goods.
    2. (2) If User fails to pay the price of the goods within the specified period designated by Afumi.
    3. (3) If Afumi determines that the purpose, content, method, etc., of the application is inappropriate.
    4. (4) If Afumi determines that any provision of Article 13 hereof applies or is likely to apply.

Article 6. Special Provisions

Notwithstanding the provisions of Article 2 through to the preceding Article hereof, if special provisions are stipulated at the time of purchasing the goods, User shall comply with those special provisions.

III.Acquisition of NFTs

Article 7. Acquisition of NFT

  1. 1. If User wishes to acquire an NFT (“NFT”) provided by Afumi as a supplementary item to goods purchased under the Articles set forth above, User must prepare its own MetaMask or other cryptocurrency management wallet at its own expense and responsibility.
  2. 2. User under the preceding paragraph shall manage all information related to its wallet’s private key or seed phrase and any other information used to hold the NFT (“Wallet Information, etc.”) at its own expense and responsibility, and shall take the necessary measures to prevent unauthorized use by third parties. The said User shall be fully responsible and liable for any actions taken by itself or third parties using its Wallet Information, etc.

Article 8. License to Use, etc.

User who has acquired an NFT will, thereby, have a non-exclusive, non-transferable (except as provided in the next Article), and royalty-free license solely to display the art, graphics, illustrations, images, icons, designs, or logos, etc., that are linked to the NFT, and it does not obtain ownership rights or any intellectual property rights, including copyright, in these.

Article 9. Transfer

User who has acquired an NFT may transfer it and the associated rights of use to a third party (“Transferee”) only when transferring it together with the goods to which the NFT is a supplementary item, and User shall that ensure that Transferee agrees to and complies with the Terms, etc. User who has transferred an NFT shall forfeit the rights acquired with respect thereto under the preceding Article hereof.

Article 10. Disclaimer

  1. 1. Afumi shall have no liability whatsoever with respect to the economic value of the NFT, tax treatment related to the acquisition and transfer of the NFT, contractual relationships and disputes, etc. arising from the transfer specified in the preceding Article, or any other matters. User shall resolve such matters at its own expense and responsibility.
  2. 2. Afumi does not make any warranties or guarantees regarding the integrity or continuity of the blockchain technology of the NFT. Afumi shall have no liability for any restrictions on User’s usage rights concerning the NFT due to defects in the blockchain technology.
  3. 3. Regarding the services related to the wallets and NFT marketplaces used by User, in the event of interruption or system failure, the resolution thereof shall be based on the terms of use, etc. of the respective service. Afumi shall have no liability whatsoever for any damages incurred by Users or third parties in such cases.

IV.Miscellaneous

Article 11. Outsourcing

Afumi may outsource administrative tasks, etc. related to the provision of the Services, etc. to third parties deemed appropriate by Afumi.

Article 12. Intellectual Property Rights

All copyright, trademarks, and other intellectual property rights in the images, videos, music, text, logos, and other content (“Content”) posted on the website of the Service or provided in connection with the Services, etc. belong to Afumi (or its licensors, where applicable). User is not permitted to reproduce, reprint, modify, or engage in any other unauthorized secondary use of the Content.

Article 13. Prohibited Conduct

User shall not do any of the following in using the Services, etc.:

  1. 1. Breach these Terms, laws or regulations, etc.;
  2. 2. Purchase for the purpose of obtaining resale profit;
  3. 3. Harm public order or morals;
  4. 4. Infringe the rights of Afumi or a third party, defame or damage the reputation and credibility of Afumi or a third party, or otherwise interfere with Afumi’s business operations;
  5. 5. Interfere with Afumi’s servers or network systems:
  6. 6. Use the Services, etc. for advertising or promotional activities, etc.;
  7. 7. Impersonate a third party;
  8. 8. Make a purchase application without the intention to complete the transaction, and purchase goods without the financial capacity to pay; or
  9. 9. Engage in any other conduct that Afumi reasonably determines is inappropriate in the use of the Services, etc.

Article 14. Environment for Using the Services, etc.

User shall use the Services, etc. at its own judgment, responsibility, and expense. In using the Services, etc., User shall be responsible for preparing the necessary communication environment and terminal devices at its own expense, and Afumi shall have no liability for any matters arising therefrom.

Article 15 (Suspension or Discontinuance of the Service, etc.)

  1. 1. Afumi may suspend or discontinue, temporarily or permanently, all or part of the Services, etc. without prior notice to User in any of the following cases:
    1. (1) When performing maintenance or updates on computer systems related to the Services, etc.
    2. (2) When the provision of the Services, etc. becomes difficult due to computer or communication line, etc. damage, malfunction, excessive concentration of access, unauthorized access, hacking, etc.
    3. (3) When the provision of the Services, etc. becomes difficult due to force majeure event such as earthquake, lightning, fire, flood, power outage, or natural disaster, etc.
    4. (4) When Afumi determines that it is necessary to conduct investigations based on laws or regulations, internal company rules, etc.
    5. (5) When mandatory measures are taken based on order of a court, or laws or regulations.
    6. (6) When Afumi reasonably determines that the provision of the Services, etc. is difficult for any other reason.
  2. 2. Afumi shall have no liability whatsoever for any disadvantages or damages incurred by User or third parties due to the suspension or discontinuance of the Services. etc., regardless of the basis or theory of liability.

Article 16. Disclaimer and Limitation of Liability

  1. 1. Afumi does not make any representations or warranties as to the absence of any defects in the Services, etc., whether factual or legal (including defects in safety, reliability, accuracy, completeness, effectiveness, suitability for specific purposes, security, etc., or such as errors, bugs, and infringement of rights, etc.).
  2. 2. Afumi’s liability to User shall be limited to actual and ordinary damage directly incurred by User due to Afumi’s negligence (except in cases of gross negligence), regardless of any basis for liability for breach of obligation, tort, or other legal cause of action. Furthermore, the maximum amount of any such compensation shall be limited to the lower of the total amount of money received by Afumi from User for the period of six (6) months through this Service, etc., or 500,000 Yen.
  3. 3. Afumi shall have no liability for any damages caused by the content of third-party websites linked from the Service’s website or the use of such linked sites (“Linked Sites”). While linking to the Service’s website is generally permitted, Afumi may refuse linking in cases where the content of the Linked Site (e.g. it violates of public order and morality) or the linking method is deemed inappropriate, regardless of whether the refusal is before or after the linking is implemented.

Article 17. Exclusion of Anti-Social Forces

  1. 1. User represents, warrants, and covenants the following to Afumi:
    1. (1) Neither User nor its officers (including directors, executive officers, auditors, or persons in equivalent positions) or employees are currently, or will be in the future, any of the following: an organized crime group, a member of an organized crime group, a person for whom five years has not passed since ceasing to be a member of an organized crime group, an associate member of an organized crime group, a company, etc. related to an organized crime group, or an individual, group, or member of a group engaged in anti-social activities such as violence, threats, or fraud, etc. (“Anti-Social Forces, etc.”); and that said persons do not, and will not fall under any of the following categories in the future:
      1. i. a person having a relationship through which its management may be regarded as under the control of Anti-Social Forces, etc.;
      2. ii. a person having a relationship through which it may be regarded that Anti-Social Forces, etc. are substantially participating in its management;
      3. iii. a person having a through which it may be regarded as inappropriately using Anti-Social Forces, etc.;
      4. iv. a person having a through which it may be regarded as participating in Antisocial Forces through such means as providing funds, etc. or convenience to Antisocial Forces; or
      5. v. a person having a relationship with Anti-Social Forces, etc. that is deserving of social criticism.
    2. (2) User shall not, itself or through a third party, do any of the following:
      1. i. make a demand with violence;
      2. ii. make an unjustified demand exceeding legal responsibility;
      3. iii. use threatening speech or behavior, or violence, in relation to a transaction;
      4. iv. damage the credibility or interfere with the business of Afumi or any other entity by spreading false information, using fraud or force; or
      5. v. any other act similar to the preceding items.
  2. 2. In the event that User breaches the preceding paragraph, Afumi may terminate these Terms in their entirety with immediate effect without giving any notice or going through any other procedures. In this case, Afumi shall not be liable to compensate for any damages incurred by User as a result of such termination.

Article 18. Payment of Public Dues and Taxes

User shall be responsible for paying any public dues and taxes imposed on it in connection with the purchase, possession, use, or transfer of the products, in its own judgment and at its own expense.

Article 19. Handling of Personal Information

Afumi will handle personal information that it obtains via the use of the Services, etc. appropriately in accordance with its separately specified privacy policy.

Article 20. Prohibition on Assignment by User

User shall not transfer, lend, or provide as collateral, its status or rights as User without obtaining the consent of Afumi.

Article 21. Notices and Communication

Afumi will assume that the email address, address, telephone number, and other contact information provided by User is valid. In the event that Afumi sends a notice in accordance with the contact information, it shall be deemed to have reached User at the usual time of delivery, even if there is a delay or failure to reach User due to communication conditions, inaccuracy in or failure to update the provided information, or other reason not attributable to Afumi.

Article 22. Amendment and Termination

  1. 1. Afumi may, at its discretion, amend or terminate all or part of the Services, etc., at any time (including changes in product prices).
  2. 2. Afumi may amend the Terms, etc. without the individual agreement of User if the amendment is in the general interest of the Users or if the amendment is reasonable in light of the circumstances relating to the amendment and does not contradict the purpose of these Terms, etc.

Article 23. Severability

Even if any provision or part of the Terms, etc. is deemed illegal, invalid, or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions and the remaining part of the provision shall continue to be fully effective

Article 24. Governing Law and Jurisdiction

  1. 1. The formation, validity, performance, and interpretation of the Terms, etc., and contracts based on the Terms, etc., shall be governed by the laws of Japan. The provisions of United Nations Convention on Contracts for the International Sale of Goods are hereby excluded and shall not apply with respect to the Services, etc.
  2. 2. In the event of a dispute between User and Afumi regarding the Terms, etc., the Tokyo District Court shall have agreed exclusive jurisdiction as the court of first instance.
Japanese