Fswa-Net and Fswa-system Terms of Use
Article 1 (Definitions and Purpose)
This Fswa-Net and Fswa-system Terms of Use (hereinafter referred to as the “Terms”) defines necessary matters such as membership and terms of use of Fswa-Net and Fswa-system (hereinafter referred to as the “System”) provided by Funeral service workers academy, Inc. (hereinafter referred to as the “First Party”), which is provided by Fswa-Net and Fswa-system (hereinafter referred to as the “System”).
Article 2 (Use of the System)
1. any individual or corporation wishing to use the System (hereinafter referred to as “Prospective User”) shall agree to the Terms and Conditions and apply for use of the System by registering the necessary information. The System may be used only by those members who have been approved by KT as meeting the membership qualifications stipulated in Article 3 (hereinafter referred to as “Member”). 2.
The use of the System shall be available from the date the Member is approved for membership in accordance with the preceding paragraph. 2.
Article 3 (Membership Eligibility)
The membership qualifications for this system are as follows, and all of these requirements must be met in order to start using this system.
(1) Agree to the Terms and Conditions.
(2) Not to fall under the category of antisocial forces as stipulated in the Special Provisions for Exclusion of Antisocial Forces.
(3) Membership qualification has been approved through a separate screening procedure determined by Kou (4) The applicant has not been expelled in the past in accordance with Article 18 (Expulsion) of this Agreement. Kou may re-approve the membership after the cause of expulsion has been remedied and reviewed by Kou.
Article 4 (Application Procedures)
1. A prospective user shall make the necessary registration on the Internet.
2. The prospective user acknowledges in advance that even if he/she has completed the application procedures stipulated in the preceding paragraph, he/she may be denied access to the system in light of his/her membership status as described in the preceding article, and in such a case, he/she shall not raise any objections.
Article 5 (Inheritance and Transfer of Membership)
Membership in the System may not be transferred or inherited by any other corporation or individual. However, with the prior written consent of Kou, this provision shall not apply.
Article 6 (Assignment of ID)
Kou shall grant an ID (hereinafter referred to as “ID”) to the Member for use of the system. 2.
2. The Member shall not share the ID granted by Kou with any third party, regardless of whether or not the Member is a Member. 3.
3. Members shall not transfer, disclose, or divulge their ID to any third party, or allow any third party to use their ID.
4. Members shall use and manage their IDs with the care of a good manager.
5. If a member is unable to use his/her ID due to unavoidable circumstances, the member may obtain permission from Kou to have his/her ID reissued.
Article 7 (Monthly Fees)
1. The Member shall bear the monthly usage fee as described in the Exhibit attached hereto (hereinafter referred to as “Monthly Usage Fee”) as compensation for using the System.
2. The Member shall pay the Monthly Fee by direct debit, credit card, or payment at a convenience store. 3.
3. The monthly fee paid shall not be refunded for any reason whatsoever.
Translated with DeepL.com (free version)
Article 8 (Commission)
1. Members shall pay the prescribed commission fee (hereinafter referred to as “commission fee”) to Kou when a general user or a vendor uses this system, regardless of whether or not the project is concluded or sales are made.
2. The Member shall pay the Commission Fee stipulated in the preceding paragraph by direct debit, credit card payment, or payment at a convenience store. The payment of the fee shall be made by the last day of the month following the month in which the actual results for the current month are received.
Article 9 (Change of Monthly Fees, etc.)
1. Kou may change the monthly fees, commissions, and other costs to be borne by the member under this agreement to a reasonable extent if Kou deems it necessary due to significant changes in economic conditions, expansion of the system, or other reasons.
Kou shall notify the member at least one month prior to changing or setting the fees as stipulated in the preceding paragraph.
Article 10 (Burden of Actual Expenses)
Members shall bear their own communication and other expenses as necessary when using the system.
Article 11 (Changes to the System, etc.)
KT may modify, terminate, or add to the System (hereinafter referred to as “modification of the System”). 2.
Kou shall notify Members of any changes to the System in the form and manner specified by Kou in Article 22 (Method of Notification) of this Agreement. 3.
Members may not object to any changes made by Kou.
Article 12 (Procedures for Changing Notification Details)
1. If there is any change in the information registered at the time of application, the Member shall promptly follow the procedures specified by Kou. 2.
Kou shall send written notice to the Member at the Member's latest address, and the notice shall be deemed to have reached the Member after 5 business days have elapsed from the date of posting. Kou shall not be liable for any failure to deliver the notice due to delay in notifying the member of the change.
Article 13 (Related Equipment, etc.)
The Member shall install by him/herself communication lines, terminal equipment, software, etc. (hereinafter referred to as “Related Equipment, etc.”) that are necessary to use the System and that Kou confirms to be suitable for the purpose. The Member shall bear all costs for the installation and construction of such equipment. The Member shall notify the LICENSEE of the related equipment, installation location, and other matters necessary for the use of the System prior to the start of use of the System, and shall promptly notify the LICENSEE of any changes to these matters and obtain confirmation of each of them from the LICENSEE. KT shall not be liable for any damage caused by delay in notification from the Member. 2.
Any costs incurred in connection with changes in the type of related equipment, installation location, or other matters necessary for the use of this system shall be borne by the Member.
Article 14 (Security)
1. Members shall take all necessary and appropriate measures to ensure the security of software, hardware, data, etc. generally required to prevent unauthorized access and loss or damage of information.
2. Members shall take appropriate measures to prevent theft or loss of terminals used to use the System.
3. Members shall, at their own responsibility and expense, install and keep up-to-date virus-checking and virus-removal software to prevent infection by computer viruses, and conduct periodic inspections.
Translated with DeepL.com (free version)
Article 15 (Establishment or Revision of Terms and Conditions, etc.)
Kou may newly establish or revise the Terms and Conditions, other regulations, or detailed rules, etc. (hereinafter collectively referred to as the “Terms and Conditions, etc.”) regarding the use, provision, etc. of this system. Kou shall notify members at least one month in advance when establishing or revising the Terms, etc. The effect of the established or revised Terms, etc. shall extend to all members.
Article 16 (Prohibited acts)
Members shall not engage in any of the following acts
(1) Slander or defame other members, Kou, Kou's partner companies, or other third parties.
(2) Disturbing the proper operation or order of the system
(3) Induce a third party other than the Member to use the System, such as lending a name to a third party.
(4) Infringement of intellectual property rights, such as copyrights, or other rights held by Kou.
(5) Solicitation of any kind to members of this system, regardless of content or reason.
(6) Violation of laws and regulations
(7) Any other acts that Kou deems inappropriate for a member.
Article 17 (Suspension of membership)
Kou may warn or suspend the membership of any member who falls under any of the following items
(1) The member loses membership as stipulated in Article 3 (Membership) of the Terms of Use.
(2) When a member violates the terms and conditions established in relation to this system
(3) When a member commits any of the acts prohibited in each item of Article 16 (Prohibited Matters) of this Agreement
(4) When payment is not made by the due date for monthly fees, commissions, or other expenses as specified in Articles 7 and 8 of this Agreement.
(5) When the LICENSEE violates laws and regulations.
2. even if Kou executes suspension of membership in accordance with the preceding paragraph, Kou may lift the suspension of membership if the reasons for suspension are corrected.
Article 18 (Expulsion)
Kou may expel a member if the member falls under any of the following items
(1) When there is a false declaration at the time of the admission procedure.
(2) If it is found that the member has been expelled by Kou in the past (3) If the member commits any of the acts prohibited in Article 16 (Prohibited Matters) of the Terms and Conditions and the manner of such acts is extremely malicious
(4) When a member violates the Terms or fails to fulfill his/her obligations, and the member does not correct the violation or fulfill his/her obligations within a reasonable period of time even after a demand for correction or fulfillment.
(5) When Kou judges that normal provision of this system is difficult due to reasons attributable to the member
(6) When it is found that the Member has violated the representations or pledges stipulated in the special provisions for the exclusion of antisocial forces. 2.
Even if a member is expelled in accordance with the preceding paragraph, Kou may re-qualify the member for membership if the reason for expulsion has been corrected.
Article 19 (Withdrawal from membership)
If a member wishes to withdraw from membership, the member shall submit a request in the manner prescribed by Kou at least one month prior to the desired date of withdrawal.
Article 20 (Loss of membership)
A member will forfeit his/her membership and any rights as a member if any of the following occurs
(1) When a member is expelled in accordance with Article 18 (Expulsion) of this Agreement.
(2) When the membership withdrawal procedure stipulated in Article 19 (Membership Withdrawal) of this Agreement has been completed
(3) When the affiliation agreement is terminated for any reason
(4) In the case of an individual member, when the individual member dies or is declared missing
(5) When a corporate member dissolves or ceases to operate as a corporate member
(6) When a member is subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or other disposition by public authority; when a member files a petition for commencement of corporate reorganization proceedings, civil rehabilitation proceedings, bankruptcy, or auction; or when a member files for commencement of corporate reorganization proceedings, civil rehabilitation proceedings, or bankruptcy by itself
(7) If the Company transfers all or a significant part of its business to a third party, or has a third party succeed to it.
Article 21 (Actions to be taken after loss of membership)
1. if a member loses membership for any reason, the member must immediately return the membership card to Kou. 2. if a member owes any debt to Kou at the time of loss of membership for any reason, the member must immediately settle the debt.
Article 22 (Method of Notification)
Notification to members in relation to this system shall, in principle, be made in writing in PDF format and sent by e-mail or uploaded to the members-only page.
Article 23 (Compensation for Damages)
1. In the event that a claim is made or a lawsuit is filed by a customer or a third party against a member for damages caused by the member's use of the system, the member shall handle such claim or lawsuit at his/her own responsibility and expense. 2.
Kou shall not be liable for any damages incurred by a Member in connection with the use of the System beyond the total amount of monthly fees, commissions, and other expenses paid by the Member to Kou, regardless of any default liability, tort liability, or other legal liability.
Article 24 (Disclaimer)
Kou's liability to the Member shall be limited to the total amount stipulated in Article 23 (Compensation for Damages) of this Agreement, and in no event shall Kou be liable to the Member for any damages beyond the amount stipulated in Article 23.
Kou shall not be liable for any loss of profit, loss of data, property damage, credit damage, or any other damage incurred by the Member in connection with the use of this system for any reason whatsoever. 3.
Kou shall not be liable to the Member for any consequences arising from the Member's use of the System or any actions taken using the System, regardless of the reason. 3.
3. Kou shall not be liable for any consequential damages, incidental damages, lost profits, or any other indirect damages, regardless of whether they were foreseen or foreseeable, to the Member or any third party in connection with this system.
Article 25 (Intellectual Property Rights)
1. any and all items or information (including but not limited to this agreement, handling manuals, website, e-mail newsletters, seminar contents, etc.) provided by Kou to its members in this system shall be protected by intellectual property rights (hereinafter referred to as “copyrighted works”). All intellectual property rights, including copyrights, patent rights, trademark rights, know-how, etc., related to any and all goods or information (including, but not limited to, this Agreement, handling manuals, website, e-mail magazines, seminar content, etc.; hereinafter referred to as “Works”) provided to Members through the System belong to KT or the original rights holder who has authorized KT to use them.
The Member shall not use the Works for any purpose other than the use of the System without the prior written consent of KT, and shall not reprint or publish the Works in any other media or engage in any other similar activities.
Article 26 (Supplementary Provisions)
1. In the event of litigation between the First Party and a Member, the district court having jurisdiction over the location of the First Party's head office shall be the court of exclusive jurisdiction of the first instance.
2. The Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. 3.
3. In the event that any matter is not stated in this agreement or any question arises regarding any of the items stated in this agreement, Kou shall resolve the matter upon consultation with the member in good faith. 4.
The statutory consumption tax rate shall be applied to payments related to the System, and the consumption tax shall be added. If the consumption tax rate is revised, the revised consumption tax rate shall apply.
KT does not guarantee that it will establish, solve, or provide solutions to any problems or issues of the Members by providing the System.
More than the text
Special Provisions for Exclusion of Anti-Social Forces
Article 1 (Exclusion of Antisocial Forces)
The Member represents and covenants to the LICENSEE as follows
(1) Individual Members shall not be involved in any anti-social forces themselves, and Corporate Members shall not be involved in any anti-social forces with the corporation or officers of the corporation (representatives, directors, or persons who substantially control the management of the corporation; hereinafter collectively referred to as “Members”). (1) The individual member is an individual, and the corporate member is the corporation or an officer of the corporation (representative, director, or person who substantially controls the management of the corporation; hereinafter, individual members and corporate members are collectively referred to as “members”), who is a group or individual that pursues economic benefits by using violence, power, and fraudulent methods, such as organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, general assemblymen, social movement advocacy groups, political activity advocacy groups, special intelligence groups, or any other similar group or individual.
(1) The applicant does not fall under the category of antisocial forces (hereinafter collectively referred to as “Antisocial Forces”) and will not become an Antisocial Force in the future.
(2) During the period of use of this system, members shall not use a third party to commit any of the following acts
(i) Violent demands
(ii) Unreasonable demands beyond legal responsibility
(iii) threatening words or deeds or using violence in connection with transactions
(iv) Acts of damaging the other party's credibility or obstructing the other party's business by spreading false rumors, using deceptive means, or using force
(v) Other acts similar to the above.
Article 2 (Measures for Violations)
In the event that a member is found to have violated any of the representations or covenants in the preceding article during the period of use of the system, LICENSEE may immediately prohibit the member from using the system and expel the member without any notice. In such a case, Kou shall not be liable for any damages incurred by the member as a result of or in connection with the expulsion, and Kou shall not be prevented from claiming damages against the member if any such damages are incurred by Kou.
In the event of any damage, etc., arising out of or in connection with the above
Attachment
Special Note: Monthly Rental Fees
Rental fee: per vehicle, per room or per service
US$1 per month (excluding tax) US$1 per each time or 2% (excluding tax)
AR Subscriber fnet: US$1 per product per month (excluding tax) US$1 per terminal (excluding tax) 2% of sales
2. unlimited usage fee: per vehicle or per room or per service
US$1000 per month (tax not included) *Separately contracted
Payment Method
Payment by direct debit, credit card, or convenience store on the last day of each month.
In the case of a bank holiday, the payment shall be made on the business day preceding the bank holiday.
4. Special terms and conditions
(1) If a member withdraws from the membership in the middle of the month, the monthly fee will be calculated on a pro-rated basis.
(2) The monthly fee is subject to change in accordance with Article 9 of this Agreement, or a new condition plan may be applied.
The above was enacted on August 1, 2018