Membership Terms and Conditions

Please take the time to read and understand these Membership terms and conditions.

 

 < Membership Terms and Conditions >

M-cast Inc. (hereinafter called "M-cast") established this Terms in order to operate our EC site
(https://www.e-mcast.co.jp/, hereinafter called "our Site") properly and all users can use our Site comfortably
by this Terms. This Terms apply to everyone using our Site. Please use our Site after agreeing all of the Terms.

Article 1 (Membership)
For the purpose of this Terms, the following terms have the meaning as defined below:
“Members” or “Member” means an entity or person who registers for membership after agreeing to terms
established by M-cast such as this Terms, Introduction Guide and Selling Guide.

Article 2 (Member Registration, Change)
1.The person or entity who wants to become a Member has to apply for registration in defined method by M-cast.
When M-cast approves, registration process is completed.
2.In case the contents of registration have changed, Members shall contact M-cast promptly. M-cast shall not
take anyresponsibility for damages that accrue by a registration of change not having been done.
3.M-cast may reject application for registration without disclosing the reason, if any of the following events occur:
(1) If an applicant for registration is not a medical personnel or has not received permission necessary to trade
used goods, and to trade or rent specially controlled medical devices.
(2) If a registration applicant makes false notification when applying for registration.
(3) If an applicant for registration has committed breach of this Terms.
(4) If M-cast deems it inappropriate to maintain the register of Members.

Article 3 (Management of User IDs (Registered E-mail Addresses) and the Passwords)
1.Members shall keep and manage the user IDs (Registered e-mail addresses), and the passwords of our Site
secretly at their responsibility.
2.Members shall not transfer or lend user IDs (Registered e-mail addresses) and a passwords to third parties at
any cases. M-cast shall not take any responsibility for Members' damages caused by fault in the use of user IDs
(Registered e-mail addresses) and the passwords, inadequate management or unauthorized use by third parties.
In such case, if the third party use M-cast's service by logging in with the correct combination of user IDs and
passwords, it shall be deemed as the member's own use and the member shall pay usage fee of service to M-cast.
3.Members shall contact M-cast and follow the instructions from M-cast, if any of the following events occur:
(1) If Members change the e-mail addresses that M-cast was notified when Members apply for registration or if
Members lost the rights of use of the e-mail addresses.
(2) If Members lose all or part of user IDs (registered e-mail addresses) and the passwords.
(3) If there is a possibility that all or part of user IDs (Registered e-mail addresses) and the passwords was
disclosed to or leaked to third parties.
(4) If, in addition to the above, there is a possibility that unauthorized third parties use the user IDs
(Registered e-mail address) and passwords and M-cast's service.

Article 4 (Cancellation of Membership)
Cancellation procedures shall be carried out by Members themselves according to method that M-cast defined.
Cancellation procedures are complete when M-cast approves the cancellation.

Article 5 (Personal Information)
Member's personal information will be managed appropriately according to M-cast's Privacy Policy.
M-cast can use the e-mail addresses that Members notified to apply for registration to deliver various email
newsletters and to provide information.

Article 6 (Individual Terms)
M-cast may establish individual terms for M-cast's service in our Site. In such case, Members shall consent to
each terms before using each service.

Article 7 (Compliance of this Terms)
1.Members shall observe with this Terms on using our Site. M-cast can stop service and cancel the usage contract
without notification in advance, if any of the following events occur:
(1) If it is found that Members fall under of the items of Article 2 (3).
(2) If Members act the prohibited acts prescribed in Article 8.
(3) If Members default on their obligation notwithstanding notification by M-cast.
(4) If Members lose legal capacity because of dissolved or going out of business.
(5) If a petition is filed by or against Members for the institution of proceedings for bankruptcy, civil rehabilitation,
special liquidation, corporate reorganization or similar.
(6) If specific conciliation or other public procedure for arrangement of business revitalization is pleaded.
(7) If Members are filed for provisional seizure, provisional disposition, compulsory execution or petition for
exercise of security interests.
(8) If Members suspend payments or become insolvent.
(9) If a bill is dishonored and Members received suspensions of bank transactions or coercive collection of taxes.
(10) If M-cast deems necessary of the preservation of claims to the member.
(11) If Members receive an order to suspend business by a regulatory agency.
(12) If Members violate this Terms.
(13) If it is recognized that a member is a gang, concerned with gang, a sokaiya and antisocial power
(hereinafter called "antisocial power").
(14) If it is recognized that antisocial power participates in the management of the member substantially.
(15) If it is recognized that antisocial power is used.
(16) If it is recognized that there is participation such as fund is contributed to the antisocial power or
granting convenience.
(17) If Members have a relationship with antisocial power that should be criticized socially.
(18) If Members themselves or through the third party use fraudulent means, violent act or a threatening expression
to M-cast.
(19) In addition, if M-cast determines Members inappropriate in accordance with rational reason.
2.Notwithstanding the provisions of the preceding paragraph, if Members do not use M-cast's service in certain
period of time, M-cast may suspend membership without notice.
3.M-cast shall not take any responsibility for Members' damages caused by service disruption and termination of
all or part of usage contract.

Article 8 (Prohibited Matter)
With respect to a utilization of our Site, Members may not take the following action. Also M-cast may take
an appropriate measure if it is judged that Members might make the following act.
(1) Acts against the law or public order or morality.
(2) Criminal acts
(3) Acts to destroy or interfere with the function of M-cast's server or network, or to obtain information owned
by M-cast illegally.
(4) Acts that might interfere with the operation of M-cast's service.
(5) Acts to collect or accumulate personal information concerning other members.
(6) Acts to trade pretending to be another person and acts to input the false information.
(7) Acts to give profit to antisocial power in connection with M-cast's service directly or indirectly.
(8) In addition, acts M-cast judges inappropriate.

Article 9 (Service Disruption)
1.If M-cast judges that there are any of the following circumstances, M-cast may disrupt part or all of M-cast's
service without notices.
(1) If maintenance or renewal of the computer system of our Site is made.
(2) If, by force majeure such as earthquakes, lightning, fire, interruption of electric supply or the natural calamity,
providing our Site becomes difficult.
(3) If a computer or a communication line stops by an accident.
(4) In addition, if M-cast judges the difficulty to provide our Site.
2.M-cast shall not take any responsibility for Members' and third parties' damages that is caused by service disruption
for whatever reason.

Article 10 (Disclaimer)
1.M-cast may amend M-cast's Site and abolish M-cast's service at any time. M-cast shall not take any responsibility
for any Members' damages caused by amending and abolishing.
2.M-cast shall not guarantee, about contents providing free of charge on our Site at all, with respect to genuineness,
accuracy, correctness, usefulness, reliability, legality and not violating the legal rights of others.
3.M-cast shall not take any responsibility for damages accruing to Members' in respect with M-cast's service at
all such as ones caused by the system down or delay and data missing because of obstacles of the network or the computer
and by the unauthorized access to data.
4.If, the selling price of products ordered by Members, is incorrect by M-cast's negligence, M-cast may cancel
the order without consent or approval by Members. Also M-cast shall not take any responsibility for direct and
indirect damages accruing to Members because of the cancellation.

Article 11 (Copyrights)
All copyrights to information and content posted on our Site shall belong to M-cast or providers.

Article 12 (Amendment to this Terms)
1.M-cast may amend this Terms and “Service Guide” at any time.
2.The amendment of this Terms and “Service Guide” become effective with the posting to our Site, and since then
this Terms and “Service Guide” which is amendment apply to Members.

Article 13 (Notice or Communication)
1.Notice or communication between Members and M-cast shall be made in defined method by M-cast.
2.If M-cast delivers Members' notice of M-cast's service pursuant to the provision of the preceding paragraph,
written notices become effective one day after shipping, notice by e-mail or on our Site become effective at the time.
3.If Members suffer damages because they do not check M-cast's notice, M-cast shall not take any responsibility for
Members' damages.

Article 14 (Governing Law and Competent Court)
1.The relationship between Members and M-cast shall be governed by the laws of Japan.
2.If any dispute arises, Members and M-cast shall settle through good faith negotiation. Any dispute arising between
Members and M-cast shall be referred to the Tokyo District Court, and such court shall be the exclusive agreement
jurisdictional court of first instance.

Article 15 (Original)
The original of these Terms shall be the Japanese version, and these Terms shall be construed based on the Japanese version.