Terms of Service
QR Order Terms of Service (hereinafter referred to as "(the) Terms") apply to all products and services related to QR Order (hereinafter referred to as "(the) Service") provided by BlueIsland Ltd. (hereinafter referred to as "(the) Company"). Members may use this Service by agreeing to these Terms.
Article 1 Application
These Terms shall apply to all relationships relating to the use of the Service between the Member and Company. Members agree to, and shall conform with these Terms when applying to enter into Contract.
Article 2 Definitions
The meaning of certain words used in these Terms shall be defined as follows.
- ・"Member" shall refer to any individual, group, association or corporation that has entered into contract (herein referred to as "(the) Contract") to use this Service.
- ・"Owner" shall refer to refer to those using this Service with management authority, who sets other Users' authorities.
- ・"User" shall refer to those directed to, and with permission to, use this service. Owners may designate a number of users stipulated elsewhere. Owners are included within Users.
Article 3 Scope of Terms
- ・These Terms and other terms of service, guidelines or rules, or privacy policies stipulated on the Company's homepage or on this Service's official site, shall constitute a part of this agreement.
- ・In the event of any inconsistency in the provisions of these Terms and the Contact (including any appended memorandum etc)the terms of the Contract shall prevail.
Article 4 Changes to these Terms
- ・These Terms and the content of the Service may be changed at any time without prior consultation with Members.
- ・Any changes to this Service shall be in force from the time they appear on the site, unless otherwise specified by the Company.
- ・In the event that the User uses this Service after a change of the Service, it shall be deemed that they have agreed with all the changed terms and conditions.
Article 5 Handling of Personal Information
Article 6 Confidentiality
・The Company will not leak or disclose information received from Users or Members to any third party. However, in the cases listed below, the Company shall not be subject to confidentiality obligations within the scope specified in each of the following items.
（1）In cases where the Company receives a judgment or order from a court, ordering disclosure based on laws and regulations or from a public institution such as receiving an official inquiry by law enforcement based on the laws and ordinances prescribing the investigation authority.
（2）In cases where the User violates the guidelines, Terms, or laws relating to this Company's or associated companies' service(s); when it is deemed necessary in order to protect a third party's or this Company's rights, finances or services; or in circumstances when it is difficult to obtain consent of the User in question.
（3）If there is imminent danger to human life, body, property, etc., there is an urgent necessity and it is difficult to obtain consent of the User in question.
（4））Other cases permitted under the Personal Information Protection Act
- ・The Company will not leak or disclose information received from Users or Members to any third party. However, in the cases listed below, the Company shall not be subject to confidentiality obligations within the scope specified in each of the following items.
Article 7 Disclaimers for Member Registration and Application for Registration
- ・People who would like to use the Service, must do so upon agreeing to these Terms, and in a method permitted by the Company.
・The Company may, for any of the following cases may, at its own judgment, and without any obligation to disclose the reason, reject any person who has applied to register (hereinafter referred to as "Applicant(s)")
（1）The Applicant has been the subject of a ban, or is currently or previously had their application to register rejected.
（2）There are falsities, errors or blank entries in the application.
（3）Any other reason(s) determined as inappropriate by the Company.
Article 8 Withdrawal
- ・Users who would like to withdraw from the Service, must do so in a method stipulated by the Contract, and shall be considered withdrawn at the time the Contract is ended.
・In the cases listed below, the Company shall retain the right to ban Members from use of this Service, at its own discretion.
（1）When there is a violation of these Terms, the Contract, or other terms of service.
（2）When the Company determines anything inappropriate.
Article 9 Handling of Email Addresses, IDs and Passwords
- ・Owners are required to register using an email address under their control, and when the Owner loses control of the email address, they must change their email address to another one under their control.
- ・Owners shall work to prevent any malicious use of their registered email address, ID and password, and shall be entirely responsible for their management.
- ・The Company shall not be held responsible for any damage incurred from mismanagement of the registered email address, password or ID.
Article 10 Account Ownership
- ・Each Member may only have one single account. However ownership of multiple accounts shall be permitted, if it is deemed reasonable for a single Member to create multiple accounts via a distinction between products or names, or if it is necessary due to the nature of the Service, so long as no other Terms are violated.
- ・Members are not permitted, under any circumstance, to transfer their accounts to third parties.
Article 11 Changes to Registration Information
- ・In the event that any registered information changes, Members are required to notify the Company in a method determined by the Company. The Company shall take no responsibility for any losses incurred by Members from failing to notify the Company of such changes.
Article 12 Associated Functionality
- ・Members shall be responsible for registering IDs, passwords and other information required to use associated functionality (hereinafter referred to as "(the) Associated Data").
- ・The Company shall not use Associated Data for any purpose besides using associated functionality.
- ・The Company shall take the utmost care when determining associated sites. However, the Company and the operators of such associated sites shall not be interpreted as affiliation, collaboration or authorization, and the Member shall verify that all data acquired to use the associated functionality is correct and complete, on the associated site.
- ・Members shall be liable financially for any conflicts between the associated site operators or any third party(s), that occur due to errors in Associated Data, or due to use of the associated functionality; and may not cause the Company any inconvenience, and shall be liable if any costs are incurred by the Company (including legal fees).
- ・Members shall accept that any data obtained via a associated functionality, may possibly not display correctly due to changes in network equipment etc.
Article 13 Consolidation of Operating Environment
- ・It is the sole responsibility of Users to maintain any and all hardware or software etc. required to use this Service.
- ・It is the sole responsibility of Users to incur any and all network costs required to use this service (including software downloads and network fees), as well as network devices. The Company makes no guarantee that the Service will run correctly on the network configuration used by Users.
- ・Users are responsible for implementing measures to prevent viruses infecting their computer systems, and malicious access and data breaches.
- ・The Company is in no way concerned with the User's operating environment, nor shall it be held liable for it in any way.
Article 14 Member Liability
- ・Members use this Service on their own responsibility, and are responsible for any and all actions and results while using the Service.
- ・Members may not allow this service to be used by anyone but Users.
- ・Members must require all users to comply with these Terms. Any breach of these Terms by a User shall be considered the joint responsibility of the Member and User.
Article 15 Intellectual Property Rights etc.
- ・All intellectual property rights, including but not limited to copyrights, author's moral rights, patents, design rights, trademarks and publicity rights, shall remain the rights of this Company and any rightful owner. Execution of these Terms does not grant any such rights to use intellectual property beyond the scope of what is needed to use the Service.
Article 16 Prohibited Conduct
Users may not, in the use of this Service, commit any of the following items. In the event that any violation occurs, the Company retains the right to take detrimental measures to ban or suspend the User.
- （1）Making false applications to this Company.
- （2）Using any information or service included within this Service, for any reason outside the purposes of the Service.
- （3）Any conduct which violates or threatens to violate the Company's or any third party's copyright, design rights or other intellectual property right.
- （4）Any other action that illegally infringes on this Company's or any other third party's proceeds.
- （5）Conduct which the Company determines violates the law, public morality, these Terms or other terms of service, or violates others' rights.
- （6）Any attempt to use a third party's Associated Data.
- （7）Posting or sending viruses or harmful computer programs etc.
- （8）Using or acquiring a third party's Member ID and password, or User ID and password.
- （9）Impersonating an operator, or otherwise obstructing or threatening to obstruct the operation of the Service.
- （10）Conduct which goes outside the normal use of this Service, and will incur undue stress on the servers, interferes with the operation of the Service, networks or systems, or threatens to do so.
- （11）Overwriting or deleting data stored by the Company.
- （12）Conduct related to illegal activity.
- （13）Other action which the Company determines to be inappropriate.
Article 17 Changes to the Service
The Company retains the right to add to, change, suspend or terminate this Service at any time for any reason without prior notice. The Company will not be liable for any damage caused by any such changes of the Service. This is true also for any slowdown in display speed or interferences to the Service, due to excessive access or any other unexpected cause.
Article 18 Interruption of the Provision of This Service
・The Company retains the right to suspend or interrupt the service without prior notice to Users, if it determines that any of the following events have occurred.
（1）When performing maintenance, inspection, or updating of any computer system related to this service.
（2）When it becomes difficult to provide this service due to force majeure such as earthquake, lightning strike, fire, blackout or natural disaster.
（3）When computer or communication lines etc. are shut down due to an accident.
（4）When the Company determines that it is difficult to provide the Service.
- ・The Company shall not be held liable for any disadvantage or damage suffered by the User or any third party due to suspension or interruption of the provision of this service, regardless of the reason.
- ・The Company retains the right to suspend or interrupt the service without prior notice to Users, if it determines that any of the following events have occurred.
Article 19 Usage Fee
- ・Members shall be liable to pay monthly costs as determined by the Contract.
- ・Members shall, as a general rule, pay via card payment, and by a date determined by the Company. The Company shall not reimburse payments for any reason.
- ・Members wishing to terminate a Service are responsible for terminating the Service via the site, and confirming that termination.
Article 20 Cooperation with External Services
- ・The Company retains the right to cooperate with external services via mutually linking etc.
- ・The User acknowledges that the external service and the Service are different services, and may use said external service only after agreeing with the terms and conditions of the external service, if any, separately from this agreement, and in accordance with the method specified by the external service.
- ・The Company shall not be held liable for the use of external service by the User and any information the User receives from external service.
Article 21 Backups
Users are entirely responsible for saving backups of any data supplied or transmitted while using this Service. Except for backup services specifically provided by this Company, the Company shall not be responsible for maintenance, saving, loss or backups of any data whatsoever.
Article 22 Disclaimer
- ・The Company can not guarantee the completeness, accuracy or utility of any data provided by this Company or associated functionality.
- ・There may be times when due to increased traffic or other reasons, displaying the service may be slow or errors may occur. Even in the event that the Service is temporarily unnavailable, this doesn't constitute a breach of Contract by the Company, and the Company shall not be liable to pay any refunds.
- ・The Company cannot guarantee that the service will work in all environments. Members must confirm beforehand that their environment is suitable before applying. The Company shall not be liable to pay any refunds in the event that a Member can not use the Service due to their environment.
- ・This service may require large amounts of packet communication. The Company recommends a fixed price internet service plan. The Company shall not be held liable for any costs incurred by packet communication.
- ・In the event of any losses incurred by any Member relating to this Service, only in the event that the Company admits intention or gross negligence, shall the Company be held liable for the direct costs of the Service that caused the loss, and only up to a maximum of the cost of one month's payment. The Company shall not be held liable beyond that.
- ・Members shall be liable financially for any conflict that occurs between a Member and a third party relating to this Service, the may not cause the Company any inconvenience, and shall be liable if any costs are incurred by the Company (including legal fees).
Article 23 Delegation
The Company retains the right to delegate operations related to this Service, either in whole or in part, to third parties.
Article 24 Effectiveness of these Terms and other Terms of Service
- ・Even in the event that part of the provisions these Terms or other terms of service are determined to be invalid based on laws, all other provisions in these Terms and other terms of service will remain valid and in effect.
- ・Even in the event that due to a relationship with a Member, a part of the provisions of the Terms etc becomes invalid, or is canceled, the Terms will remain valid and in effect in relation to other Members.
Article 25 Handling of Violations
・In the event that a Member is found to have violated these Terms or other terms of service, etc., or if the Company determines it to be necessary, the Company reserves the right take the following measures.
（2）Not accept registration.
- ・Members may not raise objections to any of the previous measures.
- ・In the event that a Member is found to have violated these Terms or other terms of service, etc., or if the Company determines it to be necessary, the Company reserves the right take the following measures.
Article 26 Governing Law and Jurisdictional Court
- ・The law governing these Terms shall be Japanese law.
- ・In the event of any dispute in regards to this Service, the court having jurisdiction over the head office of the Company shall have exclusive jurisdiction.
- ・These Terms will come into force on September 1, 2019.
- ・These Terms also apply to acts performed by Members and Users prior to the enforcement of these Terms.