Terms of service
▼ Please Read Before Purchase
These Terms of Use (hereinafter, the “Terms”) set forth the contents, conditions of use, precautions, and other rights and obligations related to the services (collectively, the “Services”) provided in connection with the DotAndZ website (the “Website”) operated by 5roots Inc. (the “Company”) and govern the relationship between the Company and customers who agree to these Terms and use the Services (the “Users”). Users must read these Terms carefully and agree to them before using the Services.
Article 1 (Application)
1. In order to use the Services, Users must agree to comply with these Terms and provide certain information as specified by the Company in the prescribed manner. Those who do not agree to these Terms may not use the Services.
2. By applying to use the Services, the User is deemed to have understood and agreed to these Terms.
3. These Terms apply to the use of the Services. In the event of any inconsistency between these Terms and the actual content or conditions of the Services, these Terms shall prevail.
4. The Company may amend these Terms without obtaining individual consent from Users, in accordance with the method described in the next article (Changes to the Terms). Users hereby agree to this in advance.
5. Rules regarding the Services that are published on the Website by the Company shall constitute part of these Terms.
Article 2 (Changes to the Terms)
1. The Company may amend or add to these Terms (collectively, “Changes”) in the following cases:
(1) When such Changes are in the general interest of Users.
(2) When such Changes are reasonable in light of the necessity, appropriateness, and other circumstances related to the Changes and do not conflict with the purpose of these Terms.
2. When making Changes, the Company shall notify Users in advance of the content of the Changes and their effective date via the Website or other appropriate means.
3. The amended Terms shall take effect from the time they are posted (or from the specified time indicated in the amended Terms, if applicable). If the User continues to use the Services after the amendment, the User is deemed to have validly and irrevocably agreed to the amended Terms. Users should review the most up-to-date version of these Terms when using the Services.
Article 3 (User Registration)
1. To use the Services, Users must satisfy the following conditions and agree to provide their information entered on the Website (the “User Information”) to the Company by the prescribed method and be registered as a User of the Services.
(1) An individual or legal entity residing in a region designated by the Company as an area in which the Service and the Products are provided
(2) Have legal capacity, or have obtained consent from a legal representative.
(3) Have the necessary communication environment to access the Website.
(4) Agree to these Terms as set out in Article 1 (Application), paragraph 2.
(5) Not be an antisocial force (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or persons equivalent thereto; the same applies hereafter).
(6) Not have provided funding or otherwise cooperated or engaged in the maintenance, operation, or management of antisocial forces, nor have any relationship with such forces.
(7) Not have violated any contracts with the Company in the past.
2. Users shall strictly manage their User Information under their own responsibility so that it is not disclosed to third parties.
3. If there are any changes to the User Information, the User shall promptly update the information by following the prescribed procedures. The Company shall not be liable for any damages arising from a failure to update, except in cases attributable to the Company, and the User shall be liable for any damages caused to the Company.
Article 4 (Authentication)
1. Users may use functions of the Website requiring authentication by logging in with their registered email address as the user ID and the corresponding password.
2. Under no circumstances may Users allow third parties to use, lend, transfer, change ownership of, or sell their user ID and password.
3. Users shall properly manage, store, and use their user ID and password at their own responsibility. Users shall be liable for damages arising from insufficient management, mistakes in use, or third-party use.
4. Even if a third party uses a user ID and password and the User suffers damages as a result, the Company shall deem that the User logged in with that ID and password used the Services, and the Company shall bear no liability (except in cases attributable to the Company), regardless of the User’s responsibility.
Article 5 (Intellectual Property Rights, etc.)
1. All content (including text, images, materials, music, videos, logos, buttons, icons, edited data, software, programs, and other information) posted on the Website or included in communications from the Company belong to the Company or content providers who have licensed such rights to the Company and are protected under copyright laws, design laws, utility model laws, relevant international laws, and other intellectual property laws. Users may not reproduce, reprint, alter, edit, distribute, or sell such content without authorization.
2. If a User violates the preceding clause and causes issues regarding intellectual property rights, the User shall resolve such issues at their own cost and responsibility, and shall not cause any inconvenience or damage to the Company.
3. The Company has no obligation to monitor any ideas, concepts, suggestions, comments, or other information (excluding personal information) submitted by Users to the Company or the Website (“Submissions”). Upon submission, the User shall be deemed to have waived all rights to the Submissions (including rights set forth in Articles 27 and 28 of the Copyright Act), and such rights shall belong to the Company. The User agrees not to exercise moral rights of authorship. The Company assumes no confidentiality obligation and may use the Submissions for any purpose without compensation, and bears no liability for any issues arising from the Submissions.
Article 6 (Purchase of Products)
1. If the User wishes to purchase products sold by the Company (“Products”), the User shall apply to purchase in the manner specified separately by the Company. A purchase agreement is established when the Company sends a confirmation notice of the application. Once applied, the User may not withdraw or cancel the order unless otherwise specified.
2. Due to manufacturing, shipping, or other circumstances, the Company may impose limits on product shipments. Orders exceeding such limits may be canceled or delayed, with notice provided to the User.
3. Even after a purchase agreement has been established, the Company may cancel orders due to unavoidable reasons such as manufacturing or shipping issues.
Article 7 (Payment of Purchase Price and Service Fees)
After a service contract is established, the User shall pay the purchase price and any applicable service fees as posted separately by the Company, using the payment methods designated by the Company.
Article 8 (Transfer of Ownership and Risk)
1. Ownership of the Products transfers from the Company to the User at the time the Products are handed over to the shipping carrier for delivery to the User.
2. Any loss, damage, or destruction of the Products due to reasons not attributable to either the Company or the User shall be borne by the Company if occurring before handover to the shipping carrier, and by the User if occurring thereafter.
Article 9 (Returns and Exchanges)
1. The Company does not accept returns, exchanges, or refunds of Products for reasons attributable to the User after the purchase agreement is established.
2. Notwithstanding the preceding clause, the Company will accept returns, exchanges, or refunds only if the Product is damaged or incorrectly shipped, provided that all the following conditions are met:
(1) The Product is unused.
(2) The Product, its packaging, and accessories are returned in the same condition as delivered.
(3) The User contacts the Company’s customer service within 7 days after the Product is shipped.
Article 10 (Prohibited Acts)
When using the Services, Users must not engage in any of the following acts, or any acts that the Company deems applicable:
(1) Acts that violate these Terms.
(2) Acts that infringe, or may infringe, the intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights, or other property or personal rights of the Company, its licensors, or third parties.
(3) Acts that cause, or may cause, disadvantage or damage to the Company or third parties.
(4) Acts that unjustly harm the honor, rights, or credibility of others, or may do so.
(5) Acts that violate laws or regulations.
(6) Acts that are, or may be, contrary to public order and morality, or the provision of such information to other Users or third parties.
(7) Criminal acts, acts linked to criminal acts, or acts that encourage such acts, or may do so.
(8) Providing benefits to antisocial forces.
(9) Providing false information, or information that may be false.
(10) Unauthorized access to the Company’s systems, alteration of program code, deliberate falsification of location data, cheating by using devices or applications, distribution of computer viruses, overloading of the Services’ network or systems, or other acts that may hinder the normal operation of the Services.
(11) Acts that damage, or may damage, the credibility of the Services.
(12) Impersonating third parties by using other Users’ accounts or other methods.
(13) Directly or indirectly inducing or facilitating the acts described above.
(14) Any other acts deemed inappropriate by the Company.
Article 11 (Prohibition of Resale)
1. Users fully understand that improper use or management of the Products may cause safety issues, and agree not to resell the Products to third parties without the Company’s consent.
2. If, based on order frequency, volume, or other factors, the Company determines that a User is reselling or attempting to resell Products, the Company may, without notice, refuse the order or cancel the sales contract.
3. The Company shall not be responsible for any issues related to quality assurance, quality control, safety, transaction security, or other troubles regarding resale transactions or resold Products.
Article 12 (Termination of Contract by the Company)
1. The Company may, without notice, terminate all or part of the Services agreement with a User, or restrict the User’s use of the Services, if the User falls under any of the following:
(1) Violation of any provision of these Terms.
(2) Discovery of false or altered information in the User’s application.
(3) Previous termination or suspension of Services by the Company.
(4) Return of Products due to refusal of receipt at the registered address.
(5) Delay or refusal of payment obligations related to the Services.
(6) Discovery that the designated payment method is invalid or suspended by credit card companies, settlement agents, or financial institutions.
(7) Malicious conduct such as repeated damage or loss during use of the Services.
(8) Discovery that a minor used the Services without the consent of a legal representative.
(9) Discovery that an adult ward, person under curatorship, or person under assistance used the Services without the consent of their guardian, curator, or assistant.
(10) Notification from heirs, etc. of the User’s death, or confirmation of the User’s death by the Company.
(11) Failure to respond sincerely to requests from the Company.
(12) Any other case where the Company reasonably deems the User inappropriate.
2. The Company shall bear no responsibility for damages incurred by Users due to such measures.
3. A User whose contract is terminated under this Article shall lose the benefit of term and must immediately fulfill all obligations to the Company.
Article 13 (Suspension of the Services)
The Company may suspend or interrupt all or part of the Services without prior notice to Users under the following circumstances:
(1) Emergency inspection or maintenance of systems related to the Services.
(2) Inability to operate the Services due to system failures, operational errors, excessive access, unauthorized access, hacking, etc.
(3) Inability to operate the Services due to force majeure such as earthquakes, lightning, fires, storms, power outages, or natural disasters.
(4) Other cases where the Company deems suspension or interruption necessary.
Article 14 (Changes or Termination of the Services)
The Company may, at its discretion, change the content of the Services or terminate their provision.
Article 15 (Disclaimer)
1. Except where otherwise specified, the Company shall bear no liability for damages, losses, or disadvantages suffered by Users due to the following reasons, except in cases of intent or gross negligence by the Company:
(1) Use or inability to use the Website.
(2) Use or inability to use the Services.
(3) Inclusion of false information in User Information.
(4) Failure by the User to update User Information despite changes.
(5) Improper management of User Information or registered credit card, or use by third parties.
(6) Failure of communications from the Company to reach the User due to the User’s communication environment.
(7) Delays, errors, or impossibility of delivery.
(8) Access by Users to third-party managed or operated linked sites.
(9) Unauthorized modifications, hacking, or virus contamination of the Services, Products, or content.
(10) Troubles between Users or between Users and third parties.
(11) Termination of contract by the Company under these Terms.
(12) Changes, suspension, or termination of the Services.
2. The Company makes no guarantees regarding:
(1) Suitability of the Services or Products for a specific purpose, or the quality or value expected by Users.
(2) Uninterrupted operation of the Website.
(3) Accuracy, reliability, usefulness, or suitability of the Website.
(4) Continuity or identity of the Services.
3. The Company has no obligations to:
(1) Monitor or record User behavior on the Website.
(2) Monitor User Information.
Article 16 (Compensation for Damages)
1. If a User causes damage to the Company through breach of contract or use of the Services, the User shall compensate the Company for all damages (including lost profits and attorney fees).
2. If the Services contract between the Company and a User (including these Terms) constitutes a consumer contract under the Consumer Contract Act, provisions that fully exempt the Company from liability shall not apply. In such cases, if damages are caused by non-performance or tort attributable to the Company, liability shall be limited to the amount paid by the User to the Company for the Services in the most recent month, except in cases of intent or gross negligence by the Company.
Article 17 (Prohibition of Assignment of Claims)
1. Users agree in advance that the Company may, without prior notice, assign its claims against Users to third parties (the “Assignees”) at the Company’s discretion.
2. If the Company assigns its claims to an Assignee, Users agree in advance that the Company may provide the Assignee with the User’s name, address, phone number, and necessary transaction information for the exercise of such claims.
3. Users may not, without prior written consent of the Company, assign, transfer, set collateral, or otherwise dispose of their contractual position under the Services or their rights or obligations under these Terms.
Article 18 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained from Users (“Personal Information”) in accordance with these Terms and the separately posted “Privacy Policy.” Users agree to the Company’s handling of their Personal Information in accordance with said Privacy Policy.
Article 19 (Communication and Notices)
1. Unless otherwise specified, communications from the Company shall be deemed completed when sent to the User’s registered email address or the email address provided at the time of application. The Company shall bear no responsibility for damages arising from the User’s failure to receive or confirm such emails, and the User shall bear responsibility for damages to the Company.
2. Inquiries and communications regarding the Services shall be made by email or other methods specified by the Company. Notifications from the Company shall take effect upon dispatch.
3. The customer contact point for the Services shall be as specified on the Website under [Contact].
Article 20 (Jurisdiction)
1. The Company and Users shall resolve matters not stipulated in these Terms or any doubts regarding the interpretation of these Terms through sincere consultation based on the principle of good faith.
2. If any provision of these Terms is found invalid or unenforceable, such determination shall not affect the validity of the remaining provisions. The Company and Users agree to endeavor to modify such provisions in line with their intent and remain bound by the revised Terms.
3. Even if a provision is found invalid or unenforceable with respect to one User, it shall not affect the validity with respect to other Users.
4. These Terms shall be governed by Japanese law, and any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the district court with jurisdiction over the location of the Company’s head office in the first instance.