Terms of service
These Terms of Use (the "Terms") set out the conditions for use of the online shop (the "Service") provided on this website by ACCESS Racing Simulator Shop (the "Company"). Registered users ("Users") must use the Service in accordance with these Terms.
Article 1 (Application)
- These Terms apply to all relationships between the User and the Company relating to use of the Service.
- In addition to these Terms, the Company may establish rules and other provisions concerning use of the Service (collectively, "Individual Provisions"). Regardless of their title, such Individual Provisions form part of these Terms.
- If these Terms conflict with any Individual Provision, the Individual Provision will prevail unless otherwise specifically provided in that Individual Provision.
Article 2 (User Registration)
- Registration is completed when an applicant agrees to these Terms, applies for registration using the method specified by the Company, and the Company notifies the applicant that the registration has been approved.
- The Company may refuse a registration application if it determines that any of the following circumstances applies, and the Company has no obligation to disclose the reason:
- The applicant submitted false information when applying for registration.
- The application was made by a person who has previously violated these Terms.
- The Company otherwise determines that registration is inappropriate.
Article 3 (Management of User ID and Password)
- Users are responsible for managing their User ID and password for the Service.
- Users may not transfer or lend their User ID or password to a third party, or share them with a third party. If a login is made using a combination of User ID and password that matches the registered information, the Company will regard the use as having been made by the User registered to that User ID.
- The Company will not be liable for damage arising from use of a User ID or password by a third party, except where such damage results from the Company's intentional misconduct or gross negligence.
Article 4 (Sales Contract)
- A sales contract is formed when the User applies to purchase a product from the Company and the Company notifies the User that the application has been accepted. Ownership of the product transfers to the User when the Company hands the product over to the carrier.
- The Company may cancel the sales contract without prior notice to the User if any of the following applies:
- The User violates these Terms.
- Delivery cannot be completed because the destination is unknown or the User is absent for an extended period.
- The Company otherwise determines that the relationship of trust between the Company and the User has been impaired.
- Payment methods, delivery methods, cancellation procedures, return procedures, and other matters relating to purchases through the Service will be governed by procedures separately specified by the Company.
Article 5 (Intellectual Property Rights)
Copyrights and other intellectual property rights in product photographs and other content provided through the Service ("Content") belong to the Company, the relevant content provider, or other lawful rights holders. Users may not reproduce, republish, modify, or otherwise make secondary use of such Content without authorization.
Article 6 (Prohibited Acts)
Users must not engage in any of the following acts when using the Service:
- Acts that violate laws, regulations, or public order and morals.
- Acts related to criminal activity.
- Acts that infringe copyrights, trademarks, or other intellectual property rights contained in the Service.
- Acts that destroy or interfere with the functions of the Company's servers or networks.
- Commercial use of information obtained through the Service.
- Acts that may interfere with operation of the Company's services.
- Unauthorized access or attempts to gain unauthorized access.
- Collecting or storing personal information or other information relating to other Users.
- Impersonating another User.
- Directly or indirectly providing benefits to antisocial forces in connection with the Company's services.
- Any other act that the Company considers inappropriate.
Article 7 (Suspension of the Service)
- The Company may suspend or interrupt all or part of the Service without prior notice to Users if the Company determines that any of the following circumstances exists:
- Maintenance, inspection, or updating of computer systems relating to the Service.
- Difficulty in providing the Service due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
- Computer or communication-line failures caused by accidents.
- Any other circumstance in which the Company determines that provision of the Service is difficult.
- The Company will not be liable for any disadvantage or damage suffered by a User or third party as a result of suspension or interruption of the Service, regardless of the reason.
Article 8 (Restrictions on Use and Cancellation of Registration)
- The Company may, without prior notice, restrict all or part of a User's use of the Service or cancel the User's registration if any of the following applies:
- The User violates any provision of these Terms.
- It is discovered that the registered information contains false statements.
- The credit card submitted by the User as a payment method has been suspended.
- The User fails to meet payment obligations for fees or other amounts.
- The User does not respond to communications from the Company for a certain period.
- The Service has not been used for a certain period after the User's last use.
- The Company otherwise determines that use of the Service is inappropriate.
- The Company will not be liable for damage suffered by the User as a result of actions taken by the Company under this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service by completing the prescribed withdrawal procedure.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
- The Company does not warrant that the Service is free from factual or legal defects, including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, or errors, bugs, or infringement of rights.
- The Company will not be liable for any damage suffered by a User as a result of the Service. However, if the contract between the Company and the User concerning the Service, including these Terms, constitutes a consumer contract under the Consumer Contract Act, this disclaimer will not apply. Even in such a case, the Company will not be liable for damage arising from special circumstances, including circumstances that the Company or User foresaw or could have foreseen, among damage suffered by the User due to the Company's breach of contract or tort caused by negligence other than gross negligence.
- The Company will not be liable for transactions, communications, disputes, or other matters arising between the User and another User or a third party in connection with the Service.
Article 11 (Changes to the Service)
The Company may change the content of the Service or discontinue provision of the Service without notice to Users and will not be liable for damage suffered by Users as a result.
Article 12 (Changes to These Terms)
The Company may amend these Terms at any time without notice to Users when the Company considers it necessary. If a User begins using the Service after the Terms have been amended, the User will be deemed to have agreed to the amended Terms.
Article 13 (Handling of Personal Information)
Personal information obtained through use of the Service will be handled appropriately in accordance with the Company's Privacy Policy.
Article 14 (Notices and Communications)
Notices and communications between the User and the Company will be made by the method specified by the Company. Unless the User submits a change notification in the manner separately specified by the Company, the Company will treat the currently registered contact information as valid, send notices and communications to that contact information, and deem them to have reached the User when sent.
Article 15 (Prohibition on Assignment of Rights and Obligations)
Without the Company's prior written consent, the User may not assign or transfer to a third party, or provide as security, the User's contractual status or any rights or obligations under these Terms.
Article 16 (Governing Law and Jurisdiction)
- These Terms will be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the Service.
- If a dispute arises in connection with the Service, the court having jurisdiction over the location of the Company's head office will have exclusive agreed jurisdiction.
