Please understand that this is the translation of the original Japanese language version for convenience purpose. If there is a conflict between the Japanese original and English translation, the original Japanese language version shall apply to.
Article 2 Use as well as Responsibility of the Site
1. Moopon sells coupons to the Members from participating merchants (hereafter referred to as “Merchants”). These Merchants provide products/services (hereafter referred to as “Services”) which can be obtained by the Member using Moopon Coupons.
2. When the Member purchases a coupon on the Site, by clicking the “Submit Order” button, the Member places an offer to buy the coupon. Once we have sent notification of the purchase, the purchase is completed. Once the purchase is completed, the Member is obligated to pay the coupon amount in the payment method written on the Site. Once the purchase is completed, the Member cannot change nor cancel the coupon.
3. The Member is forbidden from exchanging the coupon for cash.
5. The Member can receive only the Services written on the coupon at only the Merchant listed on the coupon. However, the Member cannot receive the Services if the Coupon Valid Period written on the coupon has expired. We cannot refund unused, expired coupons.
6. The Merchant is responsible for the Services written on the coupon. Moopon does not have any responsibility in the Services on the coupon the Member purchases. Therefore, Moopon does not provide any of the Services written on the coupon the Member purchases.
7. Moopon does not place any guarantee on the Services. For inquiries the Member makes directly with the Merchants, Moopon has no responsibility. If there are any problems or issues between the Merchant and the Member, we ask the two parties to resolve the issue on their own. As Moopon has no responsibility in this matter, Moopon will not be involved nor mediate in any issues.
Article 3 About Registration
2. In accordance with the previous clause, after the registration process is completed, the person will become a “Member”. Moopon has the sole discretion to stop the membership registration and not allow someone from becoming a member. In the case, Moopon refuses membership, Moopon will not state the reason nor bear any duty or responsibility in any matter.
3. Moopon will issue the registered Member a User ID and Password.
4. Each Member shall only be issued 1 User ID and 1 Password at the time of registration.
If Moopon deems a Member has violated this by holding more than 1 account, according the Article 10 Clause 9, the Member will receive a notification of not being able to use the Service. The Member’s registration will be deleted and/or further steps may be taken by Moopon as needed.
5. Persons eligible to become a Member are residents of Japan, who are over the age of 20. For Japanese residents under the age of 20, consent from their legal guardian is required (the Service is unavailable unless consent is obtained).
6. We believe the information entered during membership registration is true. If the registered information changes, please make the necessary modifications in a timely manner. In the event the Member can select their User ID, etc., User ID which causes others discomfort or infringe on privacy issues are prohibited.
8. The Member is not allowed to lend, transfer, or sell their user id or password issued by Moopon to any third party.
Article 4 (Notification to the Member)
1. As a rule Moopon shall notify to the Member by displaying on the site. This notification shall take effect at the time it is displayed on the site.
2. When Moopon provides notification to the Member by e-mail, it shall take effect at the time it was sent to e-mail address that the Member has registered.
Article 5 (Issuance of E-mail Magazine)
Moopon may issue a variety of e-mail magazine to the Member and Member shall be deemed to consent the receipt of various e-mail magazine issued by us. However, the Member may stop receiving such e-mail magazine by practicing our prescribed procedures (hereafter referred to as the "reception stop procedures"). The Member shall be deemed to agree beforehand that e-mail magazine can be delivered to due to system reasons.
Article 6 (About Rights)
Sentences of the Service and site, program and all other rights (ownership, copyright, trademark rights, patent rights, design rights and all other intellectual property rights) shall belong to Moopon or third party that gave us right to use. The Member may not use duplicate, copy, transfer, rent, reproduction, distribution, publishing and other uses beyond range of private use without the prior written consent of Moopon.
Article 7 (Terminate Account)
The Member may terminate the account in accordance with the procedures specified by Moopon.
Article 8 (Liability of the Member)
1. The Member shall be deemed to use the Service at the member’s own responsibility.
2. The member shall take responsibility to strictly manage and store member ID and password (including but are not limited to, change passwords regularly and etc. for preventing theft of member ID and password) and keep them secret from third party.
3. When member ID and Password are suspected to being used by third party or that situation has arisen, the Member shall notify Moopon immediately.
4. Once the Member ID and Password matches, Moopon recognizes this to be the Member’s session. Until the Member has logged out, an activity conducted during the session will be that of the Member.
5. The Member shall be deemed to accept without objection beforehand that Moopon monitors the misuse of the Service by the Member.
6. Moopon shall not have any responsibility for damages the Member and third party caused by others using member ID and Password irrespective of whether the Member or was negligent.
Article 9 (Revocation of Registration, etc.)
When Moopon judge that any of the following events has occurred, we have right to stop the Service of the Member and cancel the membership registration or to take measures deemed to be necessary. When such a Member has any coupons pending, we shall make the pending coupon as well as purchased coupon invalid. In this case, we shall not refund the coupon payment.
1. If the Member violate the law or this Agreement provisions.
2. If the Member declared false facts at membership registration.
3. If the Member does not act promptly when we ask the Member to inquiry or submit documents or etc.
4. If the Member has problems with credit card in credit check.
5. If the Member is unable to pay, cannot pay, or makes petitions for any legal proceeding pursuant to commencement of bankruptcy proceedings or civil rehabilitation proceedings.
6. If the Member died or being subject to a decision for commencement of Guardianship, Curatorship or Assistance.
7. If it is found that the Member belongs to an organized anti-social group or a group with anti-social activities or has close relationships with them.
8. If the Member uses member ID or Password in an inappropriate manner or allows a third party usage
9. If we judge that the Member abuses the Service.
10. If we judge that continuing the registration is inappropriate
Article 10 (Change, Stop, and Abolition of the Services)
We shall be able to modify all or part of the Service without prior notice. When there are reasons listed below we can stop all or part of this Service temporarily. We don't have any responsibility to the Member's damage or disadvantage. (This shall not apply to the Member who has purchase the coupon and has not yet received the Services written on the coupon).
1. If we judge that it is necessary to stop provision of the Service due to system maintenance, system failure support, force majeure such as natural disasters, on the other technology or operational reasons.
2. If renewal or design changes, enhancements or etc. of the Service is performed.
3. When we determine that it is necessary to stop (temporarily or permanently).
We shall be able to abolish the Service at our convenience. In this case, we will announce the abolition in the Site at least two weeks prior to the abolishment.
Article 11 Prohibitions
The Member is prohibited from engaging in the following behaviors:
2. Any behavior tied to criminal behavior or violates public morality
3. Any behavior that violates laws and regulations, or any behavior that encourages or promotes illegal behavior.
4. Any behavior that sells purchased coupon to third party for profit.
5. Any behavior which tampers the usage information of the Site.
6. Any behavior that causes the same member to have multiple member IDs
7. Transferring or lending member ID to a third party.
8. Impersonating a third party through unauthorized use of another person's login ID and password
9. Interfering with our operation of this Service through computer viruses or other harmful programs.
10. Any behavior that places a burden on the server, or any behavior that interferes with the access or operation of other member, etc.
11. Any behavior that violates the Intellectual property rights, portrait rights, privacy rights, honor, trust or other rights or interests of Moopon, Merchants, the member or a third party.
12. Acts producing an illegal monetary interest through the Service
13. Any behavior which involves advertising organizations, services, activities, etc., (unrelated to the Site) to other Members.
14. Act which discriminates or defames Moopon, Merchants, Members or any third parties.
15. Act which violates or may violate Copyright, trademark rights, patent rights, design rights or all other intellectual property rights of Moopon, Merchants, member or third party.
16. Any behavior involving selling, loaning, transferring coupons..
17. Posting and registering false and misleading etc. information
18. Act which Posts comments that contains Discriminative expression.
19. Posting contents judged by us to be obscene, child pornography or child abuse as well as any recordings of such acts
20. Acts and other published images, etc., that make other Members feel uncomfortable, such as words, photos, which are violent, grotesque, etc.
21. Using the Site to further romantic interests.
22. Acts that posts information about products or service, regardless if they are for profit or non-profit.
23. Any other act we judge to be inappropriate
Article 12 Limitation of Liability
1. Unless the agreement provides otherwise, our obligations are limited to issuing coupons. Our obligation is deemed to be fulfilled at the time we issue the coupon.
2. For purchased coupon on the Service, coupon valid period and the period required all Merchants services to purchaser (i)The Merchant to provide the Services(ii) the Merchant to provide all of the Service (In other words, even if service composes of multiple services, we do not guarantee that the Merchant provide all the multiple services)or (iii) Merchants provide satisfying or useful Services desired by the Member. We are not responsible except in cases of intentional or gross negligence on our side.
3. If the Coupon Valid Period has not expired and the Merchant is unable to provide part or all of the Services, or when we judge that the Merchant or its Services may give unfavorable to the Member, we have reserve the right to cancel the coupons to the Member at our discretion. In these cases, we shall be able to refund the Member the coupon purchase price. In these cases, the repayment conditions or methods will be designated by us.
At the time of the refund, if the Merchant offered a part of the Services to the Member, we will refund an amount of money deducted the Services calculated by our designated method from the coupon purchase price.
The Member must prove the presence or absence, the number/quantity and content such as the provision of the Services by submitting the evidence for its claim per our request.
We are not any responsible for the damages caused by the cancellation of coupons under this subsection to the member except for the refund of all or part of the coupon purchase price set forth in this section
4. The Member shall bear any responsibility with respect to management of the issued coupon.By loss or theft of the coupon, or by leakage or theft of coupon matters described, third party use coupon and it has been unavailable, member cannot claim for any damages or provision of Merchant Services.
5. We don't guarantee and bear any responsibility of Its accuracy, refinement, usefulness, conformance to the constant purpose and all other matters of the contents of the Services, information about other coupon, trading conditions, sales period, price, information about the participation Merchants and other information However, this does not apply if there is an intentional or gross negligence on our part.
6. We do not guarantee a suitable operation of any device, equipment or software that member use to access our site. We don't have liability in changing or modifying the Service or etc, even if the device, equipment or software is not suitable for the use of the Service for member.
8. We do not bear expenses for the communication costs incurred in the Member using the Service.
9. By reasons attributable to the Member (including an error in the information that has been transmitted at the time of the coupon purchase), in cases when the receipt of the coupon by the Member is delayed or becomes disabled, or the Merchant Service is delayed or becomes disabled, we won't compensate for damages or disadvantages of the Member.
10. We won't compensate in any way for damages or disadvantages the Member suffer due to harmful emails, etc. or computer viruses that is sent from WEB site, server, domain, and other things relating to the Service
11. We won't compensate in any way for the Member's damages or disadvantages caused by failure of communication line or computer or interruption or delay of the system due to a high concentration of accesses. Nor will we compensate any loss of data, damage caused by unauthorized access, etc., to the data, any disadvantages or damages caused to the Member in relation to the Service.
12. In any case our responsibility to our Member is the sale price of the coupon, which is set at the maximum amount we will compensate. We will not compensate for any loss in profits, indirect damages, special damages and/or the damage of the attorneys' fees of the Member. However, this does not apply if the Member is damaged because of our intentionally or grossly negligence.
13. This section defines all responsibility of the Service resulting or relating with the Service to the Member and we won't have any liability or responsibility to other things caused by any reason.
Article 13 (About Compensation For Damages)
Article 14 (About Governing law and Jurisdiction)
This Agreement, governed by Japanese law shall be interpreted on the basis of the Japanese law. Moopon and the Member hereby consent to and confer exclusive jurisdiction upon Hiroshima Summary Court or the Hiroshima District Court (according to the lawsuit amount) over any disputes arising out of or relating to this Agreement.