JSA Webdesk Services Terms of Use
May 29, 2017
These Terms of Use (hereinafter referred to as "these Terms") set forth the terms and conditions for using the services that the Japanese Standards Association (hereinafter referred to as "JSA") provides in connection with JSA Webdesk operated by JSA. If you do not agree to these Terms, you may not use the services that JSA provides in connection with JSA Webdesk. If you use JSA Webdesk, you are deemed to have agreed to these Terms.
Chapter 1 General Provisions
Article 1 (Definitions)
In these Terms, the following terms have the respective meanings set forth below.
- The term "the Site" refers to JSA Webdesk (URL: https://webdesk.jsa.or.jp/books/W11M0010), a website on the standards and books managed by JSA.
- The term "you" refers to any user of the Site.
- The term "the Service(s)" comprehensively refers to the service(s) that JSA provides to you through the Site. The Services include E-book Delivery Service and Online Shopping Service, the details of which are described on the explanation screen on the Site.
- The term "E-book Delivery Service" refers to a service JSA offers on the Site by delivering and licensing publications such as standards in the form of electronic files such as PDF files (hereinafter referred to as "E-books").
- The term "Online Shopping Service" refers to a mail-order service through the Site that uses the Internet to sell products (products sold through Online Shopping Service shall be referred to as "Products Sold Online" below), excluding E-books, such as the standards provided in the preceding Paragraph 4.
Article 2 (Application and Scope of these Terms)
- These Terms shall apply to your use of the Site and the Services.
- These Terms constitute an agreement between you and JSA with respect to the provision and use of the Site and the Services, and you shall comply with these Terms when using the Site or the Services.
- In addition to these Terms, JSA may establish Terms of Use for individual services (hereinafter referred to as "Individual Terms"). In cases where Individual Terms differ or conflict with these Terms, Individual Terms shall prevail to the extent applicable.
- If any provision of these Terms is held to be invalid by laws and regulations or a court judgment, the remainder of these Terms shall remain in effect.
Article 3 (Amendments to these Terms)
- JSA may amend these Terms at any time, without obtaining your prior consent, by providing a notice on the Site.
- If these Terms are amended, you agree in advance that the amended Terms shall apply to the use of the Services after the date of amendment.
Article 4 (Personal Information)
- JSA will handle your personal information obtained through the Services in accordance with the "Personal Information Protection Policy" separately posted on the Site.
- When disclosure is requested by an administrative or judicial agency or by a third party in compliance with laws and regulations, JSA may disclose necessary information in accordance with such request.
Article 5 (Operating Environment of the Services)
The terminals, related equipment, software, and other operating environments necessary for using the Services shall be prepared at your expense and responsibility.
Article 6 (No Transfer of Rights and Obligations)
You shall not transfer or have a third party succeed to your rights or obligations under these Terms or use the same for the purpose of providing collateral.
Article 7 (Intellectual Property Rights)
- All copyrights and other intellectual property rights relating to the text, images, videos, data and software, etc. contained on the Site (hereinafter referred to as the "Content") are the property of JSA or their owners. You must not use the Content contained on the Site without the consent of JSA.
Article 8 (Prohibitions)
You shall not perform any of the following acts:
| (1) | Acts that infringe or are likely to infringe intellectual property rights including copyrights and trademark rights of JSA or third parties, as well as other rights or interests; |
| (2) | Acts of using the Services by impersonating another person or by registering false information regarding you (including the unauthorized use of the email addresses and passwords of other users), or the act of using another person's credit card fraudulently; |
| (3) | Unauthorized use of the Services by unpermitted means, such as by sending computer viruses, worms, Trojan horses or other malware, trespassing or placing a burden on network capacity: |
| (4) | Attempts to use the Site by port scanning, impersonating another, or guesswork; |
| (5) | Acts of creating a direct link to pages, files and images on the JSA site; |
| (6) | Acts that are or are likely to be offensive to public order or morals; and |
| (7) | Acts that violate or are likely to violate any laws, regulations, or ordinances. |
Article 9 (Changes, Interruptions and Termination of the Services)
- JSA may add, downsize or change the content of the Services at any time without notice.
- JSA may suspend the Services for the purpose of the maintenance, inspection, and recovery of the system by which JSA operates the Services. In such case, JSA will give notice on the Site to the extent it is possible for JSA to do so.
- JSA will have no liability to you even if you are unable to use the Services due to the change or suspension thereof.
Article 10 (Restriction and Suspension of Use of the Services)
| 1. | In the event that you fall under any of the following cases, JSA may immediately restrict the scope of the Services available to you or suspend the Services: | ||
| (1) | The payment for E-books, Products Sold Online and training programs that were ordered by you in the past has been delayed; | ||
| (2) | You breach these Terms or there are reasonable grounds to believe that you may have breached Article 8, or Article 10, Paragraph 2 of these Terms; or | ||
| (3) | In other cases where JSA determines that it is necessary to restrict or suspend your use of the Services. | ||
| 2. | In using the Site, you represent to JSA that you meet all of the following and are committed to maintaining the same in the future. Those who are unable to make or who become unable to make such representation and affirmation shall not be regarded as a user. | ||
| (1) | You do not fall under the category of Organized Crime Group, Organized Crime Group members, persons who were previously members thereof within the past 5 years, Organized Crime Group quasi-members, Organized Crime Group-related companies, corporate racketeers and the like, groups that disguise themselves as social activists or special intelligence Organized Crime Group, or any other persons equivalent thereto (collectively referred to as "Anti-Social Forces"), and you do not fall under any of the following items: | ||
| 1) | Have a relationship whereby your business management is found to be controlled by Anti-Social Forces; | ||
| 2) | Have a relationship whereby your business management is substantially involved with Anti-Social Forces; | ||
| 3) | Have a relationship that is found to exploit Anti-Social Forces, with an intention to confer improper benefits on yourself, your company or a third party, or inflict loss on a third party; | ||
| 4) | Have a relationship whereby you are found to be involved in providing financial assistance, etc., or conveniences to Anti-Social Forces; or | ||
| 5) | An officer, or a person who is substantially involved in your business management has an antisocial relationship with Anti-Social Forces. | ||
| (2) | You do not conduct any act that falls under any of the following items personally or by using a third party: | ||
| 1) | Making a violent demand; | ||
| 2) | Making an unreasonable demand clearly exceeding legal responsibility; | ||
| 3) | Using threatening language or violence in the course of a transaction; | ||
| 4) | Harming the reputation or interfering with the business of JSA by spreading rumors or using fraudulent means or force; or | ||
| 5) | Any other activities similar to 1) to 4) above. | ||
Article 11 (Disclaimer and Limitation of Liability)
- JSA will make every effort to ensure the accuracy of inventory information, the appearance of book designs, page counts and other specifications, price information, dates of publication, dates of release and other information on E-books and Products Sold Online, and any other information provided on the Site, but there is no guarantee that the information provided is accurate or correct. If the information on E-books or Products Sold Online that is posted on the Site differs from the picture or is changed, such case shall be handled in accordance with these Terms and the explanation screens.
- The sites on the other end of links to domains that do not include jsa.or.jp have nothing to do with the Services. JSA is not responsible for information contained on external sites on the other end of links.
- E-books and Products Sold Online may contain content that is subject to restriction under the laws and regulations of individual countries, or that may exceed the scope of socially accepted practices in terms of religion, culture, custom, etc. When you take E-books or Products Sold Online outside Japan, you shall be responsible for confirming the existence/non-existence of these issues. JSA will have no liability to you for providing response, support and compensation, etc. upon the occurrence of such issues.
- If JSA fails to perform its obligations, or suspends or ceases to provide all or part of the Services due to the enactment, amendment, or abolition of laws and regulations, notices or guidance by government agencies, natural disasters such as earthquakes and floods, wars, riots and terrorism, fires and power outages, telecommunication line failures, transport accidents and disruptions, a supplier's default, or any other force majeure, JSA shall be exempted from the resulting liability for the damages you suffer.
- JSA assumes no responsibility other than as set forth in these Terms and Individual Terms.
Article 12 (Methods of Notices)
| 1. | JSA will notify you through any of the following methods designated by JSA: | ||
| (1) | Sending an e-mail to the e-mail address you have registered. An e-mail notification shall be deemed to have been delivered to a member at the time it is transmitted outside of JSA's mail server system; | ||
| (2) | Making a phone call to the phone number you have registered; | ||
| (3) | Sending materials to the residential address you have registered; or | ||
| (4) | Making an announcement on the Site. | ||
| 2. | You shall make notifications, inquiries, complaints, etc. to JSA by using the inquiry form on the Site. | ||
Article 13 (Payment of Purchase Price)
- Product prices will be displayed on the explanation screen of individual products at the time you order and make an application for them. Further, the prices of any optional services associated with shipping fees, commissions and other services will be displayed on the screen of the product you have selected.
However, you shall be responsible for taxes, customs duties and other costs incurred outside Japan. - JSA will provide the product you have ordered at its price at the time of placement of the order, and changes in product prices due to price revisions, changes in schedule prices, etc. that are made after the purchase order is placed will not be applied to the purchase price, in principle. (However, if JSA determines that it is necessary to make prior confirmation with you as to whether you agree to the change, JSA will either deliver the product or cancel the order in accordance with your response.)
- You shall select a method of payment from among the options presented when placing an order (if you are presented only one payment method, you shall follow the specified method), and shall pay for the ordered product, delivery charge, commission, optional service charge, etc. accordingly.
- If you pay by credit card, in addition to these Terms, you shall be governed by the agreement on the use of the credit card entered into with your credit card company. If a dispute arises between you and your credit card company on the use of the credit card, you are responsible for resolving the dispute with your credit card company and shall not make any claims to JSA. JSA will not become involved in the settlement of disputes and otherwise between you and the credit card company.
Article 14 (Applicable Law)
Japanese law shall be applied with respect to the effect and interpretation of these Terms.
Article 15 (Court of Competent Jurisdiction)
Any disputes relating to the Services and these Terms shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance.
Article 16 (Amendment to these Terms)
JSA may change all or part of these Terms, without your prior consent, upon providing notice on the Site.
