BENLY, Inc (hereby known as "the Company") has established the following "BENLY Express Usage Agreement" ("the Agreement") for members who utilize the overseas forwarding service managed by the company ("the Service").
It is further possible to establish a separate agreement under the Company's discretion and that this separate agreement shall be composed into a single contract with the Agreement. Members must consent to all of these when utilizing the Service.
Article 1: Membership
- Members are those who have consented to the Agreement and enrolled in order to utilize the Service managed by the Company.
- Members must not have a third party utilize the Service or loan, transfer or buy/sell the Service.
Article 2: Revisions to Terms and Condition
The Company may modify the Agreement without prior consent. In the event that the Agreement is altered, all items pertaining to the Service shall conform to the modified agreement.
Article 3: Membership Applications
- Candidates seeking membership ("Membership Candidates") shall apply for themselves to enroll. In the event that a Membership Candidate is a minor then the candidate shall be offered an application upon receipt of a parent or guardian's consent.
- The Company may refuse admission if it is revealed that the Membership Candidate qualifies under one of the following reasons. Furthermore, admission may be revoked even following enrollment.
- If a Membership Candidate is a minor and cannot receive parental or guardian consent
- If a Membership Candidate had his or her membership qualifications removed in the past
- If a Membership Candidate included falsehoods or errors in the items reported to the Company
- If the Membership Candidate neglected to pay debts to the Company
- If the candidate is deemed unfit for other reasons by the Company
Article 4: Changes to Details Provied, etc.
- Members shall report any changes to the items on the application immediately following prescribed protocols.
Article 5: Handling of Personal Data
The Company may utilize members' personal information for the following intentions.
- Member management
- Conducting promotions, giveaways or questionnaires
- Selling or providing products, rights, digital content, services or financial products (hereafter referred to as "products and other services") offered by the Company or a third party
- Notifying members of important matters in relation to the running of online services (including via email) -Advertising, promoting or soliciting sales of products and other services offered by the Company or a third party (including via email)
- Sending out email newsletters
- Packaging, shipping products billing and invoicing
- Publishing information posted by members
- Dealing with inquiries and providing after-sales services
- Conducting research and analysis on marketing data and developing new services
- Compiling statistics and other data for provision to partner companies specified by the Group or the Company (hereafter referred to as "partner companies")
Article 6: Cancellation fo Membersihp
- Members may unsubscribe from the group following prescribed procedures.
- When unsubscribing, the member ID as well as password shall be rendered unusable.
Article 7: Contents of theService
- The Service is for the Company to accept products that members bought from mail-order merchants or distributors from within Japan and act as a forwarding intermediary in order to deliver the order to the member.
- The Company is not a concerned party for sale contracts regarding products purchased by members and shall assume no responsibility for any product defects or intellectual property rights violations.
- The Company is not a concerned party for a freight contract regarding products purchased by members and shall assume no responsibility for any damages that occur during transport or nondelivery. Members shall confer to the Company with the authority to execute shipping contracts under the member's name.
Article 8: Products excluded from the Service
Members may not utilize the Service for the following products.
- Credit cards, cash cards and other card varieties
- ATM cards or other banking cards
- Savings/deposit books or withdrawal cards issued by a financial institution
- Food, drink or other items susceptible to deterioration in quality or decomposition
- Stimulants, cannabis, narcotics, psychotropic substances or any other illegal drugs
- Guns, swords or other weaponry, gun powder or other explosives, poisons or other deleterious substances
- Pharmaceuticals or medical equipment
- Child pornography, adult videos or other materials of an obscene nature
- Any items obtained through illegal, fraudulent, unjust or otherwise dishonest means or methods
- Items whose transport, export and import are prohibited or restricted in accordance with the law in the importing or exporting country, state or local government (including intermediate countries)
- Any other items not authorized under the carrier's terms of shipping
- Items without a clearly visible company name or written indication that they are addressed to the Company
- Correspondence or other means of communication currently defined by law as correspondence
- Live animals or plants, dead animals or stuffed specimens
- Human bodies, human body parts, dead bodies, human remains or mortuary tablets
- Any other items deemed to be inappropriate by the Company
Article 9: Disposal of Undeliverable Items
The Member shall select the following options and notify the Company via email when receiving products defined in Article 8.
For returns, support shall be decided based on the retailer's usage agreement. If it cannot be returned it will be disposed of by the Company.
Article 10: Changes to or the Suspension of the Service
The Company may modify or repeal the contents of the Service at anytime without getting members' consent. The Company shall not assume any responsibility even if the modifications or repeals cause a disadvantage or damage to the member.
Article 11: Govering law and Jurisdictional Court
- The Agreement conforms to Japanese law.
- The Tokyo District Court shall have exclusive jurisdiction of the first instance over disputes arising in connection with the Agreement.