Terms of service

XR-Trend Site Terms of Use (Translation version)

This XR-Trend Site Terms of Use ("Terms of Use") set forth the terms and conditions that shall be complied by the user (“User”) of the XR-Trend site ("Site") provided by NAGASE & CO., LTD. ("Nagase"). The User shall be deemed to have agreed to this Terms of Use at the time of use of the Site.

Article 1 (General Provisions)

1.

This Terms of Use are for the terms and conditions of use of the Site and the rights and obligations between Nagase and the User and shall apply to all relationships between Nagase and the User with respect to the use of the Site.

2.

In the event of any difference between the contents of the Terms of Use and the descriptions of the Site, this Terms of Use shall prevail.

Article 2 (Registration)

1.

At the Site, there are common services for all Users and exclusive services for Users who have registered as members in accordance with procedures designated by Nagase ("Member(s)").

2.

In the event that a person, who wishes to register as a Member or is an existing Member, falls under any of the following conditions, Nagase may reject the registration or cancel the registration and shall not be obliged to disclose the reason thereof to the applicant or the existing Member.

(a)

In the event any false statement, error, or omission is made in all or part of the registered information provided to Nagase.

(b)

A minor, an adult ward, a person under curatorship, or a person under assistance who has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant;

(c)

When Nagase judges that the person is an anti-social force (meaning an organized crime or illegal group, a member of an organized crime or illegal group, a rightist group, an anti-social force, or any other person equivalent thereto; the same shall apply hereinafter) or is engaged in any interaction with or involvement in the maintenance, operation, or management of an anti-social force through the provision of funds, etc.

(d)

Other cases where Nagase judges that registration is not appropriate.

Article 3 (Management of Password and User ID)

1.

The Member shall, at its own responsibility, appropriately manage and preserve passwords and User IDs relating to the Site and shall not allow a third party to use them, or transfer, lend name, or sale them to a third party.

2.

The Member shall assume responsibility for damages caused by inadequate management of passwords or User IDs, errors in use, use by third parties, etc.

Article 4 (Information posted on the Site)

“Third Party Information” in this Terms of Use means that any information (including but not limited to company information, product information and advertisements) provided and posted on the Site by a third party, and disclosed or provided to Users. Third Party Information shall be provided at the responsibility of the registered and posted third party. In addition, Nagase does not warrant the authenticity, accuracy, update, usefulness, reliability, legality, and non-infringement of the third party's rights in the Third Party Information. Nagase shall not be liable for any damage caused by the contents of the Third Party Information or the use thereof by Users.

Article 5 (Nagase’s Right to the Contents)

1.

The User shall not copy, transmit (including making transmittable), distribute, assign, lease, lend, translate, adapt, make secondary use, license, or commercialize ("Infringement") the Site or Nagase’s software or the content contained therein (in whole or in part), except with our prior consent.

2.

The User shall not make any Infringement of the Third Party Information unless the consent of the provider of the Third Party Information is obtained.

3.

In the event that a User violates this Article and infringes rights of Nagase or a third party, Nagase shall have the right to cease and desist the violation, to prohibit the use of anything caused by the violation, to demand the elimination of the result caused by the violation, and to claim compensation for damages, losses or costs caused by the violation. For the avoidance of doubt, if the User uses the Third Party Information without the consent of the provider, Nagase shall not be obligated to suspend or remove the violation in question on behalf of the provider, nor shall Nagase assume any liability whatsoever to the provider. The provider shall handle and resolve the Infringement by the User at its own cost and responsibility.

Article 6 (Exemption)

Nagase shall not be liable for any damages, losses or costs arising from the use of the Site (any and all damages, including business interruptions, mental damages, or other pecuniary damages, losses, and costs; hereinafter referred to as "Damages" in this Terms of Use). In addition, Nagase shall not be liable for any of the following damages, whether indirectly or directly:

(a)

Any damages caused by any change, interruption, suspension, or termination of the provision of the Site in whole or in part;

(b)

Any damages caused by, virus which cannot be prevented by measures that should be taken normally, unauthorized access, acts of God, or other causes not attributable to Nagase , such as earthquake, lightning strike, fire, storm and flood damage, power failure, or natural disaster ("Force Majeure");

(c)

Any damages for use of external sites and damages arising out of or in connection with external sites which links are made from the Site to the external sites or resources ("External Sites") or from External Sites to the Site; or

(d)

Other damages incurred by Users due to using the Site.

Article 7 (No Warranty)

NAGASE DOES NOT MAKE WARRANTIES THAT;

(a)

NO DEFECTS, ERRORS OR FAILURES IN THE PROVISION OF THIS SITE;

(b)

ALL INFORMATION OBTAINED FROM THIS SITE SHALL BE ACCURATE; OR

(c)

PRODUCTS, SERVICES, INFORMATION, ETC., OBTAINED ON THE SITE AND VIA THE SITE SHALL SATISFY THE EXPECTATIONS OF THE USER.

Article 8 (Interruption and Termination of the Site)

In the event of any of the following, Nagase may suspend or terminate all or a part of the services or information relating to the Site without prior notice to the Members:

(a)

In the event of urgent inspection or maintenance of the computer system relating to the Site;

(b)

Failure to operate the Site due to failure, malfunction, excessive concentration of access, unauthorized access, hacking of the computer, communication line, etc.;

(c)

In the event the Site cannot be operated due to Force Majeure; or

(d)

Other cases where Nagase deems it necessary to suspend or terminate.

Article 9 (Right to Delete Registration)

In the event the Member falls into any of the following, Nagase may temporarily suspend the use of the Site or cancel its membership registration without prior notice or demand:

(a)

In the event of a breach of any provision of this Terms of Use;

(b)

In the event of a violation of any law or regulation or an act against public policy;

(c)

Where false facts are found in registration information;

(d)

In the event the Site has not been used for more than six months;

(e)

No response for more than 30 days is made to an inquiry or other Nagase's request for reply; or

(f)

In other cases where Nagase has determined that the use of the Site or continued registration as a member is not appropriate.

Article 10 (Withdrawal)

1.

A Member may withdraw from the membership and cancel its membership upon completion of procedures designated by Nagase.

2.

The handling of User information after withdrawal shall be in accordance with the provisions of Article 11.

Article 11 (User Information)

1.

The handling of User information by Nagase shall be governed by the provisions of privacy policy (https://www.nagase.co.jp/english/privacy/), and the Member agrees that Nagase shall handle the User information of the Member in accordance with this privacy policy.

2.

Nagase may, at its discretion, use and disclose the information or data provided to Nagase by the Members as statistical information that cannot be identified by any individual, and the Members shall not object thereto.

Article 12 (Alteration of Rules and Regulations)

1.

In the event that (i) it conforms to the general interests of the User, or (ii) it does not contravene the purpose of the Site and the content of the modification or change is reasonable, the Terms of Use (including other rules and regulations to be posted on the Site; hereinafter the same shall apply in this paragraph) may be changed without the consent of the User pursuant to Article 548-4 of the Civil Code. In the event of any change to the Terms of Use, Nagase shall notify the effective date and contents of the amended Terms of Use by posting them on the Site or by other appropriate means or notify the User in advance.

2.

In addition to the preceding Article 12-1, Nagase may change this Terms of Use with the consent of the User if Nagase deems it necessary. In the event of any change to this Terms of Use, Nagase shall inform the User of the effective date and contents of the amended Terms of Use by posting on the Site or by other appropriate means, or notify the User in advance of such change. In the event that the User uses the Site after the effective date of the amended Terms of Use or fails to implement the procedures for cancellation of registration within the period specified by Nagase, the User shall be deemed to have consented to the amended Terms of Use.

Article 13 (Notice)

1.

Inquiries regarding the Site and other communications or notices from the Members to Nagase, as well as notices of changes to the Terms of Use and other communications or notices from Nagase to the Members shall be made in the manner designated by Nagase.

2.

In the event that Nagase have contacted or notified the e-mail address or other contact information included in the registration information of the Member, the Member shall be deemed to have received such contact or notice.

Article 14 (Entire Agreement and Severability)

This Terms of Use, any other rules or individual consent of the User constitutes the entire agreement between Nagase and the User with respect to the Site. Partial consent or rejection is not permitted. In addition, even in the event any provision or part of Terms of Use is found to be invalid or unenforceable, the remaining Terms of shall remain in full force and effect

Article 15 (Succession to Agreement on Use at Time of Transfer of Business)

In the event any right or business relating to the Site is transferred from Nagase to others in whole or in part, all such rights shall automatically be transferred to the transferee.

Article 16 (Governing Law, Jurisdiction)

This Terms of Use shall be governed by and construed in accordance with the laws of Japan. All disputes, controversies, or differences which may arise between the Nagase and the User, out of or in relation to or in connection with this Terms of Use, or for the breach thereof, shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 17 (Language)

In the event of any difference in interpretation or inconsistency between the Japanese version and the translation version to English or other languages of this Terms of Use, the Japanese version shall prevail.

[1st Edition of the Terms of Use: Established and enforced on February 15, 2021]