Terms of Service
These Terms of Service (hereinafter referred to as the “Terms of Service”)set forth the conditions of use of the web service “warikan” (hereinafter referred to as the “Service”) provided by Innovator Japan Inc. (hereinafter referred to as the “Company”).
Any user of the Service (hereinafter referred to as “User”) must utilize the Service in accordance with these Terms of Service. By utilizing the Service, the User shall be deemed to have agreed to the Terms of Service.
Conditions of Use
Money collectors must register as Users using the method specified by the Company before utilizing the Service.
Users (money collectors and payers) must satisfy all of the following conditions:
- Users must have Bitcoin wallets
- Users must have Facebook accounts
Facebook social accounts are used to log into the Service. User must manage their Social Account ID and Password at their own responsibility and must not disclose their Social Account Password to anyone else.
In no event shall User transfer or lend an ID or Password to a third party. When a combination of ID and Password consistent with the registered information is used to log into the Service, the Company will deem that User who registered such ID himself/herself to be utilizing the Service. Users who discover unauthorized use of their ID must report that fact promptly to the Company.
The Company will not assume any responsibility for any losses Users may incur from reasons attributable to the social account manager.
Procedure for Utilization of the Service
The procedure of utilization of the Service shall be as set forth below. Further details will be separately stipulated and posted by the Company.
- After payers and money collectors have agreed to the utilization of the Service, money collectors shall create a new event on the Service in accordance with the procedure separately stipulated by the Company.
- Money collectors shall, in creating a new event, determine the amount of money collected (yen) and select payers from their Facebook friend list.
- The Company shall, after accepting a new event, calculate the amount (yen) payable by each payer by multiplying, by the number of payers, the amount of money collected (yen) plus the remittance charges of Bitcoin and the fees for use of the Services.
- The Company shall convert the amount payable by each payer (yen) to Bitcoin (at this point of time the conversion rate between yen and Bitcoin has been determined), and transmit to each payer an email requesting the payment.
- Payers shall, as set forth in the payment request, remit the specified number of Bitcoin into the intermediate wallet of the Service. Remittance charges shall be borne by payers.
- The Company shall, after confirming payments from all payers, remit to money collectors the remaining number of Bitcoins by deducting from the total of Bitcoins paid by payers the fees for use of the Service and the remittance charges.
The conversion rate between yen and Bitcoin under the Service shall be the rate determined by the Company at the time of transmission of a payment request by the Company to each payer.
Fee For Use of the Service and Cancellation
The fee to be received by the Company in consideration for use of the Service shall be separately determined and posted. Money collectors shall agree that the number of Bitcoins by deducting, from the total of Bitcoins remitted to the intermediate wallet, those equivalent to the fee for use of the Service and the remittance charges will be remitted to the money collectors themselves.
Bitcoins deposited with the Company in the intermediate wallet shall bear no interest.
Money collectors may not cancel utilization of the Service after having made an application for utilization thereof.
Prohibition of Wrongful Act
User must not commit any wrongful act in utilizing the Service. User must not destroy or interfere with the functions of the server and the network of the Company or conduct any act that may interfere with the operation of the Service by the Company.
When the Company finds any act of a User to be wrongful, the Company may prohibit or restrict such User from utilizing the Service without advance notice.
The Company shall not assume any liability for damages incurred by User resulting from such restriction on the utilization.
Discontinuation of Provision of the Service
The Company may discontinue or temporarily suspend the provision of the Service without advance notice to User in cases where the Company conducts maintenance and repair or renewal of the computer system for the Service or finds it difficult to provide the Service due to similar reasons. The Company shall assume no liability whatsoever for any disadvantages or damages incurred by User or a third party resulting from the discontinuation or suspension of the provision of the Service for any reason.
Protection of personal information
In addition, aside from personal information, the Company may collect historical or property-based information related to a User including used services, uploaded data files, date and time of use, manner or use, usage environment (including the communication mode of the terminal when a service is used through a mobile terminal and various setting information during use, etc.), the IP address, cookie information, positional information and the individual identification information of a terminal when a User uses a service or views a page of the Company or a Company affiliate.
Disclaimer and exclusion of warranties
While the Company exercises reasonable care in the provision of the Service, the Company offers no guarantees that the Service is free of factual or legal defect (including safety, reliability, accuracy, completeness, effectiveness, suitability for specific purposes, flaws relating to security, errors and bugs, rights infringements, and so on).
Furthermore, the Company assumes no responsibility whatsoever for any damages suffered by a User through the Service. However, in the event an agreement concluded between the Company and a User with regard to the Service (including these Terms of Service) constitutes a consumer contract as defined in the Consumer Contract Act, while the disclaimer provisions shall not apply, even in such cases, the Company shall assume no responsibility whatsoever for damages arising from special circumstances (including cases where either the Company or the User foresaw or could have foreseen the occurrence of such damages) in the event a User suffers damages due to default or illegal acts on the part of the Company arising from its negligence (except for gross negligence).
Also note that the Company is not responsible in any way for transactions, communications, conflicts or otherwise arising between a User and another User or third party in relation to the Service.
Notification and communication
Notification and communication between Users and the Company is carried out through the sending of email messages from the Company to Users’ registered email addresses. Unless a change notification submitted in a manner separately prescribed by the Company is received, the Company will regard a User’s currently registered email address as valid and continue to send notifications and communications to that address, and will regard such notifications and communications as having been received at the moment they are sent.
Modification of the Content of the Service and the Terms of Service
The Company is constantly engaged in modification and improvement of the Service and therefore the Company may, without notice to User, modify the content of the Service and the conditions for use, or discontinue providing the Service. The Company shall not assume any liability for damages incurred by User due to such modification or discontinuation of the Service.
Furthermore, the Company may modify these Terms of Service without notice to User, whenever the Company finds it necessary.
Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of Japan.
Any dispute arising out of or in relation to the Service shall be under the exclusive jurisdiction of the Tokyo District Court.
Established on July 1, 2016