terms of service
CROIX Co., Ltd. (hereinafter referred to as "the Company") establishes the terms of use (hereinafter referred to as "these Terms") for the services (hereinafter referred to as "the Service") provided on its websites and mobile sites (hereinafter referred to as "https://omusubeat.com/").
Please also refer to the "Notation based on the Act on Specified Commercial Transactions," "Privacy Policy," and "Shipping Policy" separately established by the Company.
The content of these Terms is as follows:
Article 1 (Scope of Application of these Terms)
These Terms shall apply to the provision and use of the Service by the Company and the customer (including viewers of the "omusubeat official website" and users who purchase products on the said site).
For services provided by the Company other than the Service, the terms of use for those services separately established by the Company shall apply, and these Terms shall not apply unless otherwise specified in those terms.
Article 2 (Amendment of these Terms)
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The Company may change these Terms at any time if any of the following items apply. In such cases, the amended Terms shall apply to the provision and use of the Service after the change of these Terms. (1) When the change of these Terms conforms to the customer's interests. (2) When the change of these Terms is not contrary to the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change.
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When changing these Terms, the Company shall determine the effective date and notify the customer of the content of the amended Terms and the effective date by posting them on the Company's website or by other methods deemed appropriate by the Company, such as email, by the time the effective date arrives.
Article 3 (Use of the Service)
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Customers shall use the Service in accordance with these Terms, after agreeing to these Terms.
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If a customer is a minor, they shall use the Service after obtaining the consent of their legal representative.
Article 4 (Member Registration)
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When using the Service, customers shall apply for member registration through the Service. When applying for member registration, please read the input precautions carefully and accurately enter the required information into the prescribed input form. When a member registration application is made, if the Company approves it, it will send a registration confirmation email, and the applicant will be registered as a member when that email is received.
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The Company may not approve a member registration application if the customer who applied for member registration (hereinafter referred to as "Member Registration Applicant") falls under any of the following items: (1) The application content of the Member Registration Applicant contains false information. (2) The Member Registration Applicant is a minor and made a member registration without the consent of a legal representative. (3) The Member Registration Applicant has previously received measures such as suspension or cancellation of membership for the Company's services. (4) The Member Registration Applicant falls under anti-social forces as defined in Article 18. (5) The Company reasonably determines that it is otherwise inappropriate to approve the member registration application.
Article 5 (Management of Login Information)
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Customers shall strictly manage their email address and password (hereinafter referred to as "Login Information") at their own responsibility.
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Customers shall not lend, transfer, sell, disclose, or share their Login Information with any third party.
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The Company shall identify customers using the entered Login Information by a prescribed method, and all declarations of intent by the identified customer shall be regarded as declarations of intent by the customer themselves. However, this does not apply if a third party uses the customer's Login Information due to reasons attributable to the Company.
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If a customer discovers that their Login Information has been used fraudulently by a third party, they shall immediately contact the Company and follow the Company's instructions if any.
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The Company shall not be liable for any damages arising from insufficient management of the customer's Login Information, errors in use, or unauthorized use by a third party. However, this does not apply if reasons attributable to the Company are recognized.
Article 6 (Changes to Registration Information)
If there are any changes to the customer's address, name, phone number, or any other information registered with the Company, the customer shall immediately change the registered information by the method separately designated by the Company. The Company shall not be liable for any damages incurred due to the failure to register changes, except in cases where there are reasons attributable to the Company.
Article 7 (Purchase of Products)
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Customers may apply to purchase products using the Service in accordance with the method separately stipulated by the Company.
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A sales contract for products between the Company and the customer shall be established when the Company sends a notice accepting the application mentioned in the preceding paragraph.
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The ownership of the products shall transfer to the customer when the Company delivers the products to the shipping carrier.
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After the sales contract is established, the Company will proceed with the product delivery in accordance with the order details. In addition, the customer acknowledges in advance that delivery may be delayed depending on the delivery region and delivery status.
Article 8 (Payment Methods)
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The payment amount for products shall be the total of the purchase price of the products including consumption tax and local consumption tax, shipping fees, and handling charges related thereto.
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Payment for products purchased through the Service shall be limited to the payment methods separately approved by the Company. (Currently under preparation; will be posted as soon as it is finalized.)
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When paying by credit card, the customer shall comply with the terms separately agreed upon with the credit card company. If any dispute arises between the customer and the credit card company, etc., in connection with the use of the credit card, the customer and the credit card company shall resolve it responsibly.
Article 9 (Termination of Contract)
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The Company may terminate a sales contract for products between the Company and the customer if any of the following events occur: (1) The customer violates these Terms. (2) The product is out of stock and cannot be easily delivered. (3) Delivery cannot be made due to an unknown address or long-term absence (except for reasons attributable to the Company). (4) The product is not received for a certain period (except for reasons attributable to the Company). (5) A minor purchased the product without the approval of a legal representative.
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The customer agrees in advance that for terminations based on any of the preceding paragraphs (excluding those based on item 2), the customer shall bear the refund processing fees for refunds made by the Company to the customer and the shipping costs for returning the product to the Company, and if the Company pays these costs, the Company may claim an amount equivalent to the paid amount from the customer.
Article 10 (Order Cancellation, Returns, and Exchanges)
The conditions and procedures for order cancellations, returns, and exchanges shall be in accordance with the "Return Method" or "Notation based on the Act on Specified Commercial Transactions" separately stipulated by the Company.
Article 11 (Withdrawal)
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If a customer wishes to withdraw, the customer themselves shall perform the withdrawal procedure separately designated by the Company. Withdrawal will be completed after the prescribed withdrawal procedure is finished.
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After withdrawal, the customer loses all rights as a member.
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The Company may retain customer information for a certain period after the customer's withdrawal, in accordance with applicable laws and regulations.
Article 12 (Suspension of Service Use, Cancellation of Member Registration, and Indemnification Obligation)
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The Company may, without prior notice or demand, suspend the use of the Service by the customer or cancel the customer's membership if the Company determines that the customer falls under any of the following: (1) Made a false declaration when applying for member registration. (2) Delayed payment for products or committed other defaults. (3) Committed fraudulent acts in the use of the Service. (4) A minor registered as a member or used the Service without the consent of a legal representative. (5) Previously received measures such as suspension of use or cancellation of membership for the Company's services. (6) Obstructed the Company's operations. (7) Falls under anti-social forces (including cases of violating Article 18). (8) Otherwise violated laws or these Terms, or there is a risk thereof. (9) Otherwise reasonably deemed inappropriate as a member by the Company.
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Even if the customer suffers any damage as a result of the Company taking action based on the preceding paragraph, the Company shall not be liable for damages, compensation, indemnification, or any other responsibility, except in cases where there are reasons attributable to the Company.
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If the Company and a third party suffer damage due to the customer falling under any of the items in Paragraph 1 due to the customer's willful misconduct or negligence, the customer shall be responsible for compensating for that damage.
Article 13 (Handling of Member Information)
The Company handles information about customers in accordance with its separately established privacy policy.
Article 14 (Prohibited Acts)
Customers shall not engage in the following acts.
(1) Acts that violate laws or these Terms or other Company regulations.
(2) Acts that infringe upon the rights, interests, honor, etc., of the Company, other customers, or third parties, or acts that may cause such infringement.
(3) Acts that cause inconvenience to the Company, other customers, or third parties, or acts that may cause such inconvenience.
(4) Acts contrary to public order and morals, or acts that may be contrary to public order and morals.
(5) Acts that obstruct the operation of the Service, or other acts that may hinder the Service.
(6) Acts that damage the Company's credibility, or acts that may damage it.
(7) Placing a large volume of orders at once.
(8) Purchasing products through the Service for the purpose of resale, re-sale, or other commercial purposes.
(9) Entering information containing false or misleading content.
(10) Purchasing products by impersonating a third party.
(11) Sending or writing harmful computer programs, emails, etc., to this site.
(12) Illegally accessing the Company's servers or other computers.
(13) Lending, transferring, selling, disclosing, or sharing login information with a third party.
(14) Illegally applying for or holding multiple member registrations.
(15) Acts that damage or discredit the Company.
(16) Any other acts that the Company reasonably deems inappropriate.
Article 15 (Interruption/Suspension of the Service, etc.)
To ensure that the Service is always available in good condition, the Company may, without prior notice, interrupt or suspend the provision of all or part of the Service if necessary for regular or emergency system maintenance, if the system becomes overloaded, if the Company determines that the operation of the Service is hindered, if it becomes necessary to ensure customer security, or if it otherwise deems necessary. The Company shall not be liable for any damages incurred by the customer as a result, except in cases attributable to the Company.
Article 16 (Disclaimer)
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The Company shall not be liable for any damages, losses, or disadvantages directly or indirectly incurred by the customer in connection with the use of the Service due to acts of God, power outages, system interruptions, delays, suspensions, data loss due to communication line or computer failures, unauthorized access to data, or other reasons not attributable to the Company.
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If a customer causes any damage to a third party by using the Service, the customer shall resolve such matter at their own responsibility and expense, and shall not cause any damage or loss to the Company.
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The Company does not guarantee the accuracy, up-to-dateness, usefulness, reliability, or any other aspect of the content of the information provided on the website, in emails, or elsewhere.
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The Company may change or discontinue the structure, terms of use, URL, content, etc., of the website without prior notice.
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The Company shall not be liable for any damages incurred by the customer or a third party due to the customer's violation of these Terms or other Company regulations.
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In cases of unknown delivery addresses, etc., the Company shall be deemed to have fulfilled its obligations and shall be exempt from liability by processing administrative matters in accordance with the information registered by the customer.
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Even if the Company is held responsible, unless there is intentional misconduct or gross negligence on the part of the Company, the Company's liability shall be limited to direct and ordinary damages actually incurred by the customer, up to the equivalent of the product price.
Article 17 (Intellectual Property Rights)
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All rights (including, but not limited to, copyrights, trademark rights, all other intellectual property rights, ownership rights, portrait rights, publicity rights, etc.) related to the wording, images, designs, and other content and data used in the Service belong to the Company or other legitimate right holders, and customers shall not infringe these rights.
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If a problem arises between a right holder or a third party and the customer in violation of the provisions of this Article, the customer shall resolve the problem at their own responsibility and expense and shall not cause any damage, loss, or disadvantage to the Company, except when it is attributable to the Company.
Article 18 (Exclusion of Anti-Social Forces)
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The customer shall warrant the following: (1) They have no connection whatsoever with organized crime syndicates, members of organized crime syndicates, companies or organizations related to organized crime syndicates, corporate racketeers, political activity-fronting groups, special intellectual crime groups, or other equivalent entities or their members (hereinafter referred to as "Anti-Social Forces"), and that they will not be classified as Anti-Social Forces in the future. (2) They will not engage in violent acts, fraudulent or threatening acts, obstruction of business, or other illegal acts against the Company, either by themselves or by using a third party. (3) They will not allow Anti-Social Forces to use their name, or use the Service for the benefit of Anti-Social Forces.
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If the customer violates the warranty in the preceding paragraph, the Company may, without any notice or demand to the customer, terminate the sales contract with the customer, delete the member registration, and take other measures stipulated in these Terms.
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The customer shall compensate the Company for any damages incurred by the Company arising from or in connection with the customer's violation of the warranty in Paragraph 1.
Article 19 (Severability)
Even if any provision of these Terms or a part thereof is determined to be invalid or unenforceable by laws, regulations, or notifications, the remaining provisions and parts of these Terms shall continue to be in full force and effect.
Article 20 (Prohibition of Assignment of Status, etc.)
Customers shall not assign or pledge to a third party their status as a member concerning the Service and the rights and obligations based on that status, unless the Company has given prior written consent.
Article 21 (Good Faith Consultation)
Regarding the use of the Service, if any problem arises that cannot be resolved by these Terms or the Company's guidance or response, the Company and the customer shall discuss it in good faith and resolve it.
Article 22 (Governing Law and Agreed Jurisdiction)
The governing law for these Terms shall be Japanese law. Furthermore, for all disputes arising in connection with the use of the Service (including court mediation procedures), the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance with agreed jurisdiction.
Addendum
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Enactment Date: [March 24, 2026]