SukimaShopping
The terms and conditions outlined in this document (hereinafter referred to as the "Terms of Use") constitute an agreement between Buganda, Inc. (hereinafter referred to as the "Company"), users who request a purchase consignment (hereinafter referred to as "Customers"), and users who purchase products on behalf of the Customers on consignment from the Company (hereinafter referred to as "Sukima Workers") via Sukima Shopping, a service (hereinafter referred to as the "Service") provided by the Company.
Please be sure to read the Terms of Use in its entirety before registering to use the Service. In addition, the rules regarding the use of the Service posted on the Company's website constitute a part of these Terms of Use.
The Service is a service to purchase and ship products on behalf of the Customers
Customers and Sukima Workers who use the Service described in the preceding paragraph must complete their user registration process as stipulated in the following Article
Customers agree in advance that the Company may outsource all or part of the operations related to product purchases to Sukima Workers
Those who wish to use the Service shall register as a user in the manner prescribed by the Company upon agreeing to the Terms of Use.
A person who has submitted the user registration form (hereinafter referred to as "Applicant") becomes a registered user upon the Company's approval of such registration. At that point, a contract for use of the Service is formed between the user and the Company in accordance with the various provisions of the Terms of Use, and the user may use the Service in the manner prescribed by the Company.
If the Applicant is a minor, he/she must obtain the consent of a legal representative such as a person with parental authority (including consent to the Terms of Use) before using the Service. Similarly, if the Applicant is a person under curatorship or assistance, he/she shall obtain the consent of his/her curator or assistant, respectively. In addition, if a user who was a minor at the time of consenting to this Terms of Use uses the Service after reaching adult age, or if a user who was a person subject to conservatorship or assistance uses the Service after becoming competent to act, the user shall be deemed to have additionally approved the act of usage of the Service while the user was a minor, a person subject to conservatorship, or a person subject to assistance.
If any of the following conditions applies to an Applicant, the Company may, at its discretion, refuse to approve the Applicant's registration without disclosing the reason. In addition, even after approving the registration, the Company may take measures such as suspension or termination of the user registration if the Company determines that any of the following applies to the Applicant:
When an Applicant has submitted the user registration form without following the prescribed procedures
If the Applicant is a minor, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, curator, or assistant
If the Applicant is an adult ward
If the Company determines that the Applicant is an anti-social force, etc., or is involved in any interaction or involvement with anti-social forces, etc., such as cooperating or being involved in the maintenance, operation or management of anti-social forces, etc., through provision of funds or favors, etc.
If the Applicant is a former User whose registration has been terminated due to violation of the Terms of Use, or the terms of use of other services operated by the Company in the past
When all or part of the registration information provided to the Company is false
If the Company deems the Applicant’s registration information to be inappropriate
Users shall register true and accurate information about themselves when registering to become a user and using the Service, and they shall update their registered information without delay in accordance with the procedures prescribed by the Company if any of the registered information changes.
If the Company determines that the Service is being used for illegal or improper purposes, the Company shall temporarily suspend a user's account, suspend consignment or order processing, and take any other measures that the Company deems appropriate, and may also report the matter to the police and other relevant authorities. The user may not hold the Company legally liable for such measures, except in cases of willful misconduct or gross negligence on the part of the Company.
Users shall manage their own accounts at their own risk and shall not lend their accounts to others or share them with others.
The user shall be responsible for any and all actions taken using his/her device or account, regardless of who actually uses the device or account, and shall indemnify the Company or any third party for any damages incurred by the Company or any third party as a result of such actions.
Customers may entrust the Company with the purchase of products through the Service.
Customers shall pay the necessary fees and commissions for the purchase of products in a manner determined by the Company. If a valid payment is not made by the Customer, the Company shall have no obligation whatsoever.
Once payment has been made in accordance with the preceding paragraph, the Customer may not cancel the consignment in whole or in part for any reason.
Customers and Sukima Workers shall be responsible for preparing the necessary equipment, internet access, and communication fees that are necessary for using the Service at their own expense.
The Company shall, at its discretion, have the authority to assess the suitability of a Sukima Worker, and any person wishing to become a Sukima Worker shall cooperate with the Company’s KYC process by submitting the necessary documents. Even after the user starts working as a Sukima Worker, the Company may assess the suitability of the Sukima Worker as needed.
In the event that the Company deems that a prospective Sukima Worker does not meet our criteria and cannot work as a Sukima Worker, the Company may reject the user’s application to become a Sukima Worker without disclosing the reason. In addition, if the Company determines that the user is no longer fit to work as a Sukima Worker after starting work as a Sukima Worker, if the user does not fulfill his/her duties as a product purchasing agent, if the user does not respond to communications from the Company or the Customer for more than 5 days, or if the user falls under the prohibited items in the following article, the Company may temporarily suspend or terminate the membership of the Sukima Worker in question.
The user who accepts the purchase of goods through the operation prescribed by the Service shall be legally obligated to perform the prescribed purchase of goods as a Sukima Worker.
In the event that a Skimmer Worker fails to perform the product purchase service within the period specified by the Company even though the Skima Worker has accepted the consignment, the Sukima Worker shall be liable to the Company for all damages (including, but not limited to, the amount equivalent to compensation if the Company has provided compensation to the Customer) caused by such failure to perform the product purchase service.
The Company shall pay the remuneration determined by the Company to the Sukima Worker who completes the purchase of goods. However, the Sukima Worker may not claim payment of compensation from the Company until the total amount of compensation reaches 5,000 yen. In addition, the Company may deduct a settlement fee determined by the Company in executing the remuneration payment.
Customers and Sukima Workers shall not engage in any of the following acts when using the Service:
Violate the Terms of Use
Violate any laws, regulations, or ordinances
Acts that interfere with the provision of the Service
Criminal acts, acts that lead to or encourage criminal acts, or acts that have the potential to do so
Acts that damage or may damage the credibility of the Service
Usage of the Service for commercial purposes, or acts in preparation for such activities
Acts that infringe or may infringe the rights or interests of the Company or a third party
Modifying, altering, disassembling, decompiling, reverse engineering, or otherwise modifying the Service
Acts that are offensive to public order and morals, or other acts that the Company deems inappropriate
If a Customer or Sukima Worker commits any of the acts enumerated in the preceding paragraph, the Company reserves the right to suspend provision of the Service to the Customer or Sukima Worker and terminate his/her registration for the Service without any notice or demand to him/her.
All copyrights, trademarks, patents, design rights, know-how, and all other intellectual property rights related to the Service and the content shall belong to the Company or a third party with legitimate authority, and no rights shall be granted. Customers and Sukima Workers shall not reproduce, duplicate, modify, publicly transmit, or otherwise use the information provided by the Service beyond the scope of personal use without the Company's permission.
If a Customer or Sukima Worker breaches the Terms of Use and causes damages to the Company as a result, the Customer or Sukima Worker shall compensate the Company for all or part of such damages.
The Company shall not be liable for any damages caused by force majeure beyond its control, including but not limited to earthquake, lightning, fire, windstorm, flood, power failure, natural disaster, or spread of infectious disease.
The Company shall compensate for any direct and ordinary damages incurred by the Customer due to the Company's intentional or gross negligence in connection with the Customer's use of the Service. In such a case, the amount of compensation to be paid by the Company shall be limited to the amount of the fees paid by the subject Customer to the Company.
This Article shall apply to all compensation for damages regardless of the cause of claim, such as default of obligation, liability for noncompliance with contract, infringement of rights of a third party, or any other cause of claim.
The Company shall not be obligated to arbitrate or compensate for any trouble between Customers or between Customers and Sukima Workers, and any such trouble shall be resolved at the responsibility and expense of the Customer.
The Service shall operate in accordance with the terms and conditions posted on the Company's website.
The Company shall not warrant the operation of the Service beyond the scope of the preceding paragraph, nor shall the Company warrant the suitability of the Service for the user’s purpose of use, nor shall the Company warrant the accuracy or reliability of the results of the usage.
The Company may, at its sole discretion, change or modify the specifications of the Service, change the method of distribution, etc., disallow the usage of the Service, or change, suspend, or terminate the Service. In no event shall the Company be liable for any damages incurred by the Customer or Sukima Worker as a result thereof.
In the event of periodic or emergency maintenance of facilities necessary for operating the Service, in the event of failure of such facilities, or in any other cases deemed necessary by the Company, the Company may suspend the the Service without prior notice to the Customer or Sukima Worker. The Company shall not be liable for any loss or damage incurred by the Customer or Sukima Worker as a result of such suspension.
The Company's handling of the personal information and other related information of Customers and Sukima Workers shall be governed by the Privacy Policy separately stipulated by the Company, and Customers and Sukima Workers agree to the Company's handling of personal information in accordance with this Privacy Policy.
The Company may, at its discretion, use and disclose information and data, including personal information, provided by the Customer or Sukima Worker to the Company as statistical information in a form that does not identify the individual, and Customers and Sukima Workers shall not object to the Company's use and disclosure of such information and data.
If the Company deems it necessary to contact a Customer or Sukima Worker, the Company shall, in principle, contact the Customer or Sukima Worker at the e-mail address or cell phone number registered at the time of membership registration.
Notices from the Company to Customers or Sukima Workers shall be deemed to have arrived after the period of time that should normally elapse from the time the Company sends the notice.
Unless otherwise stipulated in the Terms and Conditions, a Customer or Sukima Worker may cancel his/her membership at any time by following the procedures specified by the Company.
In the case of the preceding paragraph, if there are any debts owed to the Company, the Customer or Sukima Worker shall be obligated to immediately pay all debts owed to the Company.
If a user's registration is cancelled in accordance with Paragraph 1, all rights to use the Service will be terminated, and the Company may delete the user's registration
information, history of use of the Service, and any other information regarding the user. The Company shall not be obligated to restore the user's registration information, transaction history, or any other information for any reason whatsoever.
Once a user's registration has been cancelled, it is irrevocable.
Any payment obligations owed by the Company to a user at the time of cancellation shall be extinguished upon cancellation of the user's registration.
The Company may, at its own discretion, change the Terms of Use without obtaining individual user’s consent in any one of the following cases:
When the modification of the Terms of Use is in the general interest of Customers and Sukima Workers
If the modification of the Terms of Use is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content, and other circumstances pertaining to the modification
When modifying the Terms of Use pursuant to the preceding paragraph, the Company shall make the contents of the modified Terms of Use and the effective date of the modification known to the public by posting the modification within the Service, on the Company's website, or by any other method the Company deems appropriate.
When a Customer or Sukima Worker uses the Service after a change in the Terms of Use takes effect, the Customer or Sukima Worker is deemed to have agreed to all of the Terms of Use after the change.
Customers and Sukima Workers may not transfer or assign any rights or obligations under the Terms of Use to any third party.
If any provision of the Terms of Use is held to be contrary to the law, the portion of such provision that is interpreted as being contrary to the law shall not apply to the contract between the Company and the Customer or the Sukima Worker. However, even in such a case, the validity of other provisions of the Terms of Use shall not be affected. And in such a case, the Company and the Customer or Sukima Worker shall consult with each other to ensure the purpose of the Terms of Use and the same legal and economic effect with respect to any provision or portion of the Terms of Use that is held to be contrary to the law.
The Terms of Use shall be governed by and construed in accordance with the laws of Japan. In the event that a lawsuit based on or related to these Terms of Use arises between the Company and a user, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
If any matter is not stipulated in these Terms of Use or any question arises regarding the interpretation of these Terms of Use, the Company and the Customer or Sukima Worker shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith and faith.
Date of Enactment August 31, 2023