Terms and Conditions
I.N.G. Co., Ltd. (hereinafter referred to as “the Company”) has established the terms of use (hereinafter referred to as “these Terms”) of the crowdfunding service “FUNADE” (hereinafter referred to as the “Service”) provided by the Company as follows.
Users of the Service (hereinafter referred to as “Users”) shall use the Service in accordance with these Terms after accepting the contents of these Terms, and the User shall be deemed to have accepted the contents of these Terms by using the Service, and a contract shall be concluded between the Company and the User to the content of the provisions of these Terms.
Article 1 (Definition)
The significance of the following terms of these Terms, regardless of their normal usage, shall be as follows in particular:
| (1) | This site: Refers to the web page where this service is posted. |
| (2) Main | member: This user who has completed membership registration on this site. |
| (3) | Crowdfunding: This collectively referred to as crowdfunding conducted by main members using the Service. |
| (4) | Project: A project that is carried out by the crowdfunding support fund recruited by the project manager on this site. |
| (5) | Project manager: The general manager who executes the project, recruits supporters, dispatches return goods, etc. |
| (6) | Supporter: A main member who agrees with the project and contributes support to the project. |
| (7) | Support money: Money that the supporter contributes to the project manager through the Service. |
| (8) | Return goods: Goods and services provided to supporters by the person in charge of the project in response to the support money. |
| (9) | “All-or-Nothing method”: A project is established when the support money for the project reaches the target amount, and if the support money does not reach the target amount within the recruitment period, the projectis not approved. |
| (10) | “All-in method”: A project in which a projectis established when the support money for the project reaches 1 yen. |
Article 2 (Member Registration)
| 1. | Applicants who wish to use this service are required to apply for membership registration by entering the information necessary for membership registration in the input form provided by this site and sending it to the Company. |
| 2. | Membership registration shall be completed by the Company approving the application set forth in the preceding paragraph. |
| 3 | The Company may refuse to approve membership registration if it is determined that the applicant falls under any of the following: In addition, if it is refused, the Company shall not be obligated to disclose the reason for refusal to the applicant.
| (1) When it is found | that the member registration has been canceled due to a violation of the terms and conditions in the past |
| (2) If | you have failed to fulfill your obligations to the Company in the past |
| (3) When it | is determined that it violates Article 10 of these Terms of Use |
| (4) When it | is found that there is a false description in the application information |
| (5) When | it is found that the Service may be used for criminal acts or financing terrorist organizations |
| (6) In | addition, when the Company deems that membership registration is not appropriate |
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| 4. | The User who has completed membership registration is deemed to have expressed and warranted that he/she does not fall under any of the preceding paragraphs. |
Article 3 (Management of IDs and Passwords)
| 1. | The Main Member who has completed membership registration under the previous Article is obliged to appropriately manage the ID and password for logging in to this site granted by the Company so as not to be used illegally by a third party. In addition, it is prohibited to transfer, lend, or use your ID and password to a third party without our permission. |
| 2. | The Company shall not be liable for any loss of ID and password to a third party due to the willfulness or negligence of the Member, thereby causing damage to the Member himself/herself. |
Article 4 (Changes in Registration Details)
| 1. | In the case of a change in the registration information provided to the Company at the time of membership registration, the Member shall promptly perform the procedure for changing the registration information on the prescribed page of this site and provide the Change Information to the Company. |
| 2. | The Company and the person in charge of the project shall not be liable for any loss such as not receiving return goods due to failure to change the registration contents. |
Article 5 (Registration of Projects)
| 1. | If you wish to crowdfund as a project manager, you must apply for registration for the project in the way specified separately by the Company on the Site. |
| 2 | When registering a project, the User shall comply with the following conditions, and in the event that the Company determines that the project is contrary to this, the Registration may be refused, and the Project may be discontinued at the company’s discretion even if these are found after registration. The Member agrees in advance that the Company is not obligated to explain the reasons for refusal of registration or cancellation of the project to the project manager.
| (1) Membership | registration stipulated in Article 2 has been completed. |
| (2) The | person in charge of the project must be between the ages of 18 and 29. In addition, if you are old enough to obtain the consent of a legal representative under laws and regulations, you will need the consent form of the legal representative when registering the project. |
| (3) The person in | charge of the project has registered as a resident in Japan, and must have a telephone number that can be contacted during the company’s business hours, a bank account in the name of the person responsible for the project (limited to banks with branches in Japan), and identification documents (licenses, etc.) issued by Japanese public institutions. |
| (4) | The project and return goods must be acts or goods that do not require any qualifications, licenses, or permissions under laws and regulations or international treaties. For example, the handling of used goods, alcoholic beverages, foods, pharmaceuticals, etc. is not limited to this. |
| (5) | The project and return goods are not deemed to be criminal acts, similar acts, or inappropriate for the protection and development of youth. |
| (6) The | project and return goods do not infringe any rights such as portrait rights, privacy rights, intellectual property rights, etc. of third parties that the project manager has not obtained permission from. |
| (7) The | project and return goods shall not violate discrimination or human rights violations stipulated by laws and regulations under international treaties. |
| (8) The | project and return goods are not provided by third-party products or services that the project manager has not obtained permission from. |
| (9) | The project and return goods are not related to political or religious activities. |
| (10) | The target amount of the project does not exceed 20,000,000 yen. |
| (11) | Post “Notation based on the Act on Specific Commercial Transactions” on the project page. |
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| 3. | When registering a project, if the User wishes to have a paid option specified by the Company, it is necessary to conclude an implementation agreement for the paid option in consultation with the Company separately. |
Article 6 (Project Support)
| 1. | If the Main Member wants to provide support for a project registered under the previous Article, the Project Manager may apply for support in the way specified by the Company within the support period specified individually. Once the assistance has been completed, the supporter cannot cancel the support. |
| 2. | If the Company determines that the application for assistance set forth in the preceding paragraph is an application for mischievous purposes, if the supporter falls under the conditions for suspension of membership stipulated in Article 11, or if the credit card information, etc. cannot be used to debit the support money, the Company may cancel the application, and the Company shall not be liable for any damage incurred by the supporter who made the application. |
| 3. | When an application for support from the supporter is concluded, a contract between the supporter and the project manager shall be concluded on the condition that the project is executed correctly using the support money according to the contents announced by the project manager, and that a return item is sent to the supporter. |
Article 7 (Establishment and Cancellation of Projects)
| 1 | The project will be completed if the following conditions are met, and otherwise it will be closed and will be treated as canceled.
| (1) | In the case of the “All-or-Nothing method”, it is established when the target amount is reached within the recruitment period set for each project. |
| (2) In | the case of the “All-in method”, it is established when the support money reaches1 yen regardless of whether or not the target amount is reached. |
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| 2. | If the project is completed, the project manager shall grant the Company the authority to receive support money from the supporter on behalf of the company, and the Company shall transfer the support money to the bank account registered by the project manager after the following day of the month following the month in which the support money paid by the supporter through the settlement agency is deposited to the Company, after the necessary deductions under the tax law such as withholding tax. In that case, the Company shall bear the transfer fee. |
| 3. | If a return item to the supporter is clearly stated in the project, the project manager shall ship the return item at his/her own risk according to the specified shipping schedule without delay. In addition, the project manager shall be responsible for all nonconformance of contracts and the obligation to respond to inquiries regarding return goods, and the Company shall not be involved in any of them. In addition, if personal information such as the address of the supporter is required for shipment, the project manager shall acquire the personal information by the method specified by the Company, and the project manager may use the personal information only
for the shipment procedure of the return goods. In addition, the supporter agrees in advance that his/her personal information may be used to send return goods by the project manager. |
| 4. | In the event that the project is canceled due to a project inso way, the contract between the members stipulated in Article 6, Paragraph 3 shall cease to be effective retroactively at the time of conclusion of the contract, and the Company shall take responsibility for refunding the support money already settled by the settlement agency company to the supporter. In that case, the Company shall bear various expenses such as transfer fees.
In the refund procedure, the supporter shall promptly provide the information necessary for the refund procedure, and if more than 6 months have passed since the date of the project failure without providing information or replying from the supporter, the supporter will be deemed to have delegated the disposition
of the support money to the Company. |
Article 8 (Disputes between Members)
In principle, all processing of rights and obligations between members due to contracts between members stipulated in Article 6,3 shall be handled between said members, and with regard to disputes between members a result of these, the Company shall provide support to both members as necessary for the resolution of such members.
Article 9 (Prohibited Matters)
The Main Member shall not perform the following acts when using the Service.
| (1) | Use of the Service for illegal purposes |
| (2) Infringe | on the property rights, portrait rights, privacy rights, intellectual property rights, and any other rights of the Company or a third party. |
| (3) | Acts contrary to public order and morals. |
| (4) | Violate the honor or privacy of other main members. |
| (5) | Acts that do a disdoasy to the Company or a third party. |
| (6) Violate | various laws and regulations (including non-grammar such as business practices) |
| (7) To | engage in commercial activities other than the purpose of the Service without the permission of the Company. |
| (8) Interfering | with the operation of the Service |
| (9) | Registering false content in member information |
| (10) Post | and post personal information of third parties without the permission of the person, pornography images (including illustrations), slandering third parties, and those deemed inappropriate due to socially accepted beliefs on this site. |
| (11) | Other acts that the Company deems inappropriate. |
Article 10 (Elimination of Antisocial Forces)
| 1 |
The Main Member shall not fall under any other person (collectively referred to as a “gang member, etc.”), such as a person who has not passed five years since the person who is acting on his/her own agent or intermediary is not currently an organized crime group, an organized crime group member, an organized crime group member, an organized crime group related company, a general meeting house, etc., a semi-gre, a social movement, etc. or a special intelligence violence group, etc., and that it does not fall under any of the following, and that it will not apply in the future:
| (1) | The project is recognized | as being under the control of gang members, etc.
| (2) Having | a relationship that is recognized as using | organized crime group members, etc. unjustly, such as for the purpose of attempting the wrongful profit of one’s own company or a third party or for the purpose of causing damage to a third party
| (3) | Having a relationship that is recognized as providing funds, etc. to organized crime group members, etc., or providing convenience, etc. |
| (4) A | person who is substantially involved in the management of the company or has a socially reprehensible relationship with an organized crime group member, etc. |
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| 2. | If the Company or a settlement agency determines that there is a risk of violating the statement or agreement set forth in the preceding
paragraph, the Company may temporarily suspend the membership for investigation. |
Article 11 (Withdrawal)
| 1. | If the Member makes a prohibited matter stipulated in Article 9, or if he/she violates the statement or agreement set out in the previous Article, the Company may immediately cancel the member’s qualification and discontinue the project without notice, thereby claiming such damage to the Member if the Company or a third party suffers damage.
In addition, the settlement of the support money already contributed by the supporter will be suspended, and no compensation will be made from any person
even if the main member suffers damage as a result. |
2. If the Member wishes to withdraw at his/her own will, he/she may proceed with withdrawal by the method prescribed by the Company, but if the Main Member is in charge of the project, withdrawal shall be reserved until the execution of the project and the shipment of return goods are completed, and the contract between the members stipulated in Article | 6,3 | shall also survive until the completion of their implementation. |
Article 12 (Handling of Personal Information)
| 1 | The Company may only use personal information provided by the User (name, address, telephone number, e-mail address, date of birth, gender, credit card information, financial institution account information, etc.) for the following purposes.
| (1) | Use to the extent necessary to provide this service, such as project support and shipment of return goods |
| (2) | Project promotion activities |
| (3) | Responding to inquiries about the Service |
| (4) | Various operational communications and information provision related to the Service |
| (5) Questionnaire | survey and analysis for quality control of the Service |
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| 2. | The Company shall appropriately manage personal information in accordance with the Privacy Policy established by the Company, and shall not provide personal information to a third party without the permission of the member except to the minimum extent necessary, such as the shipment of return goods stipulated in Article 7, Paragraph 3. |
| 3. | If the Member is a corporation, corporate information may be used in addition to the purpose set forth in Paragraph 1. |
Article 13 (Confidentiality)
The Member shall not disclose or leak all confidential information about the Company and other Members obtained in connection with the use of the Service to a third party without the written consent of the other party.
Article 14 (Intellectual Property Rights, etc.)
| 1. | All intellectual property rights related to the Site and the Service shall belong to the Company or a third party licensed by the Company, and the Main Member shall not acquire any rights related thereof. |
| 2. | The rights to the work posted on this site in connection with the project shall belong to the project manager or the author those licensed by the project manager, but these rights processing shall be carried out at the responsibility of the project manager, and if there is a complaint from a third party to the Company, the project manager shall handle all such works. |
Article 15 (Suspension of the Service)
The Company may suspend or suspend the service in whole or in part without prior notice to the User for the purpose of updating or maintaining the Site or the Service, or resolving problems such as equipment or line failure.
Article 16 (Disclaimer)
| 1. | The Company shall not be liable for any damages a result of contracts between the Main Members due to crowdfunding, the execution of projects, or the use of the Service for which the Company has no cause of return. |
| 2. | The Company does not guarantee the accuracy of the translation for overseas users of this site, and the Company shall not be liable for any disputes between the Main Members due thereo. |
| 3. | The Company shall be exoner as force majeure in the case of riots, uprisings, fires, floods, storms, explosions, wars, epidemics, government measures, labor disputes, earthquakes, interruptions in telecommunications services or Internet access, or other causes beyond our reasonable control. |
| 4. | The Company shall not be liable for any damage incurred by the Main Member due to defects in the Member’s own line or computer equipment. |
Article 17 (Prohibition of Transfer of Rights and Obligations)
The Member may not transfer all or part of the rights or contractual position acquired based on the use of the Service to a third party without the prior written consent of the Company.
Article 18 (Changes to these Terms of Use)
The Company may change these Terms of Use without prior notice to the Main Member. If the Member uses the Service after the change of these Terms, the Member shall be deemed to have agreed to the revised Terms.
Article 19 (Applicable Laws and Courts of Competent Jurisdiction)
The governing law of these Terms shall be The Laws of Japan, and if there is a need to liti so on, the Tokyo District Court shall be the exclusive jurisdictional court of the first instance.
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