Terms of Membership of POR

In these “Terms of Membership of POR” (hereinafter referred to as “These Terms”), the relationship about rights and obligations between “the Florever Co., Ltd.” (hereinafter referred to as “the Company”) that operates “Website of Florever” (hereinafter referred to as “This Site”) and user who signs up with and uses Pre-Order system that the Company provides through This Site (hereinafter “Pre-Order system provided through This Site” is referred to as “POR”, and “user who signs up with POR” is referred to as “Member”).

WHEN YOU SIGN UP WITH AND USE POR, PLEASE READ THESE TERMS CAREFULLY AND AGREE WITH ALL PROVISIONS OF THESE TERMS.

* Translations of the Japanese version of These Terms

Article 1. (Range of Application) 1-1. The Company states the relationship about rights and obligations between the Company and Member in These Terms, and These Terms shall be applied to any relationship between the Company and Member relevant to using of POR. 1-2. “Website Policy of Florever” (hereinafter referred to as “Site Policy”) and “Privacy Policy of Florever Co., Ltd.” (hereinafter referred to as “Privacy Policy”) complements and constitutes a part of These Terms. Article 2. (Conditions of Use) 2-1. Only Members is able to browse and use POR. Member is able to search commercial products that the Company sells (hereinafter referred to as “Products”), to check selling price of the Products, and to pre-order the Products (including payment, dispatch, cancel, etc. related to the pre-order). 2-2. Member shall take self-responsibility for pre-order of Products and other inquiry, etc. through POR. In addition, in the case where Member obtain and use information related to stock of Products from the Company through POR, the Company assumes no liability for any damages that arise from the use of the information. 2-3. The Company gives no guarantee about correctness, veridicality, recency, etc. of all information provided to Member through POR. 2-4. Despite Products that has been pre-ordered through POR, Member is unable to order the Products (including payment, dispatch, cancel, etc. related to the order) through POR. 2-5. The Company assumes no responsibility for storing, saving and managing of all information that is displayed and saved on POR of Member. In the case where the information related to POR is lost by occurrence of any matters such as communication failure, etc., the Company assumes no liability for the loss of the information except an effort for recovering POR. Article 3. (Registration) 3-1. Applicant who hopes to sign up with POR (hereinafter referred to as “Applicant”) both shall agree with and comply with These Terms and shall apply to sign up with POR by providing information related to him/her (hereinafter referred to as “Registered Information”) through methods that the Company specifies. In addition, the Company is able to require Applicant to submit attachment document such as a certificate of the registered matters. 3-2. The Company judges whether to accept the application to register of Applicant of previous section, and when the Company accepts his/her application, the Company notifies accordingly to him/her. 3-3. Applicant officially becomes Member and he/she is able to use POR based upon These Terms at the time that the Company sends the acceptance notice of previous section. 3-4. The Company is able to reject the registration application by Applicant who falls under the following circumstances. However, the Company does not disclose reason of the rejection to him/her. (1)　 In the case where any error, omission or false exists in his/her Registered Information; (2)　 In the case where the Company judges he/she falls under the following person (hereinafter referred to as “Anti-Social Forces”) ① Person who belongs to gang group, company related to gang group, or other organizations that conform to the left items; ② Person who does or makes third party does any act to make an unreasonable or illegal request, to use violence act or threatening behavior, to cause damage to credit or obstruction of business by spreading false rumor or using fraudulent means; ③ Person who has deep relationship with person who falls under the previous two items economically or financially, such as to provide the person with funds or benefits, to use the person for the purpose of obtain illegal benefit, etc.; (3)　 In the case where he/she has been in breach of contract with the Company, or the Company judges that he/she has relationship with someone who has been in breach of contract with the Company; (4)　 In the case where he/she has been penalized based upon Article 7; (5)　 In the case where the Company judges him/her to be unsuitable as Member; Article 4. (Change of Registered Information) 4-1. Member shall keep his/her Registered Information accurate and updated. In the case where the need to change or modify the Registered Information arises from any reasons, he/she shall change or modify his/her Registered Information immediately through method that the Company specifies. Article 5. (Maintenance of Account, etc.) 5-1. Member shall specify his/her own Email address as login-ID of POR. In addition, he/she shall also specify letter string which is difficult for third party to guess as password of POR. 5-2. Member shall maintain his/her login-ID and password (hereinafter referred to as “Account”) for login POR closely. 5-3. In the event of accordance between Account entered by anyone in using POR and the Account of previous section, the Company deems such using to be by the Member who maintains the Account. 5-4. Member must not assign, transfer, etc. his/her Account of POR to any third party. In addition, Member must not both make any third party use of his/her Account and use POR for the benefit of third party. 5-5. Member shall pay all damages, costs and expenses caused by inaccurate maintaining of, error or omission in using of his/her Account. 5-6. In the case either where Member forgets his/her Account, where he/she perceives that his/her Account is used by any third party, or where the need to change or modify all or part of his/her Account arises from any other reasons, he/she shall apply to reissue Account by method that the Company specifies. Article 6. (Withdrawal) 6-1. Member who hopes to withdraw from POR shall apply to withdraw by method that the Company specifies. 6-2. In the case where Member applies to withdraw from the Service for Members, the Company is able to delete all or part of both Registered Information and other information related to him/her at the time of completion of the application. 6-3. Even if Member who applies to withdraw from POR or any third party suffers damages arising from the deletion of Registered Information, etc. and any other acts that the Company performs in association with the withdrawal, the Company assumes no liability for the damages. 6-4. Member who applies to withdraw from POR shall lose all rights related to using of POR at the time of completion of the withdrawal procedure. 6-5. In the case where Member who applies to withdraw from POR has any debt to the Company at the time of completion of the application, he/she shall forfeit the benefit of time about and pay all of the debt immediately. Article 7. (Penalty against Member) 7-1. In the case where Member falls under the following, the Company is able to suspend his/her using of POR, or disqualify him/her as Member without any notice. (1)　 In the case where he/she violates the provisions of Article 2 and Article 3 of Site Policy; (2)　 In the case where he/she violates any of the provisions of These Terms; (3)　 In the case where the fact that his/her Registered Information contains false facts, etc. reveals; (4)　 In the case where any of his/her payment has been suspended or has become impossible, where Commencement of Bankruptcy Proceedings, civil rehabilitation proceedings, company reorganization procedure, special liquidation, or other proceedings and procedures that conform to the left items is/are filed; (5)　 In the case where he/she falls under any of the provision of section 3-4; (6)　 In the case where he/she disobeys any instruction related to important things about POR by the Company; (7)　 In the case where the Company deems him/her to be unsuitable as Member; 7-2. In the case where Member who has been penalized by the Company based upon this article suffers damages arising from the penalty, the Company assumes no liability for the damages. 7-3. The provisions from section 6-2 to section 6-5 shall apply correspondingly to a procedure toward the Member disqualified from Membership. Article 8. (Modify and Termination of Content of POR) 8-1. The Company is able to modify the contents of POR or terminate providing POR in accordance with convenience of the Company. If the Company terminates providing POR, the Company notify accordingly to Member in advance. 8-2. In the case where Member suffers damages arising from the measure by the Company based upon the previous section, the Company assumes no liability for the damages. Article 9. (Confidentiality) 9-1. Member must not disclose and compromise information both what the Company discloses to him/her and what the Company requests him/her to keep confidential to any third party; provided, however, that this shall not apply to the case where the Company permits the disclose in advance. Article 10. (Treatment of Registered Information) 10-1. The Company treats personal information based upon Privacy Policy. Member acknowledges and agrees that his/her Registered Information is treated as personal information based upon the Privacy Policy. Article 11. (Change of These Terms) 11-1. The Company is able to change These Terms without any prior notice toward Member. 11-2. In the case where the Company changes These Terms, the Company is able to conclude at the time of completion of uploading and displaying on This Site. 11-3. In the case where Member uses POR after the change of These Terms, the Company deems that he/she acknowledges and agrees with the change of These Terms. Article 12. (Method of Notice) 12-1. Method of notice from the Company to Member including notice related to These Terms shall be by displaying on This Site, sending E-mail to address that he/she specifies and other method that the Company judges appropriate. Article 13. (Applicable Language) 13-1. Translations of the Japanese version of These Terms shall be provided for Members’ and Applicants’ convenience only. If difference or contradiction between the translation versions and the Japanese version exists, the Japanese version of These Terms shall prevail. Article 14. (Assignment of Rights and Obligations of These Terms) 14-1. Member must not assign, transfer, grant of security and other acts about his/her rights and obligations stated in These Terms to any third party. 14-2. In the case where the Company has assigned business operation related to POR to third party, the Company is able to assign rights and obligations of the Company that are stated in These Terms and all Registered Information of Members to the counterparty. Member shall preliminarily acknowledge and agree with the assignment of the business, etc. In addition, the assignment of business operation of this section contains not only normal assignment of business operation but also company split, consolidation of companies, and all other case where the operation is assigned. Article 15. (Jurisdiction/Governing Law) Article 15. (Jurisdiction/Governing Law) 15-1. These Terms are governed by and construed in accordance with the Laws and regulations of Japan, without reference to principles of conflicts of laws. In addition, even if trading of goods arises in association with POR, Member acknowledges and agrees that “UN Convention on Contracts for the International Sale of Goods (CISG)” does not apply to the trading. 15-2. In the case where all disputes association with These Terms, Tokyo district court shall have competent and exclusive jurisdiction for the first instance. Establishment Date: September 22nd, 2018

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