Zaiko Terms of Service

 

This Terms of Service (hereinafter referred to as “Terms of Service”) set forth conditions for the use of the Services (hereinafter referred to as the “Services”) provided by ZAIKO PTE Ltd.

(hereinafter referred to as “ZAIKO”) and shall apply to all customers using the Services.

 

Article 1. (Definitions)

In this Terms of Service, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.

(1) Media

A person who sells tickets to the event organized by an organizer, as shown in the Services, to Customer (whether a corporation or an individual), and has completed registration

pursuant to Article 4.

(2) Organizer

A person who uses this service, organizes tickets to the event, and a person to appear to this service (whether a corporation or an individual).

(3) Customer

A person who purchases tickets to the event sold by the organizer throughout the Services.

(4) Intellectual Property Rights

Copyrights (including the rights as stipulated in Articles 27 and Article 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual

property rights (including the right to acquire such rights or the right to apply for registration of such rights), and ideas, know-how, etc.

 

Article 2. (Consent to the Terms of Service)

Customer shall use the Services in accordance with the Terms of Service and may not be able to use the Services unless Customer agrees to the Terms of Service. The contents stipulated in the documents distributed or delivered by ZAIKO with respect to the Services shall constitute a part of the Terms of Service with Customer.

 

Article 3. (Revision and Change of the Terms of Service)

ZAIKO may, at its own judgment, amend or add the contents of the Terms of Service at any time. Except as otherwise provided by ZAIKO, the Terms of Service after the change shall become effective when posted on the website operated by ZAIKO (https://zaiko.io) (including the domain after such change, if such domain or the contents of such website is changed for whatever reasons)).

If Customer continues to use the Services after changes to the Terms of Service, such Customer will be deemed to have agreed to the changed the Terms of Service. Customer, from time to time, is encouraged to review the latest Terms of Service Terms and Conditions and to use the Service.

 

Article 4. (Registration Procedures)

1. Customer may apply for membership registration by agreeing to the Terms of Service and providing registration information to ZAIKO.

2. ZAIKO, at our sole discretion, decides whether to accept or reject the application for registration with respect to the application for membership registration set forth in the preceding paragraph. Registration is completed upon notice from ZAIKO that registration was accepted, and Customer will acquire membership rights and qualifications.

3. Customer must provide true and accurate information when providing registration information. ZAIKO assumes no responsibility for any damages that may be incurred by Customer as a result of a false, incorrect, or missing in the registration information.

4. The registered customer shall notify ZAIKO of the change without delay in the manner separately designated by ZAIKO if there are any changes in the registration information. In the event that notice from ZAIKO is not delivered due to the failure to give such notice, such notice shall be deemed to have arrived at time as would normally have arrived.

 

Article 5. (Refusal of Registration)

ZAIKO may reject registration when a person who has applied for registration pursuant to Paragraph 1 of the preceding article (hereinafter referred to as the “Registration Applicant”) falls

under any of the following items.

(1) The person is either a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, a guardian, a curator, or an

assistant.

(2) If there is any falsity, error, or omission in the contents of the registration information

provided to ZAIKO

(3) When Registration Applicant has suspended or is currently suspended the use of the

Service, such as deletion of an account, in the past.

(4) When ZAIKO judges that the person is an anti-social force (meaning an organized crime group, a member of an organized crime group, a rightist group, anti-social forces, or any other people equivalent thereto) or that the person is engaged in any kind of exchange or involvement with an anti-social force by cooperating or participating in the maintenance, operation or management of anti-social forces through the provision of funds or other means.

(5) Otherwise, if ZAIKO has determined that the registration is inappropriate.

 

Article 6. (Account Management)

1. ZAIKO will grant the customer an account for the use of the Services upon the execution of this Service Agreement with the customer.

2. The Customer shall manage and store the account at its own responsibility and shall not allow a third party to use or lend, transfer, change the name of, buy or sell it. Upon verification of the accordance of such account, the registered customer is deemed to have registered to hold such an account and has used the Services.

3. Customer shall be responsible for any damages caused by inadequate management of the account or the use by a third party, and ZAIKO shall not be responsible for any damages.

4. Customer shall immediately notify ZAIKO and follow the instructions from ZAIKO if it is found that the account has been stolen or used by a third party.

 

Article 7. (Use of the Services by minors)

1. The customer of a minor shall obtain the consent of the legal representative of the person with parental authority when applying for membership registration and completing all buying procedures and settlement of tickets to the event through the Services. Upon the completion of membership registration by a minor or upon payment of the ticket to events by a minor for the Services, the use of the Services and the contents of the Terms of Service shall be deemed to have been agreed upon by the legal representative.

2. No juristic act may be revoked for the purchase and settlement of tickets to the event if the customer of a minor, without the consent of his or her legal representative, falsely believes he or she was given consent or misrepresents one’s age as an adult to use the Services to purchase and settle tickets to the event, or otherwise, uses fraudulent means to induce him or her to be believed that he or she is a qualified person with a juristic act.

3. Customer shall be deemed to have ratified any and all juristic acts with respect to the Services if the Customer, who was a minor at the time of agreement hereof, uses the Services after he or she has reached the age of consent.

 

Article 8. (Use of External Services, etc.)

1. Customer may be able to use the information registered in Customer’s external services (including, but not limited to, Facebook, Twitter) account for the purpose of registering and certifying the Services. In this case, Customer agrees to ZAIKO that ZAIKO will obtain registered information, including personal information, from external services.

2. In addition to the provisions in the preceding paragraph, in the event that the Customer uses the functions of the external services for the use of the Services, Customer shall comply with the Terms of Service and other conditions set forth in the applicable external services in addition to this Terms of Service.

3. The third-party providing such external services shall be responsible for the external service, and ZAIKO makes no warranty whatsoever with respect to the external service.

 

Article 9. (Contents of the Services and Compliance Requirements for the use of the Services)

1. The Customer shall use the Services in compliance with this Terms of Service and rules and regulations attached thereto in completing and paying the purchase procedures for tickets to the

event.

2. If the Customer purchases tickets to the event, the Customer shall carefully read the information on the events posted by the media and purchase tickets to the event under its own responsibility.

3. The Customer shall pay the purchase price of the tickets to the event to ZAIKO who has been granted the right to receive it from the Organizer on behalf of the Organizer in the manner specified by ZAIKO. Customer shall not pay directly to Organizer for tickets to the even purchased throughout the use of the Services.

4. A sales contract for tickets to the event is concluded between the Organizer and the Customer, and ZAIKO will not be a party to the sales contract for the ticket to the events.

5. The sales contract for tickets to the event is deemed to have been concluded between the Organizer and the Customer upon the confirmation of payment to the tickets to the event by customer and upon receipt of email With detailed information on the event or with code displaying the event from the Customer by ZAIKO.

 

Article 10. (Responsibility for sales of tickets to the event)

1. With respect to the sales of tickets to the event, any dispute or troubles between the Organizer and the Customer, and the Media and the Customer (including, without limitation, any problems arising from the inclusion of event information) shall be resolved at the Customer’s expense and responsibility, and ZAIKO shall not be held liable for any such disputes or problems.

2. In the event that ZAIKO incurs any costs (including, but not limited to, settlement fees, attorney’s; fees, etc.) necessary to resolve any disputes or troubles arising out of the sale of tickets to the event as set forth in the preceding paragraph, the Customer shall pay the amount specified by ZAIKO out of the costs related to such expenditure. The cost of payment shall be borne by the Customer.

 

Article 11. (Payment agency services)

1. In the event that the Customer wishes to purchase tickets to the events through the Services via media, ZAIKO will accept the payment for such tickets on behalf of the Organizer

(hereinafter referred to as the “Product Price”).

2. ZAIKO will make payment by way of remittance to the account designated by the Organizer for the period separately set forth by ZAIKO after deducting the fees set forth by the Organizer and ZAIKO, with respect to Product Price, received on behalf of ZAIKO in accordance with the preceding clause, and will reflect the amount of the aforesaid commissions to be received by the media to the media’s Wallet on the Services for the period separately set forth by ZAIKO.

 

Article 12. (Cancellation, and Refunds)

  1. ZAIKO will not refund any tickets to the Customer for any reason, except when required by the Consumer Contract Act or other laws.
  2. When the event organizer makes the decision to refund due to event cancellation, we will refund the ticket price. Transfer and platform processing fees are non-refundable. The explanation on how to receive a refund in case of cancelation by the organizer will be sent by e-mail to purchasers. Whether the Organizer refunds the ticket price or not, and the amount and timing of the refund shall be determined by the Organizer’s own discretion. In the event that the Organizer makes the decision to refund the ticket price, such a refund will be processed, at the earliest, the end of the month following the scheduled event date.
  3. In the event, the ticket price is refunded according to the preceding paragraph, there could be additional fees set in force by ZAIKO. This could include early payment penalties.
     

Article 13. (Intellectual Property Rights, etc.)

1. All intellectual property rights to the Services shall belong to ZAIKO or to a third party lawfully licensed to ZAIKO, and the Customer shall acquire only the right to use the Services by entering into this Agreement and shall not be transferred or licensed any intellectual property

rights.

2. ZAIKO may use, free of charge, any and all information obtained through the use of the Services by the Customer, including age, amount of tickets to the event purchased, frequency of

purchase, the country purchased the tickets, attributes of the Customer who purchased the tickets to the event, information on which personal information has been deleted and anonymized, statistical data, and any other information freely without any limitation.

3. ZAIKO will appropriately handle the personal information provided by the Customer when using the Services in accordance with the privacy policy separately set forth by ZAIKO.

 

Article 14. (Prohibitions)

The Customer represents and warrants to ZAIKO that it will not take any of the following actions (including any actions or preparations to induce them) in the use of the Services.

(1) Acts in violation of the laws and regulations of Japan and other applicable laws and regulations of other countries and regions

(6) Pays directly to the organizer Product Price or the price which is substantially equivalent to Product Price, without using the system or procedures as prescribed by ZAIKO;

(7) Posts programs that destroy or obstruct software, hardware, or other functions used by third parties

(8) Destroys or obstructs the functions of ZAIKO’s server or network

(9) Interferes with the Services, or the Services and advertisements distributed by ZAIKO or provided on ZAIKO’s website

(10) Collects and accumulates any personal information, historical information, and attribute information of a third party without obtaining permission from such third party

(11) Uses the Services or information obtained through the Service for a purpose contrary to the purpose of rendering the Services.

(12) Utilizes the Services with login information of a third party.

(13) Obtains login information from others, regardless of the type of means, or discloses and provides such information to others.

(14) Provides benefits, directly or indirectly, to anti-social forces and others in relation to the Services.

(15) Other acts that ZAIKO deems inappropriate in the same manner as above.

 

Article 15. (Measures to Be Taken in the Event of Violation of the Terms of Service)

1. In the event that ZAIKO determines the Customer falls under or is likely to fall under any of the following items, ZAIKO may, at its own discretion, suspend or restrict the use of the Services, prohibit future use of the Service, or take any other measures that ZAIKO considers it necessary (hereinafter referred to as “Suspension of Use, etc.”) without any notice.

(1) The Customer makes or is likely to make prohibited activities as stipulated in the preceding article.

(2) Upon receipt of a notice of breach or breach of any of the provisions of the Terms of Service

(3) There is a risk of infringing the intellectual property rights, portrait rights, privacy rights, or other rights of a third party

(4) In the event that the Customer cause troubles with another customer, media, ZAIKO, or an organizer in connection with the use of the Services and the cause of such troubles are found to

be attributable to the Customer.

(5) It is found that all or part of the information provided to ZAIKO contains any false statement.

(6) If Customer becomes suspended or insolvent or files a petition for commencement of bankruptcy proceedings or similar proceedings

(7) In the event that the Customer does not respond to inquiries or requests from ZAIKO for 30 days or more.

(8) The Customer is an anti-social force or others, or interact and involves anti-social forces or others by giving cooperation or involving with maintenance, operation or management of such anti-social forces or others through financial assistance or other means.

(1) There are similar reasons to any of the preceding items.

2. Customer shall not be exempted from any and all obligations and obligations under this Terms

of Service for ZAIKO and third parties even after ceasing use of the Services.

3. ZAIKO shall not be liable for any damages to Customer caused by any actions taken by ZAIKO us under this Article.

 

Article 16. (Force Majeure)

ZAIKO assumes no responsibility for any delays or failure to perform any of our obligations under

this Terms of Services due to any of the following circumstances:

(1) Natural Disasters, Fires, and Explosions

(2) Infectious Diseases

(3) War and Civil War

(4) Revolution and Session in the country

(5) Order, or disposition by public authority

(6) Riot

(7) Strike, lockout

(8) System failures, communication failures, system maintenance, power failure

(9) Other similar incidents to any of the preceding items

 

Article 17 (Compensation for loss or damages)

1. ZAIKO shall only be liable for direct and ordinary damages actually incurred by the Customer

in the event of any damage to the Customer due to causes attributable to ZAIKO in connection

with the use of the Services, and the amount of such damages shall be limited to the amount of tickets to the event purchased by Customer at the time close to the occurrence of such damages.

2. Notwithstanding the provisions of the preceding paragraph, in the event the Consumer Contract Act is applied to the relationship between ZAIKO and the Customer, the scope and limitation of damages set forth in the preceding paragraph shall apply only to damages incurred by the customer as a result of ZAIKO’s slight negligence, and in the event of any damages to the Customer arising out of willful misconduct or gross negligence of ZAIKO, ZAIKO shall

compensate the Customer for damages within the reasonable causal relationship.

 

Article 18. (Confidentiality)

1. The Customer shall treat as confidential any non-publicly known information disclosed by ZAIKO that have been notified that such information is confidential in connection with the Services, except with the prior written consent of ZAIKO.

2. The Customer shall return or dispose of the information in the preceding paragraph, documents or other storage media on which such information is entered or recorded, and all copies thereof without delay at any time upon request from the ZAIKO in accordance with instructions to be provided by ZAIKO.

 

Article 19. (Exclusion of Anti-Social Forces and others)

1. ZAIKO and the Customer shall represent and warrant to the other party the following matters:

(1) The party itself and its officers (meaning a director, executive officer, corporate officer, company auditor or any other person equivalent thereto) is not an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company affiliated with an organized crime group, corporate racketeer, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, an organized crime syndicate, or any other person equivalent thereto (hereinafter collectively referred to as “anti-social forces”) and does not have any relationships with anti-social forces that should be socially disapproved.

(2) ZAIKO and the Customer do not have any relationships with anti-social forces that is found to be cooperative or be involved with maintenance or operation of the anti-social forces through the use of the anti-social forces for the purpose of gaining its or third party’s profit or for the purpose of inflicting damages on a third party or providing funds to or favor for an anti-social forces.

(3) It does not allow anti-social forces to use their own name and conclude this Agreement or an individual contract.

(4) ZAIKO and the Customer who themselves or through third party use of intimidating

words or actions, damage the credit or obstruct the business of the other party by spreading false rumors, or by the use of fraudulent or power, conduct an unreasonable demand beyond its legal entitlement, or any other equivalent actions thereto against the other party.

2. In the event the other party breaches any of the representations and warranties set forth in the preceding paragraph, ZAIKO and the Customer shall be entitled to terminate this Terms of Service without any notice or formal demand whatsoever.

3. ZAIKO and the Customer shall not be required to compensate for any damages to the other party as a result of the cancellation of this Terms of Service in whole or in part pursuant to the provisions of the preceding paragraph. In addition, a party who has violated this Article shall be required to compensate for any and all damages resulting from such violation.

 

Article 20. (Denial and Disclaimer of Guarantee)

1. ZAIKO makes no warranties with respect to the use of the Services as to the Customer’s fitness for a particular purpose, economic value, accuracy, utility, completeness, legality, conformity with the internal rules of the customer’s applicable organization, and the absence of security defects, errors, bugs or failures, and non-infringement of third party rights.

2. ZAIKO shall not guarantee that this Services is compatible with the version of all information terminals and OS of information terminals, and the Customer shall acknowledge in advance that there is a possibility that the operation of this Services may fail due to the upgrading of the OS of information terminals to be used for this Services. ZAIKO do not warrant that any such failure will be resolved through modification of the program and others, implemented by ZAIKO in the event of such failure.

 

Article 21. (Change, Interruption, Termination of the Services)

1. ZAIKO may modify or add all or part of the contents of these Services without prior notice to the Customer.

2. ZAIKO may, at its own discretion, terminate the Services by giving prior notice to the Customer on the Services or on a website operated by ZAIKO or in any other manner we deem appropriate, provided, however, that ZAIKO may not notify such to the customer, in the event of an emergency.

3. ZAIKO may temporarily suspend any or all of the Services without prior notice to the Customer in the event of any of the following:

(1) When there is periodical or emergency maintenance or repair of communication equipment used for this Services

(2) When there is an intensive system load due to excessive access or other unforeseen factors

(3) When there is a need to ensure the security of the Customer and third party

(4) When the services of a telecommunications carrier are not provided

(5) When it is difficult to provide the Services due to force majeure such as natural disasters

(6) When it is difficult to provide the Services due to fire, power failure, other unexpected

accident or war, conflict, insurrection, riot, labor dispute, etc.

(7) In the event that the Services cannot be operated due to laws and regulations or measures

based thereon.

(8) In the event that ZAIKO deems it necessary in accordance with each of the preceding

items.

4. ZAIKO will not be liable for any damages to the Customer caused by any actions taken by ZAIKO under this Article.

 

Article 22. (Assignment of Rights and Obligations)

1. The Customer may not assign, succeed, pledge or otherwise dispose of Customer’s rights or obligations under this Terms of Services or its contractual status relates to this Terms of

Services except with the prior written consent of ZAIKO.

2. In the event that ZAIKO assigns the business related to the Services to a third party, or ZAIKO assign the entire business related to this Services due to merges or company split that makes ZAIKO defunct or becomes a split company, ZAIKO may transfer its contractual status, rights and obligations, registered information, and other information related to the Customer to the assignee or successor to transfer such business in connection with the transfer of such business and others, and the Customer shall agree to this in advance.

 

Article 23. (Severability)

In the event that any provision of this Terms of Service or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the

remaining provisions of this Terms of Service and the remaining part of the provisions which have been determined to be invalid or unenforceable shall remain in full force and effect, and the Management and Members shall endeavor to make such invalid or unenforceable provision or part legitimate and to amend it to the extent necessary to enforce it so as to ensure intent or legal and economic effect to such invalid or unenforceable provisions or parts.

 

Article 24. (Governing Law and Agreed Jurisdiction)

This Terms of Service shall be governed by the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court shall be the agreed court of first instance with exclusive jurisdiction for all disputes arising out of or related to this Terms of Service, depending on the amount of the suit and the procedures.

 

Article 25. (Survival Clause)

Article 13, paragraphs 2 and 3 of Article 15, Article 17, Article 18, paragraph 3 of Article 19,

Article 23, Article 24, and any other Articles which are reasonably construed to be applicable

even after the termination of the Agreement in light of the nature of Articles shall remain in

effective after the termination of the Agreement.

Enacted on ●2nd of April ●, 2020