Terms of Use

These terms of use (hereinafter referred to as the "Terms of Use") set forth the matters all Members must comply with when using the Koki Sake Shop service (hereinafter referred to as the "Service") provided by Koki Sake Shop Limited (hereinafter referred to as the "Company") as well as the relationship of rights and obligations between the Company and Members. Please read the Terms of Use in their entirety before agreeing to them.

Application

1. The Terms of Use are intended to set forth the relationship of rights and obligations between the Company and Members (defined in Article 2) in connection with the use of the Service (defined in Article 2). The Terms of Use will apply to any relationship between the Company and Members in connection with use of the Service.
2. The rules and various provisions, etc. posted by the Company on its website (defined in Article 2) from time to time shall form a part of the Terms of Use.

Definitions

The following terms used in the Terms of Use shall have the following meanings:

(1) "Intellectual Property Rights" means copyright rights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights (including the right to acquire or apply for the registration, etc. of said rights).
(2) The "Company Website" means the website operated by the Company at the "kokishop.hk" domain (including the revised website in the case the domain or the contents of the website have been changed for any reason).
(3) "Member(s)" means individuals and corporations registered as users of the Service under Article 3.
(4) "Registration Information" means the "Registration Information" defined in Article 3.
(5) "Service Providers" means the individuals and corporations who provide products and services that are the subject of transactions made under the Service.
(6) "Service" means the Koki Sake Shop service provided by the Company (including the revised service in the case the name or the contents of the service have been changed for any reason).

Registration

1. Persons wishing to use the Service (hereinafter referred to as "Applicants") may apply to register to use the Service by agreeing to comply with the Terms of Use and providing the Company with the information specified by the Company (hereinafter referred to as "Registration Information") in the manner prescribed by the Company.
2. The Company may refuse or cancel the registration of Applicants on any of the following grounds:
1. (1) When some or all of the Registration Information provided to the Company by the Applicant is false or erroneous, or when there are omissions in said information;
2. (2) When the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc. of the Applicant's statutory agent, guardian, curator or assistant;
3. (3) When the Company deems the Applicant to be an "anti-social force" (namely, an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate extortionist, or any other group or individual who pursues illicit economic gains through the use of violence, power or fraud. And the same shall apply hereinafter.) or to have some kind of interaction or involvement with an anti-social force such as cooperating with or being involved in its maintenance, operations and management through the provision of funds and the like; or
4. (4) When the Company otherwise deems the Applicant to be unsuitable for registration for any other reason.
3. The Company will determine whether to accept or reject an application for registration taking into account the criteria set forth in the preceding paragraph, and will notify successful Applicants. An Applicant's registration as a Member shall be complete upon the issuance of aforementioned notification by the Company, and an agreement on the use of the Service pursuant to the provisions set forth in the Terms of Use (hereinafter referred to as the "User Agreement") shall be established between the Member and Company at this time.
4. Members shall notify the Company without delay in the manner prescribed by the Company if there has been any change to their Registration Information. The Company assumes no liability for any damage resulting from the failure of Members to notify the Company of changes to Registration Information.

Use of the Service

Members may use the Service in the manner prescribed by the Company and in compliance with the Terms of Use during the term of the User Agreement.

Cancellation of Membership

Members wishing to cancel their membership must complete the procedures prescribed by the Company.

Transactions Using the Service

1. The Service provides an opportunity for transactions between Service Providers and Members. Transactions entered into by Members using the Service are considered direct transactions between Members and the Service Provider. With the exception of cases in which the Company is acting as the Service Provider itself, the Company is not a party to transactions between Members and Service Providers and assumes no responsibility in relation thereto. Members and Service Providers shall resolve any transaction-related disputes on their own responsibility, and the Company assumes no responsibility to resolve said disputes.
2. Members are asked to use the Service on their own responsibility, having a full understanding of the contents set forth in the preceding paragraph.

User ID and Password Management

1. Members shall manage and store their user ID and password on their own responsibility, and shall not lend, transfer, change the name holder, sell or allow a third party to use their user ID and password, etc.
2. Members assume liability for any damage resulting from their inadequate management, erroneous usage and third-party usage, etc. of their user ID and password, and the Company assumes no liability in relation thereto.
3. Members shall immediately notify the Company and follow the instructions of the Company if they have discovered that their user ID and password have been stolen or are being used by a third party.
4. If the user ID and password entered to access the Service match a Member registered user ID and password, then the Company shall deem usage of the Service through said user ID and password to be the usage of the relevant Member. The Company assumes no liability for any damage arising from said usage.

Prohibited Acts

1. Members shall not engage in the following acts in their use of the Service:
1. (1) Acts that infringe upon the Intellectual Property Rights, portrait rights, privacy and any other rights and interests, or damage the reputation, of the Company, other users of the Service and third parties (including acts that cause said damage or infringement either directly or indirectly);
2. (2) Criminal acts or acts contrary to public order and morals;
3. (3) Acts of transmitting information related to social relations between a man and a women;
4. (4) Acts of transmitting information containing computer viruses and other harmful computer programs;
5. (5) Acts that infringe upon the rights and interests, or damage the reputation, of Service Providers, the Company and other third parties;
6. (6) Acts of transmitting false information;
7. (7) Acts of unduly damaging the reputation of products;
8. (8) Acts that are likely to interfere with the Company's operation of the Service; or
9. (9) Other acts as deemed inappropriate by the Company.
2. If the Company deems the transmission of information or other operations by Members using the Service correspond or is likely to correspond to the prohibited acts set forth in the preceding paragraph, then the Company may delete said information in whole or in part along with the information of said Members without prior notice. The Company assumes no liability for any damage suffered by Members arising from the actions taken by the Company pursuant to the provisions of this paragraph.

Suspension of the Service, etc.

1. The Company may suspend or interrupt provision of the Service in whole or in part without prior notice under any of the following circumstances:
1. (1) To perform scheduled or emergency inspection and maintenance of computer systems related to the Service;
2. (2) In the event of faults in computers and communications lines;
3. (3) When it is unable to operate the Service as a result of force majeure events such as fire, power outage and natural disaster; or
4. (4) When the Company deems suspension or interruption of the Service necessary for any other reason.
2. The Company may discontinue the provision of the Service at its discretion.
3. The Company assumes no liability for any damage suffered by Members arising from the actions taken by the Company under this Article.

Ownership of Rights

1. The ownership of the Company Website, the Service and all Intellectual Property Rights associated therewith shall belong to the Company or the party that has granted a license to the Company. The license to use the Service based on registration set forth in the Terms of Use is not intended to grant a license to use the Intellectual Property Rights of the Company or the party that has granted a license to the Company in relation to the Company Website and the Service.
2. The Company may freely use (usage, in this paragraph, refers to duplication, copying, modifying, sublicensing to third parties and any other usage) the text, images, video and other data posted or otherwise transmitted by Members in their use of the Company Website and the Service free of charge.
3. The Company may freely use all data of Members actions on the Company Website and in their use of the Service if and to the extent the Company complies with the Company's personal information protection policy.

Cancellation of Registration

1. The Company may, under the following circumstances, temporarily ban Members from use of the Service or cancel Member registration without issuing any notice nor making any demand:
1. (1) When Members have violated any of the provisions of the Terms of Use;
2. (2) When Members have been found to have submitted false Registration Information;
3. (3) When Members have suspended payment or become insolvent, or has filed or been subject to a petition for the commencement of bankruptcy proceedings, special liquidation proceedings, civil rehabilitation proceedings, corporate reorganization proceedings or proceedings analogous thereto;
4. (4) When Members have not used the Service for at least 12 month(s) and has not responded to contact initiated by the Company;
5. (5) When any of the grounds enumerated in Article 3, paragraph 2 apply; or
6. (6) When the Company deems it unsuitable for Members to remain registered as a Member for any other reason.
2. If any of the circumstances set forth in the preceding paragraph applies to a Member, then that Member shall forfeit the benefit of time in relation to all obligations owing to the Company and shall immediately pay all debts to the Company.
3. The Company assumes no liability for any damage to Members arising from the actions taken by the Company under this Article.

Non-Warranty and Indemnity

1. The Company makes no warranty in relation to Koki Japan Shop. The Service is provided as is, and the Company makes no warranty as to its fitness for a particular purpose, commercial utility, completeness and continuity, etc.
2. Even if Members have obtained information concerning the Service, the Company Website, other Members or any other matters either directly or indirectly from the Company, the Company makes no warranty to Members in relation to said information beyond the subject matter set forth in the Terms of Use.
3. Members shall investigate whether their use of the Service corresponds to a violation of applicable laws and industry association internal rules, etc. on their own responsibility and at their own expense. The Company makes no warranty that Members' use of the Service conforms to applicable laws and industry association internal rules, etc.
4. Any transactions, communication, disputes, etc. arising between Members and other members, Service Providers or third parties in connection with the Service or the Company Website shall be resolved on their own responsibility; the Company assumes no liability in relation thereto.
5. The Company shall not be liable for damages arising from the interruption, suspension and termination of the provision of the Service, unavailability or change of the Service, deletion or loss of Member messages and information, cancellation of Member registration, loss of data resulting from use of the Service or damage to or destruction of equipment, or any other damage suffered by Members in connection with the Service.
6. Even when the Company Website links to other websites or when other websites have linked to the Company Website, the Company assumes no responsibility in relation to websites other than the Company Website nor the information obtained therefrom.
7. The Company assumes no responsibility, and makes no warranty as to authenticity, accuracy and legality, in relation to the contents of transactions with Service Providers, the information on Service Provider websites, the products and various content handled by Service Providers, and the handling of personal information by Service Providers, etc.

Users' Liability to Pay Damages, etc.

Members shall be liable to the Company for any damages suffered by the Company arising from the Member's violation of the Terms of Use or in connection with the Member's use of the Service.

Handling of Member Information

Member information will be handled in accordance with the Company's personal information protection policy.

Changes to the Terms of Use, etc.

1. The Company may freely change the contents of the Service. In this case, the Company assumes no liability nor any obligations in relation to any damage suffered by Members as a consequence of said change.
2. The Company may revise the Terms of Use (including the rules and various provisions, etc. related to the Service posted by the Company on the Company Website, and the same shall apply hereinafter in this paragraph). Revised Terms of Use shall have effect from the time at which they are posted on the Company Website. In this case, Members shall comply with the revised Terms of Use.

Contact / Notification

Enquiries relating the Service and any other contact and notifications from Members to the Company, and notification of revision to the Terms of Use and any other contact and notifications from the Company to Members shall be made in the manner prescribed by the Company.

Assignment of the Terms of Use, etc.

1. Members may not, without the prior written approval of the Company, assign, transfer, offer as a security or otherwise dispose of, their standing under the User Agreement or their rights and obligations under the Terms of Use.
2. If the Company has transferred business related to the Service to another company, then the Company shall be entitled to assign its standing under the User Agreement, its rights and obligations under the Terms of Use, Member Registration Information and other customer information to the assignee of said business. Members shall be deemed to have consented to such assignment pursuant to the provisions of this paragraph in advance. Furthermore, the assignment of business referred to in this paragraph includes merger, company split and any other assignment of business, in addition to ordinary assignment of business.

Severability

If any of the provisions or parts of the Terms of Use are found to be invalid or unenforceable under the Consumer Contract Act and other laws and regulations, etc., then the remaining provisions or parts of the Terms of Use shall remain in full force and effect and the Company and Members shall endeavor to revise the invalid or unenforceable provisions or parts of the Terms of Use so that they are valid and enforceable and retain the spirit as well as a legal and economic effect equivalent to that of the invalid or unenforceable provisions or parts of the Terms of Use.

Governing Law and Court of Competent Jurisdiction

The Terms of Use shall be governed by the laws of HKSAR.

Dispute Resolution

Any disputes concerning matters not set forth in the Terms of Use as well as the interpretation of the provisions of the Terms of Use shall be resolved in accordance with reasonable contents determined by the Company based on the opinion of the relevant Member(s).

Last Updated: 18 January 2021