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Service Terms
These Service Terms for the following provisions (hereinafter referred
to as “this Agreement”) constitute the Use Agreement provisions
between Mother’s Auction K.K. (hereinafter referred to as “MA
K.K.”) and Mother’s Auction Member (hereinafter referred to
as “MA Member”), about using auction services provided through
the website and other measures by MA K.K. and hence is applied to all Mother’s
Auction Member (hereinafter referred to as “MA Member”), as
to any and all auction service use.
Terminology and Notification Definitions
Article 1. Agreement Application
MA K.K. provides the auction service on the basis
of this Agreement.
Article 2. Terminology Definitions
MA K.K. defines terminology comprising this Agreement
as follows:
| Terminology |
Definition |
| 1. Mother’s Auction Website (“MA
Webstite”) |
A marketplace in which a process determining
property’s sale value by adopting online auction approach
and/or real estate transaction are conducted. |
| 2. Auction Service |
Online property auction service that MA K.K.
provides on the basis of this Agreement. |
| 3. Mother’s Auction Member (“MA
Member”) |
An individual and/or company receiving the
auction service by concluding Mother’s Auction Use Agreement.
The Use Agreement is based on Mother’s Auction Membership
Code provided in other manner. |
| 4. Member Identification |
A code to identify a specific user from others,
in combination with user’s password. |
| 5. Password |
A code to identify a specific user from others,
in combination with user’s Member ID. |
| 6. Real Estate (Property) |
Real estate or property listed on MA Website. |
| 7. Bidder |
A member bidding for a listed property by
agreeing with “Participation Terms”. |
| 8. Winning Bidder |
A bidder who obtains a priority right to negotiate
about purchasing a listed property, in accordance with Clause 1
of Article 2 of the Participation Terms. |
| 9. Mother’s Auction Member Shop |
A realtor company, including its branch and
shop, who concludes a “Members Terms” with MA K.K.
and transacts real estate business via MA Website. |
| 10. Sub-Member Shop (Proxy Bidder Shop) |
A realtor company, including its branch and
shop, who concludes “Sub-Members Terms” with MA K.K.
and places a proxy bid through MA Website service. |
Article 3. Notification
- In the event that an important notification
is to be made by MA K.K. to MA Member and Non-Member alike, MA K.K.
determines an appropriate method to make the notification, such as
posting on MA Website.
- In the event that MA K.K. adopts the website
announcement for such notifying method as specified in the preceding
Clause, the notification shall be considered ‘announced’ on
the day the content of such notification is input into auction service’s
equipment.
- All dates and times described in the preceding
Clause shall be based on the clock time of the server that is used
to provide the website service.
Article 4. MA K.K.’s Commitment
MA K.K.’s service is to provide the online
marketplace for real estate transaction via MA Website and shall not
be considered as a mediation service for such transactions.
Article 5. MA K.K.’s Responsibility as Webmaster
- MA K.K. maintains MA Website with the care of
a bona fide manager and ensures that the auction service can be provided
in smooth manner.
- In the event that any failure of the auction service’s
equipment is detected, MA K.K. shall be responsible to repair or to
restore such equipment failure as soon as possible.
Article 6. Privacy Information Protection
- MA K.K. shall be entitled to preserve user’s
self-input data and private information (hereinafter referred to as “Privacy
Information”) that MA K.K. may learn whether directly or indirectly
through the activity that this Agreement prescribes, for a period deemed
necessary for providing auction service to the user in smooth manner.
- MA K.K. shall not disclose or provide such Privacy
Information to any third party or make use of such information beyond
the extent necessary to provide the auction service.
- In the even that MA K.K. is enforced to comply
with Article 218 (Search by Warrant) of the Law of Criminal Procedure
or other equivalent law, MA K.K. shall not be responsible for the confidentiality
duty of the preceding Clause to the extent provided by the Law.
- In the event that MA K.K. is requested by an authorized
party (policemen, prosecutor, assistant prosecutor, tax collector,
lawyer, or other authoritative person by Court of Justice) to disclose
user’s reference, and MA K.K. concludes the compliance of such
request as a necessity or legitimate self-defense act, MA K.K. shall
be entitled to fulfill the request of such reference check to the extent
provided by the relevant law.
- MA K.K. shall delete such Privacy Information
when the Service Terms cease with the specific user, or the information
filing period, that MA K.K. prescribes, expires. However the two cases
of preceding sentence, MA K.K. shall be excused not to delete such
Privacy Information in the event the provision of Law enforces the
preservation of such information.
Service Termination and/or Cessation
Article 7. Service Cessation for Maintenance Reasons
- MA K.K. shall be entitled to determine ceasing
the service for reason of inevitable maintenance or engineering works
of network equipment used in the auction service.
- In the event of the preceding Clause, MA K.K.
shall announce such auction service cessation on MA Website prior to
such event, excepting an unavoidable urgency case.
Article 8. Information Deletion
In the event that website service use by a user
is against any provision of Article 20 (Prohibited Matters) of Mother’s
Auction Member Code, or such infringing use receives complaint or claims
are lodged to MA K.K. by other user and MA K.K. determines to settle,
or any other use that MA K.K. reasons ‘inappropriate’ for
continuing the management of the auction service, MA K.K. shall be entitled
to conduct the following measures either alone or in combination to a
causing user:
- Demand the violating user to discontinue the action
infringing the provision (Prohibited Matters) of Mother’s Auction
Member Code, Article 20.
- Demand the violating user to deliberate with the
caused party in aiming to resolve the complaint.
- Demand the violating user to delete the complaint
information that the violating user posted on MA Website, in accordance
with this Agreement.
- Discontinue providing the auction service to the
violating user in accordance with (Use Cessation) of Mother’s
Auction Member Code, Article 27.
- Dissolve this Agreement with the violating user
in accordance with (Dissolve by MA K.K.) of Mother’s Auction
Member Code, Article 9.
Compensation Matters
Article 9. Disclaimer
- In the event that any loss is incurred to any
user by utilizing the auction service in accordance with this Agreement,
MA K.K. disclaims responsibility for any remedy, such as failure of
compensation obligation, illegal practice or any legal liability whatsoever.
- In the event that the use of the auction service
by any user causes any dispute with other user, MA K.K. disclaims any
and all responsibility for the settlement.
Article 10. Agreement Jurisdiction
In the event that any necessary lawsuit arises
between MA K.K. and a user that this Agreement defines, the Tokyo District
Court shall be the competent court having jurisdiction.
Article 11. Governing Law and Interpretation
This Agreement shall be interpreted in accordance
with the laws of Japan, and any question arises as to matters not specified
in this Agreement or the interpretation of this Agreement, Seller, MA
Member Shop, MA sub-Member Shop and MA K.K. shall deliberate and settle
accordingly.
Others
Article 12. Modification of Service Terms
MA K.K. may at any time modify this Agreement.
In such event, the newly modified Agreement shall supersede in implementing
the use terms and the provisions of other use agreement.
Article 13. Additional Clause
This Agreement was effected on November 22nd,
2005.
Article 14. Additional Clause
This Agreement was revised on August 1st, 2006,
and the revised Agreement was effected on the same day.
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