The following describes the terms on which Gathergates offers you access to our services.
Welcome to Gathergates. By using the Gathergates website including its related sites, services and tools (the “Website”), you agree to the following terms, including those available by hyperlink, with Gathergates and the general principles for this Website. If you have any questions, please email us your enquiry at our online contact form.
This Agreement is effective on 1st April 2021 for current users, and immediately upon acceptance by new users.
Changes in the Terms
Gathergates shall be able to change any of the Terms if necessary, without obtaining any agreement from User. Any change in the Terms shall take effect immediately after Gathergates notifies User of the change according to any of the appropriate methods that have been defined in Article 9.
In order to use the Services, a prospective User shall agree on the Terms and complete the user registration procedure determined by Gathergates separately. Gathergates may refuse the registration of a prospective User (hereinafter referred to as an “Applicant”), as a result of the screening process that Gathergates has defined. In this case, Gathergates will not disclose the reason for refusal to Applicant.
Restrictions of the Users
Only registered User may use the Services. An Applicant becomes a User upon completion of the User registration.
- Despite the previous paragraph, if it is revealed that the Applicant is inadequate as User after the user registration, Gathergates may delete the user registration of such User.
Changes in registered data
Any change in user registration data shall be performed by notifying Gathergates of the change through the Gathergates sites. Gathergates shall not be liable for any damage or inconvenience incurred through the use of Services if the damage or inconvenience is caused as a result of User’s failure to notify Gathergates of the change in the user registration data.
Management of User IDs, passwords and so on
- User shall set a password after the user registration has been completed.
- User shall be responsible for the management of User ID and password. If User ID and password is illegally used because of any accidental cause which Gathergates does not have responsibility, such User who owns such User ID and password shall be responsible for the illegal use. User shall not: make a third party use User ID and password, lend or transfer User ID and password, change the ownership of User ID and password, sell or buy User ID and password, and pledge User ID and password.
- Gathergates will not compensate for any damage caused by the leak or unauthorized use of User ID and password, except that the damage is caused by Gathergates. If Gathergates suffers any damage because of the leak or illegally use of User ID and password that is caused by User, Gathergates shall be able to seek for compensation for the damage to User.
- If User ID is used without permission by its owner, or if User ID and password is leaked to a third party, its owner shall notify Gathergates in no time.
Handling of User information
Certain User information, including i) information registered through the user registration and ii) transaction histories regarding the Services will be recorded in the computers managed by Gathergates.
1. Gathergates will use information such as the registration data of User and transaction histories with Gathergates for the following purposes:
- To deliver products and provide after-the-sale service
- To send brochures, direct mail (DM), FAX, and e-mail for delivering bargain information regarding Gathergates’s mail-order businesses and other related services/businesses
2. About the provision and deposit of personal information
- The company name and organization name of a User, and the name, address, phone number, FAX number, birth date, and e-mail address of a parson in charge, which Gathergates has collected, will never be provided/disclosed to a third party, except such a case that any of the following applies.
- When information including server-registered information described in the previous paragraph is required to operate the Services
- When User agrees in advance that the registered information may be used
- For a business trust company* of Gathergates where the personal information nondisclosure agreement has been made, when Gathergates entrusts the handling of personal information within the scope required for accomplishing the utilization purpose that has been disclosed to User, (where a business trust company* is a company such as a courier company which delivers products, brochures, and direct mail (DM), a communication carrier which transfers telephone communications, FAX, and e-mail, a label-printing company which prints destination labels for delivering products, brochures, and direct mail, a credit card company which has been specified by User to pay by card, and a consignment company which collects unpaid money)
- When Gathergates uses personal information together with a group company of Gathergates, within the scope required for accomplishing the utilization purpose that has been disclosed to User
- When Gathergates needs to refer personal information to a personal credit record agency, to check the paying ability of User
- When a credit card company requests Gathergates to check if a card has been illegally used
- When Gathergates has to respond to a request for providing personal information from the court, for example, according to the laws and regulations
- When Gathergates needs to provide companies which manufacture products certain personal information necessary for export related documents preparation for observe laws and regulations.
- When Gathergates needs to protect the rights or resources of Gathergates
- When Gathergates has to protect the benefit of other User.
Responsibility of Users
1. User shall satisfy the use conditions of the network in connection with the Services, and observe operation procedures, various agreements, and the Terms. When using the Services, User shall not:
- Use the Services for purposes other than the purchase of Gathergates products
- Infringe (or doing any action which could lead to the infringement of) any of the copy rights, trademarks, and other rights which i) is owned by a third party or Gathergates and ii) is related to the information included in the Services
- Interfere with or upsetting the server or networks in connection with the Services
- Obstruct the operations of the Services by any means
- Take a fictitious name, announce himself or herself as a representative for an organization or a company without representation/agency right, disguise an affiliation/partnership with another person or organization, or obtain two or more IDs to use them fraudulently
- Violate any of the Term s or the laws and regulations, whether by intention or by negligence
- Use User ID or password fraudulently, or make a third party use them
- Tamper with the data provided through the Services, without obtaining permission of Gathergates
- Use a product at a location other than the country or area where the product has been delivered
- Export a product
- Resell a product
2. If User does any of the actions described in Paragraph 1 in this article or if the action of User falls within any of the following items, Gathergates may expel such User or temporarily suspend the use of the Services. In addition, such User shall lose the benefit of term with respect to all obligations arising from the Services and Transactions, and shall immediately make full payment for the obligations to Gathergates or its agency.
- If User delays or defaults on the payment of debts resulting from the Services or Transactions
- If a bill or check which User has drawn on or honored is dishonored or payment-suspended
- If attachment, auxiliary attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, company liquidation, special liquidation, or petition for corporate reorganization for User is filed
- If the financial condition of User worsens, or if there is any objective sign showing that the financial condition of User may worsen
- If Gathergates judges that User is inadequate as a user.
3. User shall take full responsibility for the User’s actions to comply with the applicable laws and regulations, and shall not divert a product if such an action violates any of the applicable laws and regulations. All products are subject to Japan’s applicable laws and regulations.
- Any delivery schedule for a product indicated on the brochures, Gathergates sites or mobile sites shall be construed only as an exemplary schedule. User agrees in advance that the delivery date may change depending on the arrival of the product, stock status, or other unexpected reasons.
- User agrees in advance that Gathergates shall not ship the products regardless of the schedule provided in the preceding paragraph until Gathergates can confirm all the payment for the products.
- User agrees in advance that if User’s order is not properly processed by the normal operation of Gathergates because any of the order data or necessary items has not been properly entered or has a typing error, or if there is any unavoidable reason such as a bad transportation condition or bad weather, the year-end and New Year holidays, Japan’s holiday, or another unexpected reason, the ordered product may not be delivered by the prescribed delivery date.
- Depending on User’s Internet connection environment, a time lag may be generated between the transmission time at User and the reception time at Gathergates. In such a case, the reception time at Gathergates shall be the order time by User.
- The delivery of a product is completed when the product is properly delivered to the “delivery address” described in the “confirmation note for ordered contents.”
The listed prices of products, Services, and charge for delivery, which are described in brochures, Gathergates sites, and mobile sites, are before-tax prices, and hence consumption taxes and custom duties will be added separately. For products which User has bought, User shall pay consumption taxes and custom duties required in the country of User.
- User shall pay charge for delivery separately, in addition to the payment for products. In addition, User shall pay additional expense incurred for any reason attributable to User including storage fee associated with delay in payment.
- User shall complete payment set forth in the preceding two paragraph within 1 day from delivery date. If Gathergates cannot confirm payment within 1 day from delivery date, Gathergates shall be able to refuse User to provide the Services by applying Article 26.2.
Installing and maintaining equipment by User
User shall install, at User’s own expense, any equipment required for receiving the Services online, including a communication device (with a contract with a carrier), computer, software program, and so on (hereinafter referred to as “User Equipment”).
To receive the Services, User shall maintain User Equipment so that User Equipment will operate properly, by User’s responsibility at User’s own expense, and shall access web sites via the provider that User has selected.
In the Services, copyrights of the database as well as those of copyrighted works such as designs and layouts of brochures, Gathergates sites and mobile sites, and screens where product information is displayed shall belong to Gathergates. User shall not copy, sell, or publish any information which is obtained through Gathergates. User shall not use the information that is described in brochures, Gathergates sites, and mobile sites to provide services similar to the Services or any competitive services.
1. If the delivery of a product is delayed or impossible because of any extraordinary natural phenomenon or the enactment, alternation, or abolition of laws or regulations, traffic accident, reprimand by the exercise of public power, accident during transportation, labor dispute, war, or another unavoidable matter, Gathergates will promptly notify User. If User suffers a loss because of any of the above-mentioned causes, however, Gathergates and agencies shall not have a responsibility for the indemnification for the loss.
2. Gathergates pays special attention to security when User enters User’s personal information; however, the User should recognize the risk of information leaks even under such a protected environment and agree that the personal information is not necessarily 100% safe.
3. User agrees that the product or description and manual for use of the Product(s) may be simplified on the premise that User, as a business operator, has certain knowledge on the Product(s). User also agrees that the package of the Product(s) may be simplified. User shall be responsible for any accident or injury caused by inadequate use of Product(s) as a result of lack of understanding on the characteristics of Product(s).
Changes in Services, prices, and specifications
During the effective period of a brochure, flyer and so on, part or all of the Services may be subject to change without any prior notice to User. Prices or specifications of described products may be subject to change or close without any prior notice to User.
Suspending the Services
Gathergates may suspend part or all of the Services without any prior notice to User if any of the following items applies:
- If any urgent inspection or update of the Services is required
- If it is difficult to provide the Services because of any accidental forces such as fire, blackout, and natural disaster
- If Gathergates has to temporarily suspend the Services because of any operational or technical reasons, or if Gathergates determines that it is difficult to provide the Services because of any contingency situation
Refusing the provision of the Services
If any of the following causes applies or might apply, Gathergates shall be able to refuse the provision of the Services even after the provision of the Services is accepted. Gathergates will pay back a bill for the product if the following causes incurred for any reason attributable to Gathergates, and Gathergates shall not be required to pay back it if the reasons are attributable to User. Gathergates deems following items 2 & 5 attributable to User and item 3 attributable to Gathergates. Other items are judged on a case-by-case basis by Gathergates.
- If the whereabouts of User or the delivery address of the product cannot be identified
- If User refuses the receiving of the product
- If the delivery company cannot deliver the product
- If the product is suspended by the customs
- If User violates any of the Terms
- If Gathergates determines that it is inadequate to provide the Services
Limitation of Liability
The user specifically agrees that the company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. The user specifically agrees that the company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The user specifically agrees that the company is not responsible for any content sent using the communication services and/or included in this site by any third party. In no event shall the company be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement goods, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability) arising out of or in connection with the use of, or inability to use this website, whether or not the
Applicable Law and Jurisdiction
By visiting this Website, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.
The courts of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.