Accepting the Terms

These Terms of Service (“Terms”) are a legally binding contract between you and Mercari, Inc (“Mercari”). The Terms set out your rights and responsibilities when you access our website (https://jp.mercari.com) ("Website") from your jurisdiction and use our services which are made available to your jurisdiction through the Website where a link to the Terms are displayed (“Service”).

Any other services that are not expressly stated in the Terms (including but not limited to our services which are made available to residents of Japan or the US or on our mobile application) are not included in the Service and are not made available for use to your jurisdiction.

BY USING THE SERVICE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

By using the Service, you agree to comply with the guidelines and rules that we may post on the Website from time-to-time ("Guidelines"). The Help Center hosts the Guidelines and answers frequently asked questions. The Help Center is available on the bottom of the website and as a link under “Support.”

We may amend the Terms at any time by posting a revised version on the Website. The revised version will be effective from the time in which it is posted. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

1. Description of the Service

1. The Website is an online marketplace where individuals or stores ("Exhibitors") list items ("Items") for sale to other users.
2. The information on the Website is shown in your local language using machine translation for your reference only. Neither Mercari or Exhibitors shall be responsible for the accuracy of the translation.
3. In order to access most features of the Service, you must register an account with us (a “Proxy Purchase Account”). If you create a Proxy Purchase Account, you can save your browsing and search history on the Website and "Like" Items listed by Exhibitors. However, you cannot directly purchase an Item from a Exhibitor on the Website. If you wish to purchase an Item, you may use the purchase support service ("Proxy Service") provided by a third party proxy ("Proxy"). The Proxy Service is subject to separate terms and conditions provided by the Proxy ("Proxy Terms") as the Proxy Service is not provided by Mercari. The name of the Proxy for your jurisdiction and a link to the applicable Proxy Terms can be found at the end of the Terms.
4. The price of Items shown on the Website, which may be automatically converted to your local currency, are for reference only. The final price will be displayed to you by the Proxy.
5. If you purchase an Item using the Proxy Service, you can track your order and the delivery status on your Proxy Purchase Account and receive notifications regarding the delivery of your Item by having an email sent from us to your email address. However, such delivery notices are given on behalf of the Proxy, for your convenience only and Mercari shall not be responsible for the accuracy or any other aspects of the information in the delivery notice. If any issues arise in relation to payment, delivery, duties or other aspects of the purchase, these issues must be resolved between you and the Proxy in accordance with the Proxy Terms. Neither Mercari or Exhibitors shall be liable to you for payment, delivery or other aspects of the purchase.
6. Mercari as the operator of the Website does not sell, purchase, or take possession of any Item, either for itself or on behalf of you, the Proxy, Exhibitors or others.

2. Your Proxy Purchase Account with Mercari

If Mercari determines that your use of a Proxy Purchase Account violates any of the Terms, or is otherwise inappropriate or illegal, Mercari may, at its sole discretion, take action, including termination of your Proxy Purchase Account. If you have previously violated the Terms using another Proxy Purchase Account, refuse to provide information which we have requested, provide false information, or are reasonably determined by Mercari to be a Foreign Politically Exposed Person, or if we are unable to verify the information you have provided, you may be ineligible for a Proxy Purchase Account, and/or your Proxy Purchase Account may be limited, suspended or closed.

Here are a few rules about Proxy Purchase Accounts with Mercari:

1. To have a Proxy Purchase Account you must reside in one of the jurisdictions listed at the end of the Terms. For an individual to have a Proxy Purchase Account you must be at least the age of majority in your country of residence or, if you are a minor, you must obtain consent from your parent/legal guardian and provide proof of such consent as required in your country of residence.
2. You shall not use the Proxy Purchase Account for money laundering or any illegal purposes, or in violation of any law, regulation or provision of the Terms. As a condition for using the Service, we hold you accountable for violations of the law or regulation and for any violations of the Terms and the Guidelines.
3. You may only register for and maintain one Proxy Purchase Account.
4. You may be required to provide us with current and accurate information about yourself (such as your name, email address, country of residence and date of birth) (“User Information”). It is prohibited to use false information or impersonate another person through your Proxy Purchase Account.
5. You are solely responsible for any activity on your Proxy Purchase Account.
6. You are responsible for ensuring your Proxy Purchase Account accurately reflects your current User Information including your contact information, such as your email address. You may be asked to update or verify this information from time to time so Mercari may continue to service your Proxy Purchase Account.
7. You are responsible for keeping your Proxy Purchase Account password secure. If you believe your Proxy Purchase Account has been compromised, please check the guide.
8. Please visit the Help Center for questions about setting up a Proxy Purchase Account.
9. Please visit the Help Center for questions about setting up a Proxy Purchase Account.

3. Termination by You

You may terminate your Proxy Purchase Account with Mercari at any time from your account settings. You can find more information in the Help Center. After terminating your Proxy Purchase Account, some of your completed transactions may be retained in our records for certain period. However, you should save all of the information you need prior to terminating your Proxy Purchase Account.

Unused coupons become invalid and expire upon termination of your Proxy Purchase Account.

4. Your Use of the Service and the Website

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service and the Website subject to the Terms and the following restrictions. Mercari reserves all rights not expressly granted to you.

1. Don’t Use the Service to Break the Law. You agree that you will not violate any laws or regulations in connection with your use of the Service. This includes any local and international laws and regulations that may apply to you.
2. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt the Service, for example by distributing a virus, other harmful computer codes, or any activity that provides an excessive burden on the Service, or otherwise negatively affects the enjoyment of the Service by other users.
3. Items You Purchase. Mercari does not manufacture, store or inspect any of the Items listed on the Website. We provide the venue; but the Items listed on the Website are produced, listed by independent third-party Exhibitors, so Mercari cannot and does not make any warranties about the Items’ quality, safety or legality. If you use the Proxy Service, any legal claim related to an Item you purchase must be brought directly against the Proxy. You agree to release Mercari from any claims related to Items listed on the Website, including for defective Items or Items that caused physical injury (like product liability claims).
4. Content You Access. You may come across materials that you find offensive or inappropriate while using the Service. Mercari is not responsible for the decency, accuracy, or legality of content posted by Exhibitors on the Website. You agree to release Mercari from all liability relating to that content.
5. Account Limitations. At its sole discretion, Mercari may place limits or restrictions on your use of the Service due to activity with your Proxy Purchase Account, insufficient verification of User Information or to enforce a regulatory limit. You may be required to complete certain actions on your Proxy Purchase Account to remove the limitation.
6. Use of the Website. You may not modify, alter, reproduce, distribute or make the Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Website. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable laws or regulations or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the Website or any content available through the Website.
7. Open Source or Third Party Software. The Service may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.
8. Third Party Services and Linked Websites. The Service may contain links to third-party websites or services that we don’t own or control. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Mercari is not a party to those agreements; they are solely between you and the third party.
9. Service Provided "As Is". Mercari is dedicated to making the Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that the Service is provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
10. No Guarantee. We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will make reasonable efforts to help ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

5. Limitation, Suspension or Termination

Mercari reserves the right to change, suspend, limit or discontinue any of the Service, in whole or in part at any time for any reason, without notice (unless otherwise required by laws or regulations).

We may refuse to provide the Service to anyone and may terminate or suspend your Proxy Purchase Account (and any related Proxy Purchase Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by laws or regulations. For example, Mercari will promptly terminate without notice your Proxy Purchase Accounts if you are determined by Mercari to be a repeat offender.

If we terminate, limit or suspend your Proxy Purchase Account or access to the Service:

1. You will not be able to continue to use the Service.
2. If you use the Proxy Service, you remain responsible for fees, shipping fees, payment disputes/funds reversals, returns and remain obligated to resolve any disputes with the Proxy which are a result of purchases of Items occurring prior to termination/suspension.
3. We may require you to verify information including but not limited to identity or contact information. Mercari may refuse your access to or suspend you from all or part of the Service until the completion of such verification.

6. Handling of coupons

You may earn coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Mercari. The value that may be earned by using coupons and/or other conditions of coupons shall be subject to the applicable campaign rules provided by Mercari. To the extent permitted by laws or regulations, Mercari may change the rules and may terminate the entire coupon system without any refunds or other compensation for existing coupons and/or credit earned by using coupons.

1. You will not be able to exchange coupons for cash, property, or any other economic benefits and/or any other benefits.
2. You will not be able to transfer coupons to any other user or person.
3. Mercari will not refund coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the coupons shall be determined by Mercari in accordance with the applicable laws and regulations.
4. Coupons will expire in accordance with the applicable campaign rules provided by Mercari. Once expired, coupons will not be reinstated.

7. Indemnification; Limitation of Liability

Indemnity.

We hope this never happens, but if Mercari gets sued because of an action you took using the Service, you agree to indemnify us and assist in defending Mercari to the best of your ability. That means you must assist Mercari in defending any matter in which you were involved in by providing relevant information and documents. You must hold us harmless from any legal claims or demands (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of the Service, your breach of the Terms, or your Proxy Purchase Account’s infringement of someone else’s rights.

You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Mercari from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your acc is ess to, use of, or alleged use of, the Service; (ii) your violation of any portion of the Terms, any representation, warranty, or agreement referenced in the Terms, or any applicable laws or regulations; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. MERCARI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTE BY LAWS OR REGULATIONS, IN NO EVENT SHALL MERCARI , ITS ASSILIATES, NOR THEIR OFFICERS, EMPLOYEES, DIRECTORS OR SUPERVISORS BE LIABLE TO YOU FOR ANY ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MERCARI HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF MERCARI TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.

MERCARI SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR PROXY PURCHASE ACCOUNT, RESTRICTING ACCESS TO YOUR PROXY PURCHASE ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

MERCARI SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES, THE RECEIPT, PROCESSING, ACCEPTANCE, OR THE SERVICE.

EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure.

Mercari shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

8. Miscellaneous

1. The Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Mercari.
2. The Terms and the Guidelines supersede any other agreement between you and Mercari regarding the Service.
3. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
4. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
5. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
6. You may not assign or transfer the Terms or your rights and obligations under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms, or any of our rights and obligations under the Terms, at any time without your consent.

9. Notice

If Mercari determines that there is a need to notify or contact you, it will do so by sending a text message, email, or letter to the phone number, email address or mailing address provided by you. Alternatively, the notice may be displayed on the website, or by other reasonable means. Mercari shall not be liable for any damages incurred due to the fact that Mercari’s notice or communication was not received or was delayed.

You may print or download the Terms and Guidelines.

10. Governing Law and Jurisdiction

The Terms shall be governed and construed under the laws of Japan. Any dispute that arises between you and Mercari shall be submitted to the exclusive jurisdiction of Tokyo District Court as the court of first instance.

LIST OF JURISDICTIONS

1. Taiwan

PROXYS FOR YOUR JURISDICTION