This English translation is provided for reference purposes only. The Japanese version is the official text and shall prevail in the event of any discrepancy.

Mercari Terms of Service

日本語版はこちら

These Terms of Service (these “Terms”) set forth the terms and conditions governing the use of our services provided at “Mercari” (the “Service”), an online platform operated and provided by Mercari, Inc. (“we,” “us,” “our,” or “ours”).

Article 1. Scope of the Service and Our Role

1. The Service is an online marketplace. The scope of the Service is as described in these Terms and in the Guidelines.
2. Any sales contract formed through the Service is concluded directly between Users (as defined in the following Article). All rights and obligations related to such contracts belong only to the Users involved.
3. We provide a marketplace and opportunity for Users to buy and sell goods and are not a party to any sales contract between Users. However, to operate the Service properly, we may, at our discretion, contact Users, process the completion or cancellation of transactions, provide compensation, or take other necessary measures in accordance with the Terms and Guidelines and other applicable rules.

Article 2. Definitions

1. Definitions

Unless otherwise defined or clearly required by the context, the following terms as used in these Terms have the meanings set out below:

1. “Foreign PEPs” means any of the persons listed in “Who are foreign PEPs (politically exposed persons) (individuals holding a prominent position in a foreign government, etc.)?”.
2. “Guidelines” means our guidelines and other rules for the Service.
3. “Buyer” means a User who buys an item through the Service.
4. “Personal Information” means “personal information” as defined in the Act on the Protection of Personal Information (Act No. 57 of 2003, as amended). This includes information provided by a User, such as name, postal code, address, date of birth, gender, occupation, phone number, account information (including email address and password), profile information (including nickname, hobbies, family details, age, and other personal attributes), credit card information, usage history, and other information that can identify a specific individual (including information that can be easily combined with other information to identify that individual).
5. “Content” means information posted or shared on the Service by us or a User.
6. “Listing” (also “List”) means posting or sharing by a User of Content needed to sell an item in the Service so that other Users can view and buy it.
7. “Seller” means a User who Lists an item for sale through the Service.
8. “Purchase Price” means the price of an item agreed between the Seller and the Buyer under a sales contract when the item is purchased through the Service. (In general, the Purchase Price matches the Listing Price. However, for example, in the case specified in Article 16, paragraph 3, the Purchase Price will be determined differently under the aftermentioned provision and may not match the Listing Price.)
9. “Listing Price” means the price of an item set by a Seller when Listing it through the Service.
10. “Privacy Policy” means our privacy policy (regardless of its title).
11. “Points” is the combined term for free points and paid points as defined in the Merpay Terms of Service.
12. “Terms and Guidelines” means these Terms and the Guidelines, all of which shall constitute the Terms and Guidelines.
13. “Merpay Balance” means funds that a User deposits into a Merpay account under the Merpay Terms of Service after completing identity verification process required by the Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of 2007, as amended; the “Act”). These funds are recorded in the account at a rate of 1 Merpay unit to one (1) Japanese yen and can be used for making payments to participating merchants and for other purposes.
14. “Merpay Balance User” means a User who has completed the identity verification process required by the Act and has been approved by Merpay to use the services related to the Merpay Balance.
15. “Merpay” means Merpay, Inc.
16. “Merpay Terms of Service” means the terms and conditions that govern the use of payment service, the Merpay Balance service, and the Points service provided by Merpay to Merpay service users.
17. “User” means an individual residing in Japan or an entity designated by us who uses the Service in Japan after agreeing to the Terms and Guidelines.
18. “Service Fee” means a fee that we charge Users in connection with their use of the Service (including selling fees, payment processing fees, and other fees, regardless of their name).

2. Scope of Application

The definitions in this Article apply to these Terms, the Privacy Policy, and the Guidelines, unless otherwise defined or clearly required by the context.

Article 3. Agreement to and Modification of the Terms and Guidelines

1. Agreement to and Application of the Terms and Guidelines

The Terms and Guidelines set the conditions for using the Service between Users and us and apply to all relationships related to the use of the Service between Users and us. A User must use the Service after agreeing to the Terms and Guidelines and, by using the Service, is deemed to have agreed to the Terms and Guidelines.

2. Minors

If a User is a minor, the User must obtain the comprehensive consent of their parent or legal guardian or other legal representative before using the Service. If a User is a minor, we may contact the User or their legal representative to confirm that consent has been obtained.

3. Modification of the Terms and Guidelines

We may modify the Terms and Guidelines whenever necessary by posting the updated Terms and Guidelines in an appropriate place on our website or in our application. If a modification is made to the Terms and Guidelines and a User continues to use the Service thereafter, the User is deemed to have agreed to the modified Terms and Guidelines. Users who do not agree to the modification must stop using the Service. We are not liable to Users for any loss or damage resulting from the revision and modification of the Terms and Guidelines, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 4. User Registration and Account Information

1. Registration

A User must complete user registration on their own. A User must provide accurate information when registering.

2. Prohibition of Having Multiple Accounts

Individual Users and those wishing to register for the Service (collectively, “Individual/Prospective User”) cannot have more than one account.

3. Prohibition of Registration by Businesses

Businesses other than entities designated by us cannot register for or use the Service. Such businesses should apply to join Mercari Shops after agreeing to the Mercari Shops Merchant Terms and Conditions.

4. Refusal of Registration

We may refuse a registration request if any of the following applies:

1. The person/entity making the request does not meet the user requirements specified in Article 3, paragraph 2, or paragraph 2 of this Article.
2. The person/entity making the request has previously had their account temporarily suspended or faced other actions due to their violation of the Terms and Guidelines or other reasons.
3. The registered information contains inaccurate or false information.
4. We reasonably determine that the person/entity making the request has engaged, or may engage, in conduct that disrupts or interferes with our operations, our provision of the Service, or another User’s use of the Service.
5. We find that the person/entity making the request is an organized crime group, a member of an organized crime group, an individual who has been a member of an organized crime group within the past five years, a quasi-member of an organized crime group, a company associated with an organized crime group, a corporate racketeer, a racketeer under the guise of a social or political movement, a group engaging in criminal activity through the misuse of legal or other specialized knowledge, or any other similar individual or group (collectively, “Organized Crime Group Member”), or a terrorist or other individual or group subject to economic sanctions by the Japanese government or a foreign government, or has a close relationship with an Organized Crime Group Member (this includes having a relationship with a member of an organized crime group or similar person that involves any of the following: Providing funds or other benefits to such persons; exploiting or engaging such persons for improper purposes; in the case of a legal entity, being controlled by or subject to substantial involvement in its management by such persons; or any other relationship with such persons that would be deemed socially unacceptable) (all the individuals and groups listed above are hereinafter collectively referred to as an “Antisocial Force”).
6. We reasonably determine that the person/entity making the request is, or may be, a Foreign PEP.
7. We otherwise reasonably determine that the person/entity making the request should not be registered.

5. Undertakings by Individual/Prospective Users

Individual/Prospective Users warrant and undertake that they are not, and will not be, an Antisocial Force and that they will not, directly or through a third party, make violent demands, unreasonable demands beyond legal liability, use threats or physical violence in transactions, harm our reputation or obstruct our business operations by spreading rumors or using fraudulent means or force, or engage in other similar conduct.

6. Changes to Registered Information

A User must immediately update their registered information when changes occur and is responsible for managing and correcting the registered information to ensure that it is always accurate. If a User fails to update their registered information, we may treat the existing information as correct. Even if an update of registered information is notified, transactions or procedures completed before the update may be based on the previous information.

7. Management of Account Information

A User is responsible for managing their email address, password, and other registered account information (“Account Information”). A User may not allow third parties to use their Account Information or to transfer, sell, pledge, lend, rent, or otherwise dispose of it.

8. Unauthorized Use of Account Information

A User is liable for any loss or damage resulting from leakage of their Account Information due to their insufficient management, their mistakes in using the Account Information, a third party’s use of the Account Information, unauthorized access to the Account Information, or other similar incidents involving the Account Information. We are not liable for such loss or damage unless it is attributable to our willful misconduct or negligence. If we incur any loss or damage due to unauthorized use of Account Information, the User is liable to us for the loss or damage.

9. Leakage of Account Information

A User must promptly notify us if their Account Information is, or there is a possibility that it has been, leaked to a third party. The User must comply with our instructions.

Article 5. Cancellation of User Registration

1. Cancellation of User Registration and Temporary Account Suspension

If a User falls under, or is reasonably determined by us to fall under, any of the following items, we may, without giving prior notice or the reason, cancel their user registration, deny their access to the Service in whole or in part, temporarily suspend their account, delete all or part of the Content or information related to them, or take other necessary measures. In order to confirm that the User does not fall under any of the following items or to take the measures described in the proviso of Article 11, paragraph 4, we may verify their identity as necessary, and until such verification is completed, we may deny their access to the Service in whole or in part, temporarily suspend their account, or take other necessary measures:

1. The User violates laws and regulations or the Terms and Guidelines.
2. The User engages in a wrongful act.
3. We determine that the registered information contains false information.
4. The User fails to complete procedures or contact us as required under the Terms and Guidelines.
5. The registered information duplicates existing registered information.
6. The registered mobile phone number or email address is found to be unreachable.
7. The User becomes insolvent, has no financial resources, suspends any payment, or becomes unable to pay debts as they become due.
8. The User causes unreasonable inconvenience to another User or a third party.
9. It is found, upon notification by a financial institution or otherwise, that the User’s registered account at the financial institution is illegal, inappropriate, or otherwise problematic.
10. The User falls under any of the items in Article 4, paragraph 4.
11. The User, directly or through a third party, makes violent demands, makes unreasonable demands beyond legal liability, uses threats or physical violence, or harms our reputation or obstructs our business operations by spreading rumors or using fraudulent means or force.
12. We otherwise determine that the User is inappropriate as a User.

2. Prohibition of Using the Service

We may prohibit Users who have become subject to any of the measures specified in this Article from using and accessing all services provided by us now and in the future.

3. Limitation of Liability

We are not liable to Users for any loss or damage resulting from any of the measures taken under this Article, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 6. Account Closure

1. Procedure to Close the Account

A User may request the closure of their account. When we approve the request, their account will be closed. However, if there is any incomplete transaction process, such as payment or shipping, the User cannot close their account. The User must complete the transaction successfully without delay in accordance with the Terms and Guidelines before requesting account closure. If, at the time the User wishes to close their account, the User holds any sales proceeds, Merpay Balance, or Points, the User must withdraw or use all the sales proceeds, Merpay Balance, or Points in accordance with the Merpay Terms of Service before account closure.

2. Limitation of Liability

We are not liable to Users for any loss or damage resulting from any of the measures taken under this Article, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 7. Handling of Personal Information

1. Privacy Policy

We handle all Personal Information and other similar information in accordance with the Privacy Policy as well as the Terms and Guidelines.

2. Consent to the Privacy Policy

Before using or viewing the Service, a User must read and give consent to the Privacy Policy on the Service.

3. User’s Use of Personal Information

A User may use Personal Information and other similar information obtained through the Service only for the purpose of using the Service.

Article 8. Prohibited Conduct

We prohibit Users and third parties having access to the Service from engaging in conduct that we reasonably determine falls within any of the conduct prohibited in the Guidelines (“Prohibited Conduct”).

Article 9. Listing of Items

1. Listing Procedure

A Seller must List items in accordance with our Listing procedure. Before Listing items, a Seller must enter into a merchant agreement with us and Merpay. A Seller must use the Service in accordance with the Terms and Guidelines and the Merchant Terms and Conditions (for Mercari Sellers) established by us and Merpay (the “Merchant Terms”). We may set standards for the Listing methods specified in the Guidelines, review Sellers’ Listing methods, and restrict the use of such Listing methods for Sellers who do not meet the standards.

2. Prohibited Items

A Seller agrees in advance that they may not List any of the items prohibited in the Guidelines (“Prohibited Item”). Listing a Prohibited Item, whether willfully or negligently, is deemed a violation of the Terms and Guidelines.

3. Item Description

A User must not engage in improper Listing practices, including Listing an item with no genuine intention to sell or providing insufficient or misleading item information. A Seller must not post images or other descriptions unrelated to the Listed item as part of the item information.

4. Compliance with Laws

When Listing an item, a User must comply with applicable laws and regulations, including the Secondhand Goods Business Act, the Act on Specified Commercial Transactions, the Act against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, and the Copyright Act.

5. Listing Intended for Specific Users

A User may not List items with the intention of selling them only to specific Users. We may, at our discretion, determine whether a Listing is intended only for specific Users based on the Listing conditions and other circumstances.

6. Listing-Related Violations of the Terms and Guidelines

If we reasonably determine that a Listing violates the Terms and Guidelines or the Merchant Terms or is otherwise inappropriate, we may, at our discretion, cancel the Listing or cancel the purchase or other transactions for the Listing, in addition to the measures specified in Article 5. We are not liable to Users for any loss or damage resulting from any of the measures taken under this paragraph, unless the loss or damage is attributable to our willful misconduct or negligence.

7. Limitation of Liability

We are not liable to Users or third parties for any loss or damage resulting from any User’s Listing or other conduct, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 10. Purchase of Items

1. Purchase Procedure

A User must place orders with an intention to buy in accordance with our purchase procedure.

2. Intention to Buy

A User may not place orders without an intention to buy or other orders that we determine to be obstructive.

3. Necessary Data

Users agree in advance that their orders will become invalid if we cannot confirm that the required data, such as the Purchase Price or the action-based selling intent data, has reached our servers within the time frame during which transactions can be initiated as designated by us.

4. Prohibition of Sellers from Buying Their Own Listed Items

A Seller may not buy their own Listed items. To remove a Listing, a Seller must do so in accordance with our Listing removal procedure.

5. Limitation of Liability

We are not liable to Users or third parties for any loss or damage resulting from any User’s placement of orders, purchase, or other purchase-related acts, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 11. Payment and Transactions

1. Formation of a Sales Contract

A sales contract for a Listed item becomes effective when the Buyer completes the procedure to buy the item. The Seller and the Buyer may not assign, offer as security, or otherwise dispose of any of their respective rights or obligations arising under the sales contract to or in favor of any third party.

2. Payment Deadline and Shipping Cost

Once a sales contract becomes effective, the Buyer must pay the total amount of the Purchase Price and the Service Fee in accordance with our payment procedure. If the Seller pays for shipping, the shipping cost is included in the Purchase Price. If the Buyer pays for shipping, the item will be shipped freight collect.

3. Shipment

A Seller must ship the item after the Buyer’s settlement of the Purchase Price has been completed.

4. Disputes over Items

The Seller and the Buyer must conduct the transaction in good faith. Any disputes over the items or other related matters must be resolved between them. However, to operate the Service properly, we may, at our discretion, contact the Users, process the completion or cancellation of the transaction, provide compensation, or take other necessary measures.

5. Cancellation and Item Defects

When using the Service, an order may not be canceled once placed unless the Seller and the Buyer agree otherwise. If the item has defects, clearly differs from the description, is damaged during delivery due to poor packaging, or has other problems, the Seller must issue a refund, accept the return, replace the item, or take other necessary measures. However, if, before the completion of the transaction as defined in Article 12, paragraph 3, the Seller and the Buyer notify us, by the method specified by us, that the transaction has been canceled and the item has been returned, Merpay will receive the refund money from the Seller and remit the money to the Buyer in accordance with its refund procedure as long as we approve such cancellation. The Buyer agrees to authorize Merpay to receive the refund money on their behalf.

6. Payment Procedure

1. All necessary payment or settlement processes related to the Service must be carried out through its online system, with the details as provided in the Guidelines. Since neither we nor Merpay sells items or provides services to Users in connection with their use of the Service, we do not issue receipts or similar documents to Users for their payments or Merpay Balance or for the Points they use. The Users’ responsibility for costs required for payment is governed by the Guidelines.
2. Merpay may make advance payments of the Purchase Prices to Sellers to process the settlement (this payment is hereinafter referred to as the “Advance Payment Settlement”) in accordance with its policies. In such cases, the Buyer must pay the Purchase Price and the Service Fee (“Amount Due”) to Merpay by the method specified in the Guidelines no later than the last day of the month following the month in which the purchase procedure is completed (“Due Date”).

7. Nonpayment and Late Payment

1. If a User fails to make payment in accordance with the Terms and Guidelines, delays payment, or has the use of their registered credit card or bank account suspended, Merpay may, through us, temporarily suspend the User’s account and also take the measures specified in Article 5 without notice.
2. If a Buyer using the Advance Payment Settlement fails to pay any Amount Due to Merpay on or before the Due Date as defined in item (2) of the preceding paragraph, Merpay may suspend the Buyer’s access to the service for Advance Payment Settlement.
3. If there is any outstanding Amount Due, Merpay may entrust the collection of the outstanding amount to a third party.
4. If a Buyer fails to pay any Amount Due on or before the Due Date, Merpay may charge a late payment fee at an annual rate of 14.6%.

8. Limitation of Liability

We are not liable to Users for any loss or damage resulting from a third party’s unauthorized use or any inaccuracy of their registered information on payment methods or bank accounts, or from measures taken by us or our failure to take measures under this Article, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 12. User Ratings

1. Rating by the Buyer

Upon receiving an item, the Buyer must promptly inspect it and rate the Seller in accordance with our rating procedure. If the Buyer wishes to cancel the transaction under Article 11, paragraph 5 for such reasons as defects in the item or clear differences from the item description, the Buyer must not rate the Seller.

2. Rating by the Seller

After the Buyer rates the Seller, the Seller must rate the Buyer in accordance with our rating procedure.

3. Completion of Transactions

A transaction is considered complete when the Seller has received the Buyer’s notice of arrival of the item and rated the Buyer under the preceding paragraph within two weeks from the completion of the settlement of the Purchase Price. If the Seller completes the required procedure for the transaction while the Buyer fails to rate the Seller within the designated time frame, or if we deem it necessary, we may treat the transaction as complete.

Article 13. Our Cancellation of Sales Contracts

1. Even after a sales contract becomes effective, we may cancel the contract if any of the following applies or is reasonably determined by us to apply:

1. The Buyer fails to pay, or delays payment of, the total amount of the Purchase Price and the Service Fee.
2. The Seller fails to ship the item.
3. We otherwise deem cancellation necessary to operate the Service properly.

2. In the event of cancellation of a sales contract under the preceding paragraph, the Buyer and the Seller must take all necessary measures to restore the item to its state before the conclusion of the sales contract, including returning the item received.

3. If we deem it necessary in order to operate the Service properly, we may offer to the Buyer or the Seller full or partial compensation (including payment of compensation or other compensatory measures) up to the Purchase Price of the sales contract. If we provide such compensation equivalent to the Purchase Price to a User, we may require the User to transfer (including delivery and all other procedures necessary for transfer) the ownership of the item (or the right to compensation if the ownership cannot be restored) to us. Ownership of the item will transfer to us upon our request for its transfer.

Article 14. Selling Fee and Withdrawal Request

1. Selling Fee

When a sales contract becomes effective, the Seller must pay us a selling fee, which is calculated by applying the rate specified in the Guidelines to the Listing Price of the item. The selling fee for an item is displayed when the Seller sets the Listing Price (adjustments may apply in the case referred to in Article 16, paragraph 3, among other cases). Selling fees for the Service are collected under the merchant agreement between us, Merpay, and the Seller by deducting the amount from the Purchase Price received by Merpay on behalf of the Seller or, in the case of the Advance Payment Settlement, from the amount equivalent to the Purchase Price paid by Merpay. The Seller agrees in advance to this collection method. The Seller also agrees in advance that if the Seller chooses a delivery method specified in the Guidelines, they will authorize us to make payments to the delivery company, and Merpay will collect the delivery charge by deducting it from the Purchase Price on our behalf under the merchant agreement between us, Merpay, and the Seller.

2. Withdrawal Request

1. After a transaction is complete, we will notify Merpay, and the Seller (excluding Merpay Balance Users) must request the withdrawal of the sales proceeds from Merpay within 180 days in accordance with the procedures specified in the Mercari application under the Merchant Terms.
2. If a Buyer using the Advance Payment Settlement fails to pay the Amount Due on or before the Due Date and holds any sales proceeds (or any Merpay Balance if the Buyer is a Merpay Balance User), the sales proceeds (or the Merpay Balance) will be automatically set off against the Amount Due (including the Service Fee and a late payment fee; the same applies hereinafter) on the day following the Due Date. Similarly, if there is any outstanding Amount Due from a Buyer on or after the Due Date, any sales proceeds (or any Merpay Balance if the Buyer is a Merpay Balance User) obtained by the Buyer on or after the date will be automatically set off against the Amount Due immediately.
3. If a Buyer using the Advance Payment Settlement fails to pay the Amount Due on or before the Due Date (and did not choose bank transfer as the payment method) and the Buyer has registered bank transfer as one of the payment methods, Merpay may collect the Amount Due by automatically switching the payment method to bank transfer through the registered bank account after the Due Date, as long as the account has a sufficient balance. Similarly, if there is any outstanding Amount Due from a Buyer on or after the Due Date, and any new deposits are made into its bank account on or after the date, Merpay may collect the Amount Due from the deposit balance immediately by bank transfer.

Article 15. Use of Merpay Balance and Points

A User may use their Merpay Balance and Points for purchases in the Service. The details and conditions for use of Merpay Balance and Points are subject to the Merpay Terms of Service.

Article 16. Coupons

1. Acquisition of Coupons

A User can earn coupons through campaigns in the Service or other procedures designated by us in the Service. Coupons must be earned in accordance with the conditions displayed by us in the Service.

2. Use of Coupons

A User can apply their coupons to purchases in the Service. Coupons must be used in accordance with the conditions displayed by us in the Service.

3. Processing After Use of Coupons

A Seller agrees in advance that if a coupon is applied to an item Listed by them, the Listing Price will be reduced by the coupon’s value or percentage.

4. Coupon Exchange

A User cannot use coupons for purchases other than those designated by us in the Service or exchange coupons for cash, goods, or other economic benefits. Coupon refunds are not available for any reason, except as required by laws and regulations. Refunds required by laws and regulations will be made in accordance with our refund procedure established under applicable laws and regulations and displayed on our website or elsewhere.

5. Coupon Validity

Coupons can be used within 180 days of acquisition or within a different time frame separately specified by us beforehand. Expired coupons are void. The effective period of a coupon commences on the date the coupon is originally earned, including cases where a coupon once used is returned due to cancellation of the transaction for which it was used.

6. Account Closure or Cancellation of User Registration

All coupons held by a User will expire and cannot be used any longer if the User closes their account for any reason or if their user registration is cancelled.

Article 17. Our Listing and Sale of Items

1. We may List or sell items in the Service. Such Listing or sale will not affect the nature of the Service as an online marketplace service that provides a marketplace and opportunity for Users to buy and sell goods.
2. Our Listed items may not be delivered to the Buyer if there are system problems, shortages, shipping accidents, or other unavoidable circumstances. In such cases, we may terminate the sales contract with the Buyer at our discretion and will issue a refund to the Buyer or take other measures that we deem appropriate.
3. A Buyer of an item Listed by us cannot cancel the purchase or return the item unless we are at fault (including item defects or shipping of the wrong item), or such cancellation or return is attributable to our willful misconduct or negligence.
4. A Buyer of an item Listed by us must contact us in accordance with our contact procedure if the item has defects or if they receive any wrong item. In such cases, the Buyer must follow our instructions about the return of the item or other necessary measures, and we may issue a refund, replace the item, or take other measures that we deem appropriate.
5. A Buyer of an item Listed by us must pay the Purchase Price and take other procedures required of Buyers in accordance with the Terms and Guidelines. However, Article 10, paragraph 5, Article 12, and Article 14 of these Terms do not apply to items Listed or sold by us in the Service.

Article 18. Our Delivery of Items

1. When we sell items in the Service, we deliver the items to the Buyer on our own or through delivery service providers. A Buyer agrees that we or our delivery service providers may contact them by phone or other means, including at night, to confirm the time and date of delivery and other delivery details.
2. If a Buyer is not available at the delivery address at the time of delivery, the Buyer must schedule a redelivery within the number of days specified by us or the delivery service provider from the delivery date, as indicated in the attempted delivery notice left. If the Buyer fails to schedule a redelivery within the above period or is unavailable again at the time of redelivery or if the delivery is impossible due to the Buyer’s refusal to receive the item or unknown whereabouts or other circumstances, we may, at our discretion, terminate the sales contract or take other measures that we deem appropriate.
3. In the case referred to in the preceding paragraph, we are not liable to the Buyer or third parties for any loss or damage resulting from our termination of the sales contract or measures taken under the preceding paragraph, unless the loss or damage is attributable to our willful misconduct or negligence. On the other hand, the Buyer is liable to us for any loss or damage we incur in the case referred to in the preceding paragraph.

Article 19. Redirection to Other Services

While using the Service, a User may be redirected to another service operated by our Group or a third party (“External Service”). A User agrees in advance to such redirection and must use the Service and the External Service in accordance with the Terms and Guidelines, the terms of the External Service, and other applicable terms and conditions. We make no warranties as to External Services.

Article 20. Temporary Suspension, Discontinuance, and Modification of the Service

1. Temporary Suspension of the Service

We may temporarily suspend the Service in whole or in part without prior notice to Users if any of the following applies:

1. We can no longer provide the Service due to failures in or problems with our servers, communication lines, or other facilities, or for other reasons.
2. We perform regular or emergency maintenance, inspections, repairs, or modifications to our systems (including servers, communication lines, power supplies, and buildings that house them).
3. We can no longer provide the Service due to fire, power outage, or other incidents.
4. We can no longer provide the Service due to earthquakes, volcanic eruptions, floods, tsunamis, or other natural disasters.
5. We can no longer provide the Service due to war, disturbances, riots, civil commotion, labor disputes, or other force majeure events.
6. We can no longer provide the Service due to laws and regulations or measures taken thereunder.
7. We determine that temporary suspension is necessary for other operational or technical reasons.

2. Discontinuance and Modification of the Service

We may discontinue or modify the Service in whole or in part for any reason in accordance with the procedures required by applicable laws and regulations. If we discontinue the Service, we will, by a method that we deem appropriate, notify Users or make a public announcement in advance, provided it is possible.

Article 21. Intellectual Property Rights and Content

1. Ownership of Intellectual Property Rights

The rights to all materials constituting the Service are our sole property or that of third parties holding the rights. A User does not acquire any rights to such materials and must not engage in any act that may infringe any rights in Content materials, such as ownership, any intellectual property rights including copyrights, portrait rights, or publicity rights, without the rights holder’s permission. Grant of the right to use the Service under the Terms and Guidelines does not constitute a license to use our or any third party’s rights to the Service.

2. Our Use of Content

All photos, videos, information, and other Content of Listed items posted by Sellers may be freely used by us and parties designated by us for such purposes as Service-related promotions, operations, research and development, and announcements.

3. Responsibility and Liability for Content

An Individual/Prospective User is responsible and liable for all Content shared or posted by them in connection with the Service. We are not responsible or liable for verifying the details, quality, accuracy, reliability, legality, timeliness, usefulness, or other aspects of such Content. In addition, we make no guarantees as to any of these aspects.

4. Content Evaluation

An Individual/Prospective User is responsible for evaluating the content, quality, accuracy, reliability, legality, timeliness, usefulness, and other aspects of all Content shared or posted by other Individual/Prospective Users. We are not liable to Individual/Prospective Users or third parties for any loss or damage resulting from their use of our Content, unless the loss or damage is attributable to our willful misconduct or negligence.

5. Backup of Content

We are not obligated to back up Content. If necessary, a User must back up their Content at their own risk and expense.

6. Modification and Deletion of Content

If we determine that a User violates the Terms and Guidelines or engages in conduct inappropriate in light of the spirit of the Terms and Guidelines, we may modify or delete any Content posted by the User without prior notice.

Article 22. User’s Responsibility and Connection Environment

1. Preparation of Necessary Devices

A User must, at their own risk and expense, obtain and maintain the computer, smartphone, or other devices, software, communication lines, and other communication environments necessary to use the Service. A User must also install and operate such devices, software, and other communication environments at their own risk and expense. We do not warrant the compatibility of the Service with Users’ devices, software, or other communication environments. We do not provide support regarding the preparation, installation, or operation of Users’ devices, software, or other communication environments.

2. Transmission Through Networks

A User understands that their use of the Service may involve transmission through various networks and necessary modifications to data, signals, or other transmissions to meet the technical requirements for connecting or transmitting through their networks, devices, software, or other communication environments.

3. Completion of Procedures

Information registration, Listings, purchases, account closure, and other procedures conducted online by a User become effective when the relevant data is transmitted to our servers and reflected in our systems.

4. Resolution of Disputes

A User must resolve any disputes arising with another User or a third party in connection with the Service (including disputes based on the premise of future use of the Service) at their own risk and expense. A dispute must be resolved between the parties involved. The parties involved are jointly and severally liable to us for any loss or damage caused by the dispute.

5. Resolution of Disputes with Third Parties

Each User must resolve any disputes, including lawsuits and claims, with a third party arising in connection with the Service at their own risk and expense. If such dispute is attributable to the User’s willful misconduct or negligence, the User is jointly and severally liable to us for any loss or damage caused by the dispute.

6. Compensation for Damage

If a dispute arises between us and a User due to the User’s willful misconduct or negligence, the User is liable to us for any loss or damage caused by the dispute.

Article 23. Disclaimer of Warranties and Limitation of Liability

1. No Warranties Regarding the Service

We make no warranties as to the details, quality, or standard of the Service, the stability of its provision, any results of its use, or any other aspects of the Service.

2. Limitation of Liability

We are not liable to Users or third parties for any loss or damage resulting from any inaccurate, inappropriate, or unclear content, expressions, or acts related to the provision of the Service, unless the loss or damage is attributable to our willful misconduct or negligence.

3. No Warranties Regarding Information Provided

While we may provide information to Individual/Prospective Users from time to time in connection with the Service, we do not warrant its accuracy or usefulness.

4. No Warranties Regarding Computer Viruses

We do not warrant that all Content is free from computer viruses and other harmful elements. We are not liable to Users or third parties for any loss or damage resulting from any computer viruses or other harmful elements contained in any Content, unless the loss or damage is attributable to our willful misconduct or negligence.

Article 24. Damages

1. User’s Liability

If a User violates the Terms and Guidelines, the User is liable to other Users and third parties for any loss or damage resulting from the violation. The User and other parties involved are jointly and severally liable to us for any loss or damage resulting from the violation.

2. Limitation of Liability

We are not liable to Users for any loss or damage resulting from our temporary suspension, discontinuance, or modification of the Service, our cancellation of user registration, any deletion or loss of Content, or any loss of data or device failure caused by their use of the Service, or otherwise arising in connection with the Service, unless the loss or damage is attributable to our willful misconduct or negligence.

3. Scope of Our Liability

Even if we are liable to a User for any damage, our liability is limited to direct and ordinary damage actually incurred by them due to our non-performance or tort, unless the damage is attributable to our willful misconduct or gross negligence.

Article 25. Miscellaneous

1. Notice

1. All notices and communications from us to Users regarding the Service will be made by posting them in an appropriate place on our website or in our application or by other methods that we deem appropriate. If we deem it necessary to notify or contact a User, we may do so via their registered email address, address, or phone number, using the messaging function, email, postal mail, phone, or other means.
2. All notifications, communications, and inquiries from Users must be submitted to us through the contact form of the Service. We do not provide support by phone or in person. Upon receiving such communication or inquiry, we may verify the User’s identity in accordance with our verification procedure. We may determine an appropriate method for responding to inquiries at our sole discretion. Users may not determine the method of response.

2. No Assignment

A User may not assign, transfer, offer as security, lease, or otherwise dispose of their contractual status or rights or obligations under the Terms and Guidelines without our prior written consent.

3. Business Transfer

If we transfer the business related to the Service to a third party (including through a transfer of our whole business, our company split, or any other change of the operating entity of the Service), we may transfer Users’ contractual statuses, rights, and obligations under the Terms and Guidelines, as well as their registered information and other information, to the transferee. Users agree in advance to such transfer.

4. Severability

Even if any provision of the Terms and Guidelines, or any part of any such provision, is held invalid under the laws and regulations or by court decision, the remaining provisions or the remaining part of that provision will continue in full force and effect.

5. Consultation

For any matters not covered by the Terms and Guidelines or any ambiguity regarding their interpretation, we and the Users must seek prompt resolution through consultation in good faith.

6. Language

The Japanese version of the Terms and Guidelines is the original and controlling text. Even if an English translation is prepared for reference purposes, only the Japanese original will have legal effect, and the English translation will not be binding in any way.

7. Governing Law and Jurisdiction

The Terms and Guidelines are construed in accordance with the laws of Japan. A User agrees that any disputes between the User and us will be brought before the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the nature of the dispute.