Swimmy Membership Agreement
Article 1(Swimmy member)
1. For the members, you can use the service according to the conditions set by Swimmy.
Customers can use the various services provided by the Swimmy Group through their account. However, there may be cases where registration of separately specified items is required for such services, In addition, it is necessary to agree to the terms of services in advance.
2. Membership services include incentive programs or loyalty programs. The contents and terms of use of these program will be as stipulated in the terms and conditions established separately by Swimmy.
Article 2 (Member registration)
1. After agreeing to these terms and completing the prescribed registration procedure, a contract between you and Swimmy that contains terms will be an “Agreement” will be established and you will be eligible as a member. The member registration procedure must be performed by the member himself / herself. Customers who have obtained these qualifications under this section are referred to as "members".
2. Swimmy may refuse membership applications from those whose membership has been revoked in the past or from those who have determined that Swimmy is not suitable.
3. When registering, please carefully check the notes on entry and submit the prescribed document. Please register with truthful and accurate information. Swimmy will not be liable for any damages caused to you by any false, incorrect, or missing information.
Article 3 (Announcement by Swimmy)
1. For notifications from Swimmy regarding membership services, the latest information will be sent to you by e-mails, or it will be posted in a website operated by Swimmy or other methods deemed appropriate by Swimmy.
2. When Swimmy sends a notification by sending an email, When Swimmy sends an email in the previous section and the member becomes able to view the email, You agree in advance that the notice from Swimmy will be consider to have arrived 24 hours after Swimmy sends the email, whichever comes first.
Article 4 (Handling of personal information)
Swimmy will properly handle personal information acquired by members regarding the use of services for application in accordance with the Swimmy Privacy Policy.
Article 5 (Changing registration information)
If there is a change in the information registered as a member (referred to as “registration information”), please change the registration information promptly. Swimmy shall not be liable for any damage caused to the member due to no change in registration information. Even if changes are made, transactions that have already been processed before the change will be based on the information before the change. If it is necessary to notify the other party of the transaction of the registered information, please contact the other party directly.
Article 6 (Prohibited matter)
When using the member service, members shall not perform the acts specified in the following items or acts that may cause them.
1.Violations of statutes, court decisions, decisions or orders, or legally binding administrative measures
2.Behaviors that endanger public order or good customs
3. Providing benefits and other cooperative behaviors against anti-social forces
4.Swimmy, Swimmy Group, or infringement of the rights, interests, reputation, etc. of third parties
5. Acting as a third party or deliberately sending false information
6. Illegal collection, disclosure or provision of third parties personal information and other private information
7. Unlawful access, use of third party account behavior, creation or holding of multiple accounts, other similar behavior
8. Inducing member service to misbehave
9. Unusual intentional theft of member services, or the use of non-normal intentions, the production of external tools or the release of behavior
10. Behaviors that are overburdened by member services or servers of Swimmy
11. Sending harmful programs such as computer viruses to Swimmy, Swimmy Group or third parties or spreading behaviors
12. Acts in violation of the purposes of this Treaty or Member Services
13. Other behaviors judged by Swimmy to be inappropriate
Article 7 (discontinuation of use, cancellation of membership, etc.)
1. If Swimmy determines that a member belongs to any of the following categories, members will stop using membership services or cancel membership without further notice and take measures. Swimmy is not liable for any adverse or damage caused by its members.
1.If a member violates the law or this Agreement
2. If members misconduct in using membership services
3. When it is necessary to ensure the safety of members, for example, when the password is entered more than a certain number of times, an error occurs.
4. and acts judged to be equivalent by Swimmy
2. Except for the preceding paragraph, Swimmy may take the measures prescribed in the preceding paragraph without further notice if its members have not logged in a certain number of times within a specified period of time.
Article 8 (Membership withdrawal and termination of this Agreement)
1. Members may terminate this Agreement at any time through the withdrawal procedure prescribed by Swimmy.
2. According to the preceding clause, members will not be able to use the account and membership services once this agreement is terminated for any reason. Immediately, all rights related to Swimmy's membership services will be terminated and members will not be able to file any claims against Swimmy. However, if a member is liable to Swimmy Group before the termination of this Agreement, the obligation will not be terminated and the member will pay the debt immediately after the termination of this Agreement.
3.However, if the member is in debt to the Swimmy group before the termination of this agreement, the obligation will not be terminated and the member will repay the debt immediately after the termination of this agreement. Before completing the withdrawal procedure, please confirm the precautions before canceling the membership.
Article 9 (Change, interruption, termination of membership services, etc.)
1. Swimmy may change or add all or part of its membership service content according to the company's judgment without prior notice to its members.
2. Swimmy may notify its members in accordance with the manner specified in Article 6 and terminate the provision of its membership services at the judgment of Swimmy.
3. Swimmy may temporarily suspend all or part of its membership services without prior notice to its members in the following specific circumstances.
1.Periodic or emergency maintenance of the system
2. Overload of the system due to excessive access
3. Ensure the security of members, Swimmy, Swimmy Group or third parties if necessary
4. When it is difficult to provide membership services due to the irresistible forces such as the termination of communication lines, natural disasters, fires, blackouts, other accidents or wars, disputes, riots, riots, labor disputes, etc.
5. Other circumstances judged necessary by Swimmy
4. Swimmy shall not be liable for any damage to its members caused by measures taken under this Article.
Article 10 (Denial and Exemption of Guarantee)
1. Swimmy does not provide any guarantee that there are no errors, thefts or security deficiencies in the membership services, content and all other information provided by Swimmy, and that they do not infringe on the rights of third parties, as well as laws and regulations of the same nature and applicable to members. Members should understand the existing membership services and use them under the commitment to assume personal responsibility.
2. Swimmy does not guarantee any infringement of the authenticity, accuracy, up-to-date, usefulness, reliability, legitimacy and third-party rights of the available services in its member accounts. Swimmy is not liable for any damage to the use of services. 3. For the use of the relevant Swimmy Membership Services, damage (including foreseeable damage or unforeseen damage) to the general or direct extent of the actual damage or special circumstances of the Membership, except for compensation for intentional or gross negligence of Swimmy, occurs to the Members. Swimmy also shoulders no responsibility.
Article 11 (Amendments to the Articles of Association, etc.)
1. Swimmy may amend this Treaty at any time and may add other provisions, conditions, etc. to this Treaty. Amendments to these Provisions and additions to the Provisions and Conditions shall be legally effective when they are published on the website provided by Swimmy.
2. Swimmy may transfer the business related to membership services to a third party, or inherit it through merger or division of the company. The status, rights and obligations in this contract may be transferred to the heirs. Members need to agree.
Article 12 (Jurisdiction by Law and Agreement)
This statute will be interpreted in accordance with Japanese law. If litigation is required, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive agreement jurisdiction court of first instance.
2019/09/20 Swimmy Inc