1. About the website
Welcome to fukupochi.co.jp (the 'Website'). The Website provides
international money transfer services via the Internet (the
‘Services’).
Fukugu, Inc. is a 2nd type Funds Transfer Services
Provider registered with the Prime Minister under the Japan
Payment Services Act (Act No. 59 of 24 June 2009, the ‘Payment
Services Act’(Registration No: Kanto Local Finance Bureau no.
00059).
Access to and use of the Website, or any of its associated
Services, is provided by Fukugu, Inc. (together termed
'Fukugu'). Please read these terms and conditions (the 'Terms')
carefully.
2. Acceptance of the terms
By visiting our Website and/or using our Services, this signifies
that you have read, understood and agreed to be bound by the
Terms. You also confirm acceptance of the Terms by clicking to
accept or agree to the Terms where this option is made available
to you by Fukugu in the Website. If you do not agree with the
Terms, please cease usage of the Website, or any of the Services,
immediately. The following additional documents are to be read
together with the Terms:
Upon acceptance of the Terms, you also agree to the exchange of
information with Fukugu by electromagnetic means by way of either
email or notification on our Website.
3. Registration to use the services
You must be at least 18 years old and a resident of Japan to
access the Services.
In order to access the Services continuously, you must first
register for a customer account through the Website (the
‘Account’). Upon completion of the account registration
procedures, you will be a registered member of the Website
(‘Member’) and agree to be bound by the Terms.
4. Prohibition of duplicate accounts
Fukugu shall reject the registration of multiple accounts by a
single Member as prescribed by our Know Your Customer Policy
(‘KYC’). The only exception to the rule is where a Member has both
individual and corporate accounts with Fukugu and the Member acts
as an authorised company representative of the corporate accounts.
Each entity, individual or corporate, shall only be entitled to
one Account.
5. Know your customer (‘KYC’)
Fukugu will perform the identity verification prescribed in the
Act on Prevention of Transfer of Criminal Proceeds (Act No.22 of
31 March 2007) and other relevant laws and regulations upon your
registration for the Account.
You shall submit the identity verification documents as
prescribed by Fukugu in the manner prescribed by Fukugu at this
time.
The Member registration procedures shall be completed upon
verification of the Member’s identity through
1.
eKYC-Selfie: the Member taking a photograph of themselves by
following the instructions of our e-KYC during the Member’s
Account registration. This option is available for Individual
Accounts only; or
2.
Post: The Member receiving the registered mail sent by
Fukugu to the address of the Member.
Fukugu shall be entitled to access information from various public
and private databases in order to verify your identity. Fukugu
shall also be entitled to refuse your registration of Account at
its discretion taking into consideration the information at its
disposal.
6. Handling of personal information
Fukugu takes your privacy seriously and any personal information
of the Members provided through your use of the Website and/or
Services are subjected to Fukugu's Privacy Policy, which is
available on the Website. This Privacy Policy is deemed
incorporated as part of these Terms.
Fukugu will handle the personal information of the Members in
accordance with the “Company Regulations Related to Management
of User Information” set out by Fukugu.
Fukugu shall only provide your personal information to third
parties when required to do so by law. These third parties may
be
1.
Outsourced third parties for fulfillment of Services
(‘Payment’) as requested by you;
2.
Regulatory agencies for the purpose of preventing transfer
of criminal proceeds or any other law and regulations that
Fukugu is subjected to.
Some third parties that we may share your personal information
with are as table below.
Destination / Destination country
Curfex (HK) Limited
Relationship with the Company
Parent company
Purpose of use of the destination
To issue remittance funds, develop/maintain and manage
remittance systems, and manage system risks
Content of information provided
Name, address, contact information, date of birth, user ID,
remittance information and other information necessary for
member registration and remittance processing
Destination / Destination country
Malaysia
Relationship with the Company
Contractor of system maintenance and inspection work
Purpose of use of the destination
To perform system maintenance and inspection work
Content of information provided
Name, address, contact information, date of birth, user ID,
remittance information and other information necessary for
member registration and remittance processing
Destination / Destination country
List of countries where remittance is possible
Relationship with the Company
Outsourcee of payment of remittance funds
Purpose of use of the destination
To pay out remittance funds
Content of information provided
Name, address, contact information, date of birth, user ID,
remittance information and other information necessary for
member registration and remittance processing
7. Your obligations as a member
As a Member, you agree to comply with the following:
1.
You confirm that all information and documents provided to
Fukugu are true, accurate and up-to-date.
2.
You will use the Services only for purposes that are
permitted by:
a.
the Terms; and
b.
any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions;
3.
You have the sole responsibility for protecting the
confidentiality of your password and/or account login
details. Any use of your registration information (ie.
Password and/or account login details) by any other person,
or third party, is strictly prohibited. You agree to
immediately notify Fukugu of any unauthorized use of your
password or email address or any breach of security of which
you have become aware;
4.
Your access and use of the Website is limited,
non-transferable and allows for the sole use of the Website
by you for the purposes of Fukugu providing the Services.
Utilisation of Services on your Account on behalf of a third
party is strictly prohibited, except where you are an
authorised company representative for a corporate account;
and
5.
You are responsible for ensuring that the information
provided in the payment request submitted to Fukugu
(‘Instruction’) is accurate. Transactions cannot be
cancelled once a Payment has been executed by Fukugu.
Fukugu reserves the right to investigate any suspicious activity
or unlawful activity of the Members. If Fukugu has proof and/or
good reason to believe that there has been a breach or
non-compliance to the obligations outlined above, Fukugu may
proceed to immediately cancel any outstanding Instructions you
have and/or suspend your Account from all Services. Fukugu shall
also be entitled to provide information related to Payments,
including Member’s personal information, to regulatory agencies
and other such organisations as necessary. Fukugu may also
withhold customer funds when instructed by regulatory agencies
and other such organisations.
Fukugu shall not be liable for any damages arising from the
Member’s disclosing of their password and/or account login
details to a third party.
Fukugu assumes no liability in any way for any loss suffered by
the Members as a result of Payments executed in accordance with
the Instruction of the Member.
8. Services
8.1. Our services outlined
Fukugu shall execute an overseas funds transfer for the amount
specified by the Member to the party nominated by the Member
to receive such funds (the ‘Payee’) based on the Instruction
submitted by the Member and in accordance to this Terms of
Use. The Instruction must have all relevant information as
requested. These information requested are in line with the
regulatory requirements that govern our Services. It is your
responsibility to ensure that the information provided in the
Instruction is accurate and complete.
A payment service agreement shall be established between
Fukugu and the Member upon Fukugu’s receipt of the cleared
funds required for the transfer (the ‘Transfer Amount’) and
the fees charged by Fukugu for fulfilling this Service (the
‘Service Fees’).
In the event where Fukugu has outsourced operations involved
in the performance of Services to third parties, the payment
service agreement shall remain in effect between Fukugu and
the Member and shall not affect the rights and obligations of
Fukugu and the Member.
8.2. Using our services
The Member shall specify either the Transfer Amount or the
amount receivable by Payee (the ‘Receivable Amount’) and
submit an Instruction to Fukugu by one of the following
methods:
1.
Specifying Transfer Amount: Member will specify the Transfer
Amount in the local currency of the Member, i.e. JPY, and
the Receivable Amount in the local currency of the Payee
will be calculated based on the Transfer Amount specified.
2.
Specifying Receivable Amount: Member will specify the
Receivable Amount in the local currency of the Payee and the
Transfer Amount in the local currency of the Member will be
calculated based on the Receivable Amount specified.
Fukugu shall use a set exchange rate, where applicable when
calculating the Transfer Amount or the Receivable Amount. This
exchange rate shall be the mid-market rate published by
currencylayer or xe.com, calculated at the time when the
Instruction is received by Fukugu. However, the method of
determining the exchange rate may differ depending on the
country and currency. Upon receipt of the Instruction, we
shall provide you with a Quote with the Transfer Amount and
the corresponding Receivable Amount, or vice versa, the
exchange rate used, estimated Payment time required and the
Services Fees. The exchange rate offered in the Quote shall be
valid for 24 hours.
After submitting the Instruction, the Member shall transfer
the Transfer Amount and Services Fees (as provided in the
Quote) to the bank account designated by Fukugu.
We will proceed with the Payment upon receipt of the funds for
the Transfer Amount and Service Fees (‘Cleared Funds’) from
the Member.
Within two (2) business days of Payment, a Transfer Complete
will be sent to your email and made available on your Account
on the Website. This is for your record keeping purposes and
concludes the Services for the Instructions provided. Such
Transfer Complete confirmation by us is made on a best effort
basis. Shall there be any discrepancies, Fukugu shall not be
held liable in any means.
8.3. Notes about our services
1.
Our Services has an upper limit of JPY 1,000,000 per
transaction (not including transaction fees) or the foreign
currency equivalent thereof. For transactions requested from
our Website, there is minimum fee of JPY 500 per
transaction.
2.
Any Instruction received after 5 pm JST on a business day or
not on a business day, will be deemed to have been received
on the next business day.
3.
It’s our promise to our Members that will do our best to
honour the exchange rate provided in the quote, however, we
shall not be responsible for any reductions in amount
received that are due to the changes in the foreign exchange
market. In the spirit of good faith, the exchange rate will
be refreshed to the latest mid-market rate at time of
receipt of the Cleared Funds when
a.
There’s a 2% or more change in exchange rate within the
24 hours validity period; or
b.
The Cleared Funds required for the transfer is only
available to Fukugu after the 24 hours validity period.
4.
In the event of a refreshed exchange rate, Members will be
sent an email and notification in their Account to confirm
their preferred course of action in the event of a refreshed
exchange rate. These are either
a.
Fukugu to proceed with Payment with the refreshed exchange
rate. A revised Quote would be provided to you with the
updated exchange rate and updated Receivable Amount; or
b.
Fukugu to cancel the Instruction and proceed with refund of
Cleared Funds (deducting Refund Fee) into your nominated
account for refunds (‘Refund Account’) in your Account
profile; or
c.
Fukugu to provide you with revised Quote with updated
exchange rate, updated Transfer Amount and difference in
Transfer Amounts. Where the exchange rate has moved in your
favour, the extra funds from Cleared Funds shall be refunded
to your Refund Account. Where the exchange rate has moved
against you, you will need to send the difference to us
before we proceed with Payment. In the event where we do not
receive this difference within the next 24 hours from
revised Quote, we will proceed with refund of Cleared Funds
(deducting Refund Fee).
Any updates will be sent to your email and will also be made
available in your Account on the Website.
5.
The Instruction would be cancelled after five (5) business
days from date of Instruction receipt should Fukugu not
receive the Cleared Funds required to carry out the Payment.
A cancellation email will be sent to you and your Account on
Website will be updated.
6.
Any requests for cancellation of Payment is only possible if
Payment has not been processed. In the event where Payment
has been processed, we shall not be liable to provide a
refund or any losses you may incur.
7.
For certain Instructions requested by Members, Fukugu may
request for additional information or documents from the
Members to proof their State of Property and Income (Source
of Funds or Source of Wealth) before Payment is processed as
required to fulfill our AML Compliance Obligations. Fukugu
shall have full discretion to decide if the additional
information or documents provided is sufficient to proceed
with Payment.
8.
We reserve the rights to refuse your Instruction where:
a.
The information provided is not accurate and complete;
b.
We are required to fulfill our AML Compliance Obligations.
9.
In the event where your Instruction has been refused by
Fukugu, there will be an administration fee charged to the
Member which shall be deducted from the Cleared Funds. The
balance of which will be refunded to the Member to a
nominated bank account in the Member’s name (refunds to
third party accounts are not possible).
10.
In the event that incorrect Payee details were provided in the
Instruction, we shall reasonably assist you in the recovery of
your payment. We shall not be liable for any losses you incur.
9. Standard performance period
The standard performance period up until receipt of the Receivable
Amount in the Payee's account depends on the country that the
Payee's bank is located, generally, the completion date will be
the next banking business day (except where deposits of funds are
received by the Company after 15:00). However, the completion date
might be delayed if additional information is required from the
Members. The standard performance period shall be displayed on the
screen when an Instruction is made and as well as in the Quote.
10. Service fees
Fees charged by Fukugu to fulfill the Payment (the 'Services
Fee') shall be one percent (1%) of the payment amount (fractions
below one (1) yen shall be rounded to a whole yen), unless
stated otherwise. You will be informed of the actual Services
Fee when an Instruction is made and it shall also be provided to
you in the Quote. The Services Fee charged shall not exceed
three percent (3%) of the payment amount. This Services Fee
shall be borne by you and made available to us with the Transfer
Amount.
You acknowledge and agree that where Services Fee is returned or
denied, for whatever reason, by your financial institution or is
unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the
Services Fee. We also reserve the rights to refuse Payment until
receipt of Services Fees.
In the event where you are making payment to certain corporates
that have a standing agreement with Fukugu (‘Merchants’), your
Services Fees may be waived. The Services Fees applicable to
you, will be displayed in your Transfer Complete.
You agree and acknowledge that Fukugu can change the Services
Fee at any time.
11. Transaction status & history
Members will be able to access and review the status of any
outstanding Instructions and the transaction history with Fukugu
by logging into your Account on the Website.
12. Issuance of receipts
In the event that the Members submit an Instruction and a
payment service agreement is established under the provisions of
Article 8.1, the Company will issue a Quote to the User
detailing the contents of the remittance request and the
remittance amount, etc.
Upon completion of Payment, Members will receive a receipt
(‘Transfer Complete’) detailing the contents of the remittance
request and the remittance amount, etc.
Members shall agree in advance that Fukugu may provide the Quote
and Transfer Complete to the Members in an electronic form such
as an email and/or a display on the Website.
13. Refund policy
There shall also be an administration fee charged for refunds (the
‘Refund Fee’) up to JPY 300 in any of the following circumstances.
Fukugu shall deduct this Refund Fee and our Services Fee from the
amount of Cleared Funds received by Fukugu from the Member. The
balance of which shall be refunded to a bank account in the
Member’s name of their choosing (refunds to third party accounts
are not possible).
1.
When Member requests for cancellation of Payment and the
Payment has not been processed;
2.
When Fukugu refuses Member’s Instruction;
3.
When the banks or financial institutions used to fulfill the
Payment have refused the Payment due to incorrect
information provided by the Members, their regulatory
requirements or any other valid reason and the funds are
returned to Fukugu;
4.
When the Payee’s account is invalid, payment is not
possible, and the funds are returned to Fukugu.
We will only provide you with a refund of the Services Fee in the
event we are unable to continue to provide the Services or at our
absolute discretion, that it is reasonable to do so under the
circumstances. We also reserve the right to pass on any foreign
exchange rates losses to the Member (where applicable) and this
cost will be deducted from the amount of Cleared Funds.
14. Outsourcing
Fukugu may outsource operations involved in the performance of the
Services to third parties as it deems necessary.
15. Communication between members and Fukugu
Circumstances may arise that necessitate the exchange of
information in writing between the Fukugu and the Members. For
this reason, the Members shall, upon agreeing to these Terms,
agree to the exchange of information with the Fukugu by
electromagnetic means by the way of e-mail, phone call or
notification on the Website. Fukugu may also send you post mail,
as required.
16. General disclaimer
Our acceptance of you as a Member is at our sole discretion and
we reserve the rights to decline opening a customer account for
you without having to specify a reason.
Nothing in the Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by
law, which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
1.
all terms, guarantees, warranties, representations or
conditions which are not expressly stated in the Terms are
excluded; and
2.
Fukugu will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is
reasonably foreseeable resulting from our failure to meet an
applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a
result of not being able to use the Services or the late
supply of the Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant
to statute or otherwise.
Use of the Website and the Services is at your own risk.
Everything on the Website and the Services is provided to you "as
is" and "as available" without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Fukugu make any express or implied
representation or warranty about the Services or any products or
Services (including the products or Services of Fukugu) referred
to on the Website. This includes (but is not restricted to) loss
or damage you might suffer as a result of any of the following:
1.
inability to execute payment transactions or delayed
payments as a consequence of disruption and delays of
Internet communications, force majeure such as disasters,
trouble and war, etc., legal restrictions, measures
implemented by the government and public institutions such
as courts and any other circumstances not attributable to
the Fukugu;
2.
the accuracy, suitability or currency of any information on
the Website, the Services, or any of its Services related
products (including third party material and advertisements
on the Website);
3.
costs incurred as a result of you using the Website, the
Services or any of the products of Fukugu; and
4.
the Services or operation in respect to links which are
provided for your convenience.
Fukugu shall be entitled to suspend or interrupt provision of
Services without prior notice if it deems so necessary in order
to carry out system maintenance or as a result of faults in
communication lines, means of communication and computers, etc.
Fukugu assumes no liability for any loss suffered by Members as
a result of its suspension or interruption of the provision of
Services.
Fukugu assumes no liability for any loss suffered by the Members
based on its refusal to provide the Services pursuant to the
provisions set forth in Article 21.
Fukugu's total liability arising out of or in connection with
the Services or these Terms, however arising, including under
contract, tort (including negligence), in equity, under statute
or otherwise, will not exceed the resupply of the Services to
you.
17. Prevention of confusion with foreign exchange
transactions conducted by banks
The Members shall use the Services with the understanding of the
following:
1.
The Services differ from foreign exchange transactions
performed by banks, etc.;
2.
The Services do not constitute the acceptance of deposits,
savings or fixed time deposits (as stipulated in Article 2,
Paragraph 4 of the Banking Act) by Fukugu;
3.
The Services are not subject to the payment of insurance
prescribed in Article 53 of the Deposit Insurance Act or
Article 55 of the Agriculture and Fisheries Cooperative
Savings Insurance Law;
4.
The Members are protected by the ‘Security Deposits for
Providing Funds Transfer Services’ system that has been
established as required by the Payment Services Act. The
security deposit shall be an amount not less than the daily
debt borne by Fukugu to its members. The relevant
calculation period is one week, where there’s a shortfall in
security deposit, the difference(s) shall be made to the
regulator within the next three (3) business days.
5.
Based on the procedure for the execution of right set forth
in Payment Services Act, the Members who have an outstanding
payment service agreement with Fukugu shall reserve the
rights to a refund from the 'Security Deposits for Providing
Funds Transfer Services' system until the Payment is
completed i.e. the Payee has received the funds as
requested; and
6.
The Members can receive refunds under the 'Security Deposits
for Providing Funds Transfer Services' system should the
applicable circumstances arise, e.g. in the event that
Fukugu goes bankrupt, etc.
18. Contact address responding to complaints and requests for
consultation from members
If you have any requests for disclosure, complaints, or
consultations related to Fukugu, please contact our Customer
Consultation Desk at:
1.
Address: 4th floor, Otemachi Building, 1-6-1 Otemachi,
Chiyoda-ku, Tokyo
2.
Email: hello@fukupochi.co.jp
3.
Business hours: 09:00 - 18:00 (excluding weekends and public
holidays)
We strive to respond to all inquiries by the next business day.
Please note that the response may be delayed depending on the
nature of your inquiry.
19. Measures for the handling of complaints and resolution of
disputes
Fukugu will respond sincerely to any complaint or inquiry
(‘Complaint’) relating to our Services.
1.
Members may file complaints relating to our Services at
Fukugu’s contact information listed in Article 18.
2.
Considering the nature of the Compliant, the Customer
Consultation Desk will
a.
report the Complaint to the Board of Directors and take
appropriate action; and
b.
provide prompt status updates to the Board of Directors, who
shall (when necessary) give instruction to the Risk
Management Team to conduct an investigation and take
countermeasures to prevent the recurrence of such issues
based on the findings.
Dispute Resolution Support Organisation
In the event of any dispute with us relating to Fukugu
Services, you may contact the following:
1.
Tokyo Bar Association Dispute Resolution Center (Tel:
03-35810031)
2.
Arbitration Center of the Daiichi Tokyo Bar Association
(Tel: 03-3595 8588)
3.
Arbitration Center of the Daini Tokyo Bar Association
(Tel: 03-3581 2249)
Complaints and Resolution System Diagram
20. Elimination of anti-social forces
The Member represents to Fukugu that you do not fall under an
organised crime group, a member of an organised crime group
(including those of not more than 5 years), a quasi-member of an
organised crime group, a company affiliated with an organised
crime group, a corporate extortionist (Sokaiya), social movement
advocates (Shakaiundo Hyobogoro) or Special Intelligence Violent
Groups (Tokushuchino Boryokushudan) or equivalent thereto (all
known as ‘Anti-Social Forces’) and warrants that the member will
not be involved with the Anti-Social Forces in the future such as
1.
Having relationship with Anti-Social Forces that is deemed
to be controlling the business
2.
Where Anti-Social Forces are deemed to be substantially
involved in management
3.
Use of relationship with Anti-Social Forces unfairly either
for the purpose of gaining improper profits for oneself,
one’s company or third party or for the purpose of damaging
a third party
4.
Involvement with Anti-Social Forces e.g. providing funds or
convenience to them
5.
Management personnel having relationships with Anti-Social
Forces that draws criticism.
The Member commits not to engage in or cause a third party to
engage in any of the following
1.
violent demand;
2.
unreasonable demand beyond legal responsibility and/or
liability;
3.
threatening behaviour or using violence in relation to
dealings with Fukugu;
4.
damage Fukugu’s reputation or interfere in our business by
disseminating rumours or using fraud or force; or
5.
any acts equivalent to the preceding items.
21. Refusal of services provision
Fukugu may, without prior notice, suspend or terminate your
Account and refuse to provide the Services to Members if it has
proof and/or good reason to believe that any of the following has
occurred:
1.
The Members have engaged in acts in violation of laws,
regulations and these Terms;
2.
The Members who correspond to any of the items and/or
engaged in any of the acts in Article 20, or who are
discovered to have made false representations and
affirmations based on the provisions in Article 20;
3.
Fukugu is exercising the rights prescribed in Article 5;
4.
When the registered name or address of the Member does not
match the information of the Transfer Amount source (bank
account, etc.);
5.
When the Instruction provided by the Member is in violation
of the laws and regulations and all other forms of
enforcement regulations;
6.
Fukugu has reason to believe the Member are involved in any
predicated crime, money laundering or terrorism financing;
7.
The Members are using or may use the Services for acts
contrary to public order and morals laws and ordinances;
8.
The Members whose whereabouts are unknown;
9.
The Members who inherited the Account;
10.
When the provision of the Services to you by Fukugu is, in
the opinion of Fukugu, no longer commercially viable; or
11.
Any other items for which Fukugu deems there to be
reasonable grounds for refusal of the Services.
22. Contract period
The contract period for Members is 1 year. At expiration of the
contract, the contract shall be renewed automatically for another
year, unless the customer requests to terminate the contract.
23. Termination of contract
Members can request for the termination of contract by reaching
out to us through the contact information listed in Article 18.
There will be no termination fees charged.
24. Change to or abolition of these terms
Fukugu reserves the right to review and change any of the Terms
by updating this page at its sole discretion. Fukugu may also
suspend use of the Services in whole or in part to facilitate
the said change or abolition.
Fukugu assumes no liability for any loss arising from any change
to the contents or abolition of these Terms and the Services or
suspension of the provision of the Services due to this change
or abolition.
When Fukugu updates the Terms, it will use reasonable endeavours
to provide you with notice of updates to the Terms. Any changes
to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy
of the Terms for your records.
25. Finality
These Terms or the explicitly cited provisions constitute the
contents of the agreement between Fukugu and the Member in its
entirety and take precedence over any prior written or oral
agreements between the parties.
26. Intellectual policy
The Website, the Services and all the related products are owned
or controlled and reserved by Fukugu.
All trademarks, service marks and trade names are owned,
registered and/or licensed by Fukugu, who grants to you a
worldwide, non-exclusive, royalty-free, revocable license whilst
you are a Member to:
1.
use the Website pursuant to the Terms;
2.
copy and store the Website and the material contained in the
Website in your device's cache memory; and
3.
print pages from the Website for your own personal and
non-commercial use.
Fukugu does not grant you any other rights whatsoever in
relation to the Website or the Services. All other rights are
expressly reserved by Fukugu.
Fukugu retains all rights, title and interest in and to the
Website and all related Services. Nothing you do on or in
relation to the Website will transfer to you any:
1.
business name, trading name, domain name, trademark,
industrial design, patent, registered design or copyright;
2.
a right to use or exploit a business name, trading name,
domain name, trademark or industrial design; or
3.
a thing, system or process that is the subject of a patent,
registered design or copyright (or an adaptation or
modification of such a thing, system or process).
You may not, without the prior written permission of Fukugu and
the permission of any other relevant rights owners: broadcast,
republish, upload to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the Services or
third party Services for any purpose, unless otherwise provided by
these Terms. This prohibition does not extend to materials on the
Website which are freely available for re-use or are in the public
domain.
27. Prohibition of assignment of pledge, etc.
The Users may not assign, loan, pledge or otherwise establish any
right of a third party on the position of the Users under these
Terms of Use or any and all other rights pertaining to the
Services.
28. Governing law
Any dispute arising out of or in connection with the Terms shall
be resolved by the Parties through mutual good faith consultation,
failing which the same shall be referred and governed by the
jurisdiction of Japan. The Tokyo District Court shall have the
exclusive jurisdiction to hear any litigation between Parties at
the first instance.
29. Severance
If any part of these Terms is found to be unenforceable by a Court
of law, that part will be enforced to the maximum extent
permissible under the applicable law. The remainder of the Terms
shall remain in full force and effect.
30. Governing language
This agreement has been prepared in English language and Japanese
language, and the Japanese language version thereof shall prevail
if there is a difference in content.
