These Terms provide for the conditions of use applicable for Omni THK (hereinafter the “Service”), a web service operated by THK Co., Ltd. (hereinafter “THK“). The User of the Service will be deemed to have consented to these Terms.
- “User” of the Service is a general term for a Member and a Guest.
- “Member” means a corporation that, after consenting to these Terms, applies for membership registration by the method prescribed by THK and of which THK gives approval for such registration.
- “Guest” means an individual or a corporation who uses such part of the Service that can be used without application for a membership registration.
- THK may deny approval or revoke the membership registration of any Member found to have submitted duplicate or false registration or when THK determines the Member is otherwise inappropriate.
- THK may impose limitations on the use of or block access to the Service or implement other measures against any Guest engaging in unauthorized access or harassing behavior or when THK determines that the Guest is otherwise inappropriate.
- A Member is entitled to modify the membership registration when there is any change to the registered information. THK will under no circumstances be responsible for any damage incurred by a Member due to failure to make such modification.
- A Member is at any time entitled to request the deletion of the membership registration. Even without such request for deletion, a membership registration may be deleted when the Service has not been used for five (5) years.
- THK may alter the contents of registration based on the information it has obtained from other sources elsewhere than this site, so that THK maintain the registration contents of its members accurate and up-to-date. THK shall not be responsible to its members for any damage caused by the alteration.
- The Member is responsible for managing passwords.
- The User will under no circumstances transfer or loan passwords to a third party.
- The Member will be solely responsible for, and THK will under no circumstances be responsible for, any loss or damage arising because the password is used by a third party because of inappropriate management of the password.
- The services are made available upon log-in by inputting the mail address and corresponding password.
- In case its password has been leaked, a fraudulent access has been made, or unauthorized usage by a third party other than the legitimate member has been discovered, said member shall immediately advise THK.
Personal information disclosed by a Member will be handled in accordance with the “On Handling of Personal Information” separately presented.
Service for Offer for Contract to Purchase Product
- A Member may use a service for an offer for a contract to purchase a product (hereinafter a “Purchase Contract”) among the Service, subject to the approval by the distributor which is selected by the member (hereinafter a “Distributor”). And in any event, a Purchase Contract may be established between the Member and the Distributor, and THK will not become a party to such Purchase Contract.
- As THK does not assume or hold any responsibility, right, or authority whatsoever as a party to a Purchase Contract, it will under no circumstances be responsible for such Purchase Contract. Any problem that may arise in relation to a Purchase Contract must be settled between the Member and the Distributor.
- Even when an offer is made for a Purchase Contract with the use of the Service, no Purchase Contract may be established depending on the Distributor’s decision.
- A Member who makes an offer for a Purchase Contract with the use of the Service cannot designate, as a delivery address of a product, any country other than the country in which the Member is located.
- Unless otherwise specified, all copyrights to the content posted within the Service (all information, including documents, photographs, illustrations, CADs, and data) belong to THK and are protected under the Copyright Act (including relevant treaties).
- THK strictly prohibits the User from selling, transferring, or loaning any such content regardless of the purpose. THK will under no circumstances approve any alteration, change, or addition to such content.
Disclaimer by THK
- THK does not make any warranty whatsoever with respect the use of the Service. The User will be deemed to have consented that the User will use the Service on its own responsibility.
- THK does not give any warranty whatsoever regarding the merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights with respect to products and information posted within the Service.
- THK will under no circumstances be responsible for any damage incurred by the User arising as a result of the use of the Service.
- THK does not warrant that the User’s computer will not become infected by any virus or other destructive programs in using the Service. The User will be responsible for implementing preventive measures.
- THK will under no circumstances be responsible for any website linked from the Service or any content in it.
- THK will under no circumstances be responsible for any dispute or problem between the User and a third party. The User and a third party will be liable to settle on their own responsibility any problem that may arise between them and will not make any claim to THK whatsoever.
- If THK receives from a third party any claim, including that for compensation for damage due to the User’s act, the User will settle it at its own expense and responsibility.
- If THK pays to such third party damages for reasons attributable to the User, the User will repay to THK the damages and any other expenses (including attorney’s fees and lost earnings).
- THK prohibits the User from engaging, in the use of the Service, in any conduct in violation of any legislation or these Terms or in any act THK deems is inappropriate.
- In the event that THK incurs any damage because the User engages in any prohibited act, the User will compensate THK for such damage on its own cost and responsibility.
THK may suspend the Service or take other precautions THK deems necessary against any User who has committed a prohibited act.
Assignment of Rights
THK at its discretion may assign all or part of the Service to a third party, and in this case, within the limits of the rights so assigned, it will transfer to the assignee all rights of the User related to the Service including the Member account.
Even if any provision of these Terms or any part thereof is held invalid or unenforceable under any legislation or otherwise, the remainder of these Terms or the remaining part of the provision held partially invalid or unenforceable will remain in full force.
Modification or Discontinuance of Service
- Whenever THK determines it is necessary, THK may, without prior notice to the User, interrupt, suspend, modify, or discontinue the Service in whole or in part.
- THK will under no circumstances be responsible for any damage incurred by the User arising due to such interruption, suspension, modification, or discontinuance of the Service.
Revision of Terms
- THK may at any time revise these Terms by updating these contents.
Governing Law and Agreed Exclusive Jurisdiction
These Terms will be construed in accordance with the laws of Japan, and any lawsuit that may be required in relation to these Terms will be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.
Established on November 11, 2016
Revised on May 11,2017