Terms of Use

These Terms of Use (these “Terms”) set forth the terms and conditions for use of the services (the “Services”) provided in “Hugmogu” operated by Azuma Co., Ltd. (the “Company”), as well as the rights and obligations among the Company and the Users (referring to both the “Applicants for Membership Registration” and the “Members” as described in Article 3; the same shall apply hereafter). Please read these Terms and agree to the contents thereof before using the Services.

1. These Terms aim to set forth the terms and conditions for provision of the Services and the rights and obligations among the Company and the Users in relation to the use of the Services, and shall apply to any and all relationships among the Users and the Company in relation to the use of the Services.

2. The Company may establish, in addition to these Terms, any other guidelines, etc. including individual terms related to the use of the Services (collectively, the “Individual Terms”) when providing the Services. In such cases, the Individual Terms shall be considered as constituting a part of these Terms.

3. In the event of any conflict between the contents of these Terms and the Individual Terms, the provisions of the Individual Terms shall prevail.

4. Users must agree to the contents of these Terms when using the Services.

5. If the User is a minor, the User must obtain consent from a legal representative, such as a person with parental authority, etc., in order to use the Services. It should be noted that persons under the age of 13 are not allowed to use the Services.

The Services mainly consist of subscription services, etc., involving exporting and selling assortments of Japanese confectioneries (the “Products”) from Japan to the “Target Areas” as delivery destinations. In order to use the Services, prior membership registration is required in accordance with Article 3, and further, an application is required for the use of individual subscription services in accordance with Article 5. For more details on the subscription services, please refer to Article 5.

1. Persons who wish to use the Services (the “Applicants for Membership Registration”) may apply for membership registration for the Services by agreeing to comply with these Terms and registering certain information (“Registration Information”) in the manner designated by the Company.

2. The Applicants for Membership Registration must register accurate and up-to-date information with regard to the Registration Information.

3. The Company will determine whether or not to accept the registration of the Applicants for Membership Registration who applied for membership registration for the Services in accordance with the Company’s standards, and will notify the Applicants for Membership Registration of the acceptance if the Company accepts the registration (persons whose membership registrations are accepted by the Company are called “Members”). It should be noted that the Company may contact the Applicants for Membership Registration to verify their identities when determining whether or not to accept them for registration.

4. The Company may refuse to register or re-register a Member for the Services if the Applicant for Membership Registration falls under any of the following circumstances, and the Company is not obliged to disclose the reason for such refusal.
(1) If any false, erroneous, or omitted information is found in whole or in part in the Membership Registration Application provided to the Company;
(2) If the Applicant for Membership Registration does not respond to any e-mail or telephone contact made by the Company and his/her identity cannot be verified;
(3) If the Applicant for Membership Registration is either a minor, an adult ward, or a person under curatorship or assistance, and he/she has not obtained consent from a legal representative, guardian, curator or assistant;
(4) If the Company determines that the Applicant for Membership Registration is or was Anti-Social Force (meaning Anti-Social Forces such as organized crime groups, organized crime group members, persons related to organized crime groups, extortionists threatening to disrupt shareholder meetings (sokaiya), groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes, and other persons equivalent thereto; the same applies hereafter) or is engaging in any interaction or involvement with Anti-Social Forces, such as cooperating or participating in the maintenance, operation or management of any Anti-Social Forces by way of providing funds or other means;
(5) If the Company determines that the Applicant for Membership Registration is a person who has violated a contract with the Company in the past, or is a related person thereof;
(6) If the Applicant for Membership Registration is not a resident of the Target Areas, or requests a location other than the Target Areas as a delivery destination for the Products;
(7) If the Applicant for Membership Registration is under the age of 13; or
(8) In any other cases where the Company determines that the membership registration is not appropriate.

5. An Applicant for Membership Registration who is a minor may apply to the Company for membership registration for the Services upon obtaining consent from a legal representative, such as a person with parental authority, etc., for any acts related to the use of the Services; provided, however, that Applicants for Membership Registration under the age of 13 are not allowed to register for the Services.

6. If the Applicant for Membership Registration who is a minor uses the Services by falsely claiming to have consent from a legal representative, despite not obtaining such consent, or by falsely claiming to have reached the age of majority, or by using other fraudulent means to make the Company believe he/she is qualified with legal capacity, any legal acts related to the use of the Services may not be rescinded.

7. If the Applicant for Membership Registration who was a minor at the time of agreeing to these Terms uses the Services after reaching the age of majority, such Member shall be deemed to have ratified all legal acts related to the Services.

8. Members shall promptly notify the Company of any changes to the contents of their registration by making changes to their Registration Information in the “My Page” section of the website for the Services.

9. The Company shall not be liable for any damage or disadvantage incurred by a Member, such as the Products not being delivered due to inaccurate or false information in the contents of such Member’s registration, or failure to notify the Company of such changes.

10. If a Member wishes to cancel their membership registration for the Services, the Member shall notify the Company of such cancellation from the “My Page” section of the website for the Services. If the Member cancels their membership registration for the Services, such Member will no longer be able to use the Services from the time of cancellation.

11. The Member shall not be exempted from any obligations (including, without limitation, compensatory damages) to the Company and third parties even after the cancellation of their membership for the Services. In addition, if there are any outstanding debts owed to the Company at the time of cancellation, the Member will naturally forfeit the benefit of time with respect to all such debts, and must immediately repay all such debts to the Company.

12. If a Member wishes to use the Services again after cancellation of their membership registration for the Services, the Member must re-register for the Services.

1. The Company shall issue an ID and password to a Member who has made membership registration in accordance with the preceding Article 3.

2. The Member shall strictly manage and keep their ID and password, and shall not lend, transfer, sell, or otherwise allow a third party to use the same. The Company shall not be held liable for any damage or disadvantage suffered by a Member due to such Member’s insufficient management of their ID or password.

3. In the event that an ID or password is lost or forgotten, or is found to have been used by a third party, the Member shall immediately notify the Company of such fact.

4. The Company shall consider any use of the Services under an ID and password issued to a Member as the Member’s own use, regardless of whether or not such use is authentic use by the Member, and the Member shall bear any liability resulting from such use.

1. If a Member wishes to use the subscription services, the Member shall apply for such use on the website for the Services in accordance with the method designated by the Company.

2. All of the subscription services consist of one (1) delivery of the Product every two (2) months, but there are three (3) types of plans in the subscription services depending on the automatic renewal system of the agreement: the LITE Plan, the STANDARD Plan, and the PREMIUM Plan. The LITE Plan automatically renews the agreement every two (2) months, the STANDARD Plan automatically renews the agreement every six (6) months, and the PREMIUM Plan automatically renews the agreement every year. For more details on the specific contents of the Products and the usage fees, etc. for each plan, please refer to the website for the Services.

3. When applying for the subscription services, etc. under Paragraph 1, the Member shall confirm the information entered on the website and the contents of the application, and then click the button to confirm the application. An agreement for the use of the subscription services between the Member and the Company (the “Subscription Service Agreement”) is established at the time when the Company accepts such application from the Member. In such case, the Member shall comply with any terms and conditions set forth in these Terms and other conditions as separately stipulated by the Company, including those on the payment of usage fees, etc. for the Services as set forth in the following Article 6. It should be noted that the application may be rejected if the Member’s use of the PayPal settlement service is denied or refused, if the settlement cannot be made due to any other reasons, or if the Company determines that the transaction is not normal.

4. For those Members who enter into the Subscription Service Agreement from the 1st day up until midnight (24:00) of the 15th day of a given month, the first shipment of the Product will be made around the 20th day of such month. For those Members who enter into the Subscription Service Agreement from 0:00 of the 16th day to the last day of a month, the first shipment of the Product will be made around the 10th day of the subsequent month. The second shipment onward (to be made every two months) will be made on around the 20th day of the relevant month.

5. If a Member wishes to cancel the Subscription Service Agreement, the Member shall notify the Company of such cancellation through the “My Page” section on the website for the Services by the 15th day of the month prior to the month of renewal (the month in which the first shipment of the Product is made after the renewal). Unless the cancellation is notified in accordance with this paragraph, the Subscription Service Agreement will be automatically renewed under the same terms and conditions, and the payment of the usage fees, etc. will be required on an on-going basis in accordance with the following Article 6.

6. The Company reserves the right to change the usage fees, etc. under the Subscription Service Agreement at any time. In such case, the Company shall notify the Member of the contents of the changes prior to the automatic renewal of the Subscription Service Agreement, and the details of such changes shall apply to the renewal of the Subscription Service Agreement after the change. If the Member does not cancel the Subscription Agreement and continues to use the Services despite having been notified in accordance with this paragraph, the Member is deemed to have agreed to the details of such changes.

7. Notwithstanding the provisions of this Article 5, in the event of a breach of these Terms (including failure to pay the usage fees, etc. as indicated in the following Article 6) by a Member with regard to the use of the Services, the Company may terminate the Subscription Service Agreement, seek compensatory damages, or take other measures as the Company considers appropriate. The Company shall not be held liable for any damage or disadvantage suffered by the Member due to such measures.

1. Members shall pay the usage fees, etc. displayed as indicated on the website for the Services in the application procedure under the preceding Article 5 as consideration for the subscription services.

2. The usage fees, etc. under the preceding paragraph are required to be paid in a lump sum for each period of the applicable subscription services depending on each plan as described in Article 5, Paragraph 2. The same shall apply when the Subscription Service Agreement is automatically renewed in accordance with Article 5, Paragraph 5. For more details, please check the Company’s guidance on the website for the Services.

3. The usage fees, etc. are required to be paid via PayPal. Please check the terms and conditions of the agreement separately entered into with PayPal when using PayPal services. In the event that any dispute arises between the Member and PayPal in relation to the use of the PayPal services, the Member shall resolve such dispute at such Member’s own liability and expense.

4. Usage fees, etc. include consumption tax and shipping costs. However, in the event that customs duties or any other taxes subject to taxation in a particular state or region (“Customs Duties”) are incurred, the Member shall be separately responsible for any payment thereof. If the Member fails to pay the Customs Duties, the Product may be returned to the Company. For more details, please check at the time of purchase or contact the tax authority in the Member’s location in order to make an inquiry.

5. Except as otherwise provided by the laws and regulations, any usage fees, etc. already paid are non-refundable.

Ownership of the Product shall transfer to the Member at the time when the Product is handed over by the Company or a third party affiliated with the Company to a Japanese delivery company, and the risk associated with the Product shall also transfer to the Member at the same timing. Therefore, the Company shall not, in principle, be liable for any loss or damage to the Product incurred in the course of delivery by the delivery company. In addition, the Company shall not be obliged to re-deliver the Product, even when the Product is not delivered to the delivery destination and is returned to the sender due to long-term absence, refusal to receive, address unknown, or any other circumstances, and the Company may further claim from the Member any costs, etc. that the Company incurs as a result of such return of the Product. However, if the accident is found to be covered by insurance in accordance with an agreement between the Company and the delivery company, the Company will handle the matter to the extent it is covered, such as by providing compensation, etc.

1. No returns or exchanges of Products (collectively, “Return or Exchange”) are acceptable in relation to the Services; provided, however, that if any of the following items apply, the Company will accept Return or Exchange upon request from the Member:
(1) If the Product has any defect or fault (excluding those that occurred during transportation by the delivery company), in which case the Member shall apply for the Return or Exchange of the Product by way of sending an e-mail to Hugmogu Customer [E-mail: hugmogu@azuma-kk.co.jp] attaching a photo of the Product showing such defect, etc. within eight (8) days after the arrival of the Product; or
(2) Other cases as determined by the Company in its discretion, in which case the Member shall apply for the Return or Exchange of the Product to the Company in accordance with the procedure as guided on the website for the Services, etc.

2. Members must not return the Product to the Company without making a prior application to the Company, even if the Return or Exchange of the Product is made due to one of the reasons in the preceding items.

3. If the Company acknowledges that a defect or fault exists in the Product as a result of an application by a Member in accordance with Paragraph 1, the Member shall ship the Product back to Hugmogu Customer [Address: 3-2-10 Harayama, Midori Ward, Saitama City, Saitama Prefecture, 336-0931, Japan] in accordance with the instructions by the Company. In such case, the Company will bear the cost for such shipment.

4. As any purchase of the Product by a Member who is a minor is deemed to have been made with the consent of a legal representative thereof, such as a person with parental authority, etc., the Company does not accept Return or Exchange of the Product based on the ground that the Member is a minor.

 

Article 9. Exemption from Liability for the Products and Disclaimer of Warranty
1. The Company’s liability for the quality, function, performance, compatibility with other goods, or other defects of the Products sold through the Services shall be limited to those stipulated in the preceding Article 8 and Article 17, except in cases of willful misconduct or gross negligence by the Company.

2. The Company makes no warranty in any way whatsoever regarding the content displayed by the Company on the website for the Services, the content of any Member’s posts (photos and comments regarding the Products), or the content of any Member’s posts to Twitter, Instagram or other social media services, including their legitimacy, usefulness, completeness, accuracy, currentness, reliability or fitness for a particular purpose.

3. Although the Company has exerted its utmost efforts in creating the information stated regarding allergens in the Products, it cannot guarantee the validity or completeness of the content thereof. Before consuming the Products, the User is requested to make sure to check the allergy information stated on the label or package of the Products.

4. While the Company strives to ensure the accuracy of the product information on the Products, there may be errors or inaccuracies in the pricing, discounts, available stock, etc. of the Products. As the product information is subject to change without notice, the User is requested to make sure to check the latest information.

5. Certain products may become unavailable due to limited quantities or end of production. In such case, the User is requested to accept in advance that the Company may substitute unavailable Products with equivalent or similar products.

 

All intellectual property rights (including copyrights) relating to the materials comprising the Services, as well as any and all other rights, shall belong to the Company or any third party who holds such rights. No User shall obtain any rights relating to the materials comprising the Services, in any way whatsoever, and must not engage in any act that infringes upon the rights relating to the materials without the permission of the relevant rights holder. Any authorization to use the Services under these Terms shall not be construed as a grant of authorization to use the Company’s rights relating to the Services or any rights of a third party who holds such rights.

 

1. Information such as posts, reviews and comments by Members, as well as images, illustrations and other content posted, uploaded or made available for viewing by the Members on the website for the Services (collectively, the “Member Posted Content”) may be accessed and viewed by an unspecified number of Users of the Services. The Members should fully understand the foregoing when posting any Member Posted Content. The Members who post the Member Posted Content shall bear full responsibility for the content that they have posted.

2. Members may not post any content that:
(1) contains untrue information;
(2) contains obscene expressions or indecent images such as nudity;
(3) damages the reputation or credibility of others;
(4) infringes upon the privacy rights, portrait rights, copyrights or other rights of any third party;
(5) contains computer viruses;
(6) contains links or URLs to any websites other than those approved by the Company; or
(7) the Company deems inappropriate.

3. The Members shall grant the Company authorization to use any Member Posted Content free of charge. Upon such authorization, each Member represents and warrants that: (1) the Member is the legitimate rights holder of all copyrights, neighboring rights, portrait rights and any other rights relating to the Member Posted Content, or the Member has obtained any necessary authorization to use the Member Posted Content on the Services from the legitimate rights holder of all copyrights, neighboring rights, portrait rights and any other rights relating to the Member Posted Content; and
(2) any posting of the Member Posted Content and any use thereof by the Company do not infringe upon any copyrights, neighboring rights, image rights or any other rights of any third party.
4. The Company may monitor the Member Posted Content for the purpose of ensuring that Users can use the Services safely.
5. If any Member Posted Content breaches these Terms or falls under any of the following, the Company may delete such Member Posted Content without prior notice to the relevant Member, and restrict such Member’s posts:

(1) a certain period of time has elapsed since the post;
(2) it is deemed necessary for maintenance of the Services; or
(3) the capacity of the Member Posted Content exceeds or is likely to exceed the prescribed capacity of the equipment used by the Company

6. The Company shall not be obligated to respond to Members regarding the reason for the deletion or restriction of their posts pursuant to the preceding paragraph, and shall bear no responsibility for any damage or disadvantage incurred by the Members due to such deletion or restriction. In addition, the Company shall not be obligated to delete any Member Posted Content.

7. The Members agree in advance to the monitoring, deletion and restriction of the posting of any Member Posted Content as stipulated in this Article 11.

 

1. If a Member satisfies the conditions separately stipulated by the Company in using the Services, the Member shall be awarded points that can be used to exchange for premiums, etc., as separately stipulated by the Company. The number of points awarded shall be printed on a separatable portion of the cardboard packaging of the purchased Products. For details on the usage conditions of the points, please check the website for the Services.

2. The Members shall, at their responsibility, be required to retain and manage the separatable portion of the cardboard packaging on which the number of points awarded is printed. If such portion is lost, it becomes impossible for the Members to use the points.

3. The Members may use their points by sending the separatable portion of the cardboard packaging specified in the preceding paragraphs to the Company via postal mail. The postage fees for the postal mail shall be borne by the Members.

4. The Company may cancel all or part of a Member’s points if such Member breaches these Terms or the Company otherwise deems it appropriate to do so.

5. The Company shall bear no responsibility whatsoever for any points cancelled or extinguished pursuant to this Article 12.

 

The Company may change, add, or suspend all or part of the content of the Services without prior notice to the Users, and the Users shall accept the same in advance. For example, the Company may temporarily suspend all or part of the Services without prior notice to the Users when:
(1) conducting regular or emergency maintenance or repair of the hardware, software and/or communication equipment and facilities for the Services;
(2) the system is overloaded due to unpredictable reasons, such as excessive access;
(3) it is necessary in order to ensure the security of Members;
(4) the telecommunications carrier is out of service;
(5) it is difficult to provide the Services due to force majeure, such as a natural disaster;
(6) it is difficult to provide the Services due to an incident such as a fire, blackout, other unforeseen accident, war, dispute, turmoil, riot or labor dispute;
(7) the operation of the Services becomes impossible due to the laws and regulations or any measures taken thereunder; or
(8) the Company otherwise deems it to be necessary due to a reason equivalent to the preceding items.

The Company shall handle the Users’ personal information in accordance with the privacy policy separately set forth by the Company, and the Users shall agree to the Company handling the personal information pursuant to such privacy policy.

1. Unless otherwise approved by the Company, upon using the Services, the Users may not engage in, or cause any third party to engage in, any act that falls or is likely to fall under any of the following:
(1) interferes with the operation of the Services;
(2) interferes with other Users’ use of the Services;
(3) refuses to receive the Products;
(4) infringes upon the copyrights and any other rights in and to the Services;
(5) infringes upon the rights and interests of the Company, other Users or third parties (including, without limitation, honor rights, privacy rights and copyrights);
(6) infringes upon public policy or the laws and regulations;
(7) breaches these Terms; or
(8) engages in any other acts deemed inappropriate by the Company in view of the intent of the Services.

2. If the Company deems that a User has engaged in any of the acts stipulated in the preceding paragraph, the Company may suspend the use of all or part of the Services and otherwise take any measures that the Company deems necessary and appropriate, without prior notice to such User. The Company shall bear no responsibility whatsoever for any damage or disadvantage incurred by such User due to the measures taken pursuant to the preceding paragraph.

Each User warrants to the Company that:
(1) it is not an anti-social force;
(2) neither it nor any of its officers and employees is an anti-social force;
(3) it does not allow any anti-social force to use its name to use the Services; and
(4) it will not engage in or cause any third party to engage in any of the following acts:
(i) engaging in threatening behavior or committing a violent act against the other party;
(ii) making an unreasonable demand going beyond a legal responsibility; and
(iii) interfering with the other party’s business or damaging the reputation of the other party by using fraudulent means or force

1. In the event that all or part of the Services is suspended, interrupted or delayed due to natural disaster, war, terrorism, riot, labor dispute, epidemic, establishment, amendment or repeal of laws and regulations, intervention by a governmental organization, theft, plunder, traffic accident, or bankruptcy of the manufacturer or any other subcontractor, or any other force majeure event, the Company shall bear no responsibility whatsoever for any damage or disadvantage incurred by the Users.

2. The Users shall understand that all or part of the Services may be suspended, interrupted or delayed due to the communication line or computer failure, system maintenance or any other reasons, and the Company shall bear no responsibility whatsoever for any damage or disadvantage incurred thereby by the Users. The Company shall bear no responsibility whatsoever for any damage or disadvantage arising from the Users’ usage environment.

3. The Company does any make any express or implied warranties for the following matters:
(1) the usefulness, completeness, accuracy, currentness, reliability, and fitness for a particular purpose of the content of the Services and the information provided through the Services;
(2) the information provided through the Services does not infringe upon the rights of third parties; and
(3) the Services will continue to exist in the future.

4. In the event that all or part of the data, etc. is lost, damaged or altered, the Company shall bear no responsibility, regardless of the reason, to restore such data, and shall bear no responsibility whatsoever for any damage, etc. incurred by such User or any third party due to such loss, damage or alteration.

5. If any User incurs any damage due to the Company’s non-performance or tort in relation to the User’s use of the Services, the Company shall bear the responsibility to provide compensation for such damage up to the total amount of usage fees paid by such User to the Company during the past twelve (12) months, limited to the extent of ordinary damage directly and actually incurred due to such non-performance or tort.

6. Notwithstanding any other provisions of this Article 17, these provisions on the exemption for liability shall not apply in the case where the contract related to the Services between the Company and a User constitutes a consumer contract under the Consumer Contract Act and there is willful misconduct or gross negligence on the part of the Company.

The Users may not disclose or divulge to any third party any and all confidential information that has been disclosed by the Company or that they have come to know upon use of the Services, and may not use such information for any purpose other than for the Services.

1. Any notice from the Company to a User shall be sent via email to the email address registered by such User, by posting the same on the website for the Services, or by any other method that the Company deems appropriate.

2. When the Company provides a notice, if the notice is sent to the email address specified in the preceding paragraph, such notice shall be deemed to have reached the User at the time it is recorded on the email server of such email address.

3. Each User shall promptly notify the Company of any change in the email address specified in Article 19.1. Any notice sent by the Company to an old email address before receiving a notice of change specified in this paragraph shall be deemed to have reached the User at the time of transmission.

4. The Company shall bear no responsibility whatsoever for any damage or disadvantage incurred by the User due to the User’s failure to provide notice as stipulated in the preceding paragraph.

1. The Users shall resolve any disputes arising between them and any third parties in connection with the Services at their own expense and responsibility, and the Company shall bear no responsibility whatsoever therefor.

2. If the Company incurs any damage (including attorneys’ fees) in relation to the preceding paragraph, the relevant User shall provide compensation for such damage.

None of the Users may, without the prior written approval of the Company, assign or transfer to a third party or create security interests over or otherwise dispose of all or part of the contractual status under these Terms or the rights and obligations arising therefrom.

If any provision of these Terms violates the laws and regulations applicable to a contract with a User under these Terms and is found to be invalid, such provision shall not apply to such contract with the User, but to the extent of such violation. Even in such case, the validity of the other provisions of these Terms shall not be affected.

If the modification of these Terms conforms with the general interests of the Users, or, if it becomes necessary for the Company to modify these Terms and such modification is not contrary to the purpose of the contract pertaining to these Terms, the Company may modify these Terms to a reasonable extent. Upon modification of these Terms, the Company shall make the enforcement date of the modified Terms and the content thereof known by posting the same on the website for the Services or through another appropriate method.

1. These Terms shall be governed by the laws of Japan.

2. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the Saitama District Court in the first instance.

[Established on July 31, 2023]