Part 1. General Rules

Article 1 Purpose

The purpose of these Terms & Conditions (this “Agreement”) is to set out rights and obligations and other necessary matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (the “Services”) provided by HonmonoNippon (http://www.HonmonoNippon.com; hereinafter “HonmonoNippon”) operating Daisho (Thailand) and its affiliates (the “Company”).

Article 2 Definition

The following terms shall have the following respective meanings:

  1. “HonmonoNippon (www.HonmonoNippon.com)” means the website that exists for the real-time
    e-commerce system and its operation, which is provided by the Company for the transaction of products and services (the “Products”).
  2. “User” means Members and Non-members who are granted the Services provided by the Company in accordance with this Agreement.
  3. “Member” means any individual or business that has registered himself/herself/itself as a member according to the registration process established by the Company and who is provided with the information on the Company on a consistent basis and is able to use the Services provided by the Company.
  4. “Purchasing Customers” means any member who is entitled to use the Services provided by HonmonoNippon for the purchase of the Products and other purchases. A “buyer member” is anyone of the age of twenty (20) or more eligible to register as a Member for the sole purpose of purchasing (including foreigners residing in Thailand). If you are under twenty (20) years old, you may use this Website only with authorization from a parent or legal guardian.
  5. “Non-Member” means any person who uses the Services provided by the Company without having registered itself as a Member.
  6. “ID” means alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member.
  7. “Password” means any combination of alphabets and numbers selected by the Member and registered with the Company for the purpose of confirming the identity of the Member and protecting confidential information.
  8. “Personal Identity Verification” means the act of confirming whether the following information, in each case, matches the information recorded at the time the relevant Member became a Member: In the case of Individual Buyer Member, the personal identity would be verified through email authentication.
  9. “Business Day” means any day during which the Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Thailand.

Article 3 Specification, Effectiveness and Amendment of this Agreement

  1. The Company shall post the defined Agreement on its Internet site www.HonmonoNippon.com, where the Company’s Services are provided, in order to inform the Users of such Agreement.
  2. The Company is entitled to amend this Agreement when there are reasonable reasons, as long as such amendment does not violate the related laws. All amended terms automatically take effect after they are initially posted. If your questions are not answered online, you may write to us at: Daisho (Thailand) Co,.Ltd. Attn: E-Commerce Division, No. 2/41-43, 9th Fl., Bangna Complex Office Tower,
    Soi Bangna-Trad 25, Bangna, Bangna, Bangkok 10260 THAILAND
    or using the Contact Us form.
  3. Agreeing to this Agreement shall mean agreeing to confirm any changes made to this Agreement by regularly visiting the Internet site operated by the Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in connection with their failure to learn the information in the amended Agreement.
  4. In the event any Member does not agree with the amended Agreement, such Member may request to withdraw membership (termination of the User Agreement). In the event the Company has notified or announced pursuant to Article 4. 2) of this Agreement that the Agreement will be amended and that the User will be deemed to have consented to such amendment if the User fails to express its refusal to accept the amendment by the effective date of such amendment, the User shall be deemed to have consented to the amendment if the User fails to explicitly express its refusal to accept the amendment.
  5. Each purchase order placed on HonmonoNippon shall form sale and purchase contract between the Company and the Buyer.
  6. In the event that there is an unclear term or unclear situation in which Thai laws or this Agreement does not obviously specify, the Company reserves the right to refuse the case. The decision of the Company is final

Article 4 Additional Regulations

  1. Any and all matters not stipulated in this Agreement shall be determined in accordance with the related regulations and general commercial practice.
  2. Whenever necessary, the Company may notify of the matters applicable to specific Services (the “Individual Agreement”) by posting them on HonmonoNippon, etc.
  3. The Company, whenever necessary, may determine and advise of the detailed matters relating to the use of the Services (the “User Policy”) by posting them on HonmonoNippon, etc.
  4. Any changes made to the Terms and Conditions or the Privacy Policy shall be notified by the Company prior to the effective date of such changes.
  5. Each Member shall monitor at all times whether there have been any changes made to the Individual Agreements or the User Policy and shall confirm any notifications made with respect to any changes.

Article 5 Establishment of the User agreement

  1. The User Agreement with respect to the Services provided by the Company (the “User Agreement”) is established when the Company provides its consent to the application filed by any person, who wishes to use the Services. The application is made when any person, who wishes to use the Services, fills in each required item in the membership application form provided by the Company online and expresses his or her intent to consent to this Agreement.
  2. The applicant shall be deemed to have become the Member as of the date on which the Company’s consent to such person becoming a Member is posted on the relevant Service page or such consent has been received by the applicant via email or any other means determined by the Company.
  3. Any individual of the age of twenty (20) or more is entitled to apply for the membership. Any corporate member that is able to engage in normal business activities as of the date of the application is entitled to apply for the membership.
  4. In principle, one membership ID shall be given to one person (on the basis of the email authentication for which personal identity has been confirmed. In the case of corporate membership, on the basis of each corporate number and business enterprise registration number)
  5. In the case of a membership application submitted by the Individual Buyer Member, the personal identity verification proceeding shall be undertaken by email authentication. For any application which the personal identity verification proceedings cannot be undertaken by the Company, the Company is entitled to request that the applicant submit evidentiary materials.

Article 6 Change and Protection of Personal Information

  1. Anyone who wishes to become a Member and use the anticipated Services hereby shall be required to go through the application process.
  2. In the event there is any changes to the information the Member recorded at the time the Member applied for the use of the Services, such Member shall immediately update the information; provided however, that any information that is impossible to change (such as name and ID), cannot be changed.
  3. The Member certifies that all information filled in the application is true and correct, and the Member shall be responsible for any damages that occur due to the non-updated information, for which the Company shall not be responsible for in any way whatsoever.
  4. The Member agrees to occasionally change the password and shall be responsible for the safety, any use or access of its own account.
  5. If there is any reasonable ground for the Member to consider that the Member’s account is unauthorized accessed, the Member has the obligation to report the Company of such illegal access immediately.
  6. If member chooses to provide us with personal information, member consent to the transfer process and storage of that information on our servers. The Company may collect and store the following personal information:

    Email address, physical contact information, the date of birth and gender information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers.

    Transactional information based on your activities on the website.

    Postage, billing and other information you provide to purchase an item.

    Community discussions, chats, dispute resolution, correspondence through our website, and correspondence sent to us.

    Other information from your interaction with our website, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the website, ad data, IP address and standard web log information.

    Additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies. (for example, we may ask you to send us an id to verify your address, or to answer additional questions online to help verify your identity)

    Information from other companies, such as demographic and navigation data; and other supplemental information from third parties. (for example, if you incur a debt to the company, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law)

  7. The Company shall not use any information of the User for purposes other than to provide the Services, nor shall it provide such information to any Third party without the consent of the User, with exceptions such as:

    To provide to the Delivery Company or etc. the minimum of information related to the User (name, address, contact information) that is necessary for transaction, delivery, etc.

    When the use of the personal information of the User and the provision of such information to a Third party are permitted under the laws and regulations.

  8. The Company shall strive to protect the personal information of the User, which includes the information on the User, in accordance with the related regulations. The Company shall establish the policy of protection of the personal information of the User, select the person in charge of the protection of the personal information and post this information.
  9. Any matter related to the protection of personal information of the User shall be handled in accordance with the related laws, regulations and the personal information protection policy determined by the Company.
  10. The Company can share the Member’s personal information with third-party service providers under agreement that help with our business operations. The Company is entitled to employ other companies and individuals to perform functions on its behalf, examples include: fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links(including paid listings and links), processing credit card payments, investigating frauds and providing customer service. The other companies and the individuals have access to personal information needed to perform their functions, but may not use the Member’s personal information for other purposes.
  11. Regarding Third party giving promotional offers, sometimes the Company send offers to selected groups of our users on behalf of other businesses; when the Company does this, the Company do not give that business name and address of the Member. If the Member does not want to receive such offers, please adjust communication preferences in HonmonoNippon.
  12. In such events as responding to verified requests from law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, the Member agrees that the Company can disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history.

Article 7 Privacy

  1. Company does not sell or rent Member’s personal information to Third party for marketing purposes without member’s explicit consent. Company uses the information only as described in our Privacy Policy.
  2. Company views protection of Member’s privacy as a very important community principle. Company stores and processes the information on computers that are protected by physical as well as technological security devices.
  3. Members can access and modify the information provided and choose not to receive certain communications by signing in to Member’s account. Company uses Third party to verify and certify our privacy principles. For a complete description of how the Company uses and protects the Member personal information, see the Company’s Privacy Policy. If the Member objects the transfer of information, please do not use the services of the Company.
  4. For the avoidance of doubt, If the Company has reasonable grounds to believe that any User of the Member is in breach of any of the terms of this Agreement, the Company reserves the right, in its sole and absolute discretion, to cooperate fully with government authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
  5. Company may disclose the User’s identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured Third party or as a result of a subpoena or other legal action, or if Company is of the opinion, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the member(s) agrees not to bring action or claim against Company for such disclosure.
  6. The Member may withdraw consent provided to the Company to collect Member’s personal data and/or information at any time by notifying the Company in writing or call our customer service; in that event, the Company will not be able to identify and provide the Member with a safe, smooth, efficient and customized experience while using the Company site. Although the Member can browse through most of Company sites without giving any personal information, in some cases, personal information is required in order to provide the Services that the Member request.

Article 8 Application for the Use of the Services

  1. Any person who wishes to join and use the Services provided by the Company shall provide the required information in the membership application form provided by the Company. There are mandatory items and optional items that are to be filled in by the Member at the time he or she signs up for the membership, and all mandatory items must be filled in. The type of items to be provided in the application form for membership varies depending on whether the applicant is individual or corporate.
  2. Any Individual Buyer Member shall fill in the following items (mandatory items): Member ID (ID), password, email address, name, contact number, whether the Member wishes to receive advertising emails or advertising SMS, and whether the Member consents to his or her personal information being provided to or used by the partner companies and the personal information management consignment company.
  3. When the Member applies for membership, the Company is entitled to request other information (i.e., birth date, marriage status, occupation, hobby, area of interest, etc.) in addition to the mandatory items indicated in Article 8. 1) and Article 8. 2), which the applicant has the right to withhold. Any additional information so obtained must be only used for purposes of providing various and useful information to the Members and cannot be used for any other purposes by the Company.
  4. To register to use www.HonmonoNippon.com you must be over twenty (20) years of age, and must ensure that your details held by us are correct and complete at all times. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Article 9 Approval, Rejection, Deferring of the Application

  1. In principle, the Company shall approve the use of the Company’s Services only when all required information set forth in Article 8 of this Agreement has been accurately filled in and the identification of the applicant, who has consented to be bound by this Agreement, has been confirmed by undertaking the personal identity confirmation procedure.
  2. The Company shall undertake the personal identity confirmation application, by email authentication.
  3. The Company may refuse to approve the application if:

    The applicant is less than twenty (20) years old.

    It has been confirmed in the personal identity confirmation proceeding undertaken by the Company that the applicant is not the person who is filing the application.

    The name of the Member, corporate ID, tax ID are identical or duplicate with the existing Member

    It has been confirmed that the application has been filed in breach of this Agreement or that such application is unlawful or otherwise wrongful.

Article 10 Termination of the User Agreement

  1. The Company may terminate the User Agreement in the event any of the following has occurred or has been confirmed with respect to the relevant Member:

    Any acts compromising legitimate interests (such as rights, honor, credit, etc.) of other Members or the Company (including its employees and consultants) or causing violation of the Thai laws and regulations or good public orders and morals.

    Engaging or attempting to engage in any of the activities to interrupt, or that are likely to interrupt, the smooth processing of the Service such as:

    1. Raising any claims in a consistent and malicious manner without any reasonable grounds.
    2. Constantly cancelling or returning the Products or services that are not particularly defective after using such Products or services.
    3. Breaching the rules of use promulgated by the Company for safe transactions.
  2. The Member shall be responsible for any losses occurring in connection with the termination of the User Agreement, for which the Company shall not be held responsible in any way whatsoever.
  3. In the event that the termination of the User Agreement causes any losses or any damages to the Company, the Company reserves the right to claim compensation to the Member.

Article 11 Intellectual Property

  1. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Thailand’s laws and other copyright laws, and is the property of the Company. You may retrieve and display the content of HonmonoNippon on an electronic device, store such content in electronic format (but, excepting search engine computers, not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.HonmonoNippon.com without written permission from The Company.
  2. The Company may search, expose to the other website, or use for free as sales promotions and other materials, any postings registered by the Member, and may copy, display, transmit or distribute such posting or prepare compilation works and the derivative works from the Services provided by the Company; provided however, that in the event the Member, who has registered the relevant postings, requests the Company to stop using such postings by deleting the postings, the Company shall immediately cease from using such postings.
  3. The Company’s right to use the Member’s Intellectual Property shall remain in full force and effect so long as the Company operates the Services of HonmonoNippon.
  4. Company automatically records Web Site use information and statistically analyzes to track operational problems, to prevent fraud and to improve the effectiveness, security, and integrity of the Web Site. This information does not identify members personally and the Company does not use this information to track individual information. The Company will disclose this information to a Third party only in aggregate form or as may be required by law. For each page visited, the Company collects and stores only the required technical information in what is called a “web server log file”, including but not limited to: Date and time of access, URL address of webpage visited, internet domain and IP address from which HonmonoNippon.com was accessed, Type of browser and operating system used to access HonmonoNippon.com (if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item, and file size of the webpage visited.