Crestarx Company Limited (“Crestarx”) provides the following regulations (these “Regulations”)regarding usage of all services provided by Crestarx (the “Service”) through the website operated by Crestarx, Crestarx.co.jp, CarDirectly.com (the “Site”) and websites operated by Crestarx’s affiliates (the “Affiliate Sites”). Those who use the Service (the “Users”) shall understand, agree to, and comply with each of the provisions of the Regulations.
If you do not agree to accept the Regulations, please refrain from perusing the Site and using the Service. If a User accepts the Regulations by clicking on the accept button on the Site or the Affiliate Sites, or by some other method without such clicking requirement, and if the User uses the Service, the User will as a matter of course be deemed to have accepted the Regulations.
2. Even if the User uses the Service through an Affiliate Site, the Rules and Regulations will be deemed to be applied between the User and Crestarx. In this case, information the User sends to the Affiliate Site will be deemed to have been sent to Crestarx.
3. Crestarx may change the contents of the Rules and Regulations. In this case, Crestarx shall display the changed contents on the Site and subsequently the User will be bound by the changed Rules and Regulations at the earlier of the point when a User uses the Service for the first time or the point when the notification period provided by Crestarx has passed.
1. Crestarx provides the Service to Users through the Site, the Affiliate Sites, or through other methods in order to support the realization of an enriched car life and the sale and purchase of Users’ cars.
2. The types, contents, and details of the service are as provided and posted on the Site by Crestarx.
3. Crestarx shall post the environment necessary or recommended in order to use the Service on the Site. Users shall maintain this usage environment at their own expense and responsibility.
1. Consideration for the Service is free of charge except if otherwise provided.
2. If Crestarx provides a service for a fee it shall provide that information in the Rules and Regulations and shall post the amount of the fee, the method of payment, and other necessary information on the Site.
1. For the parts of the service that require User registration as prescribed by Crestarx, Users shall complete User registration in accordance with the procedures prescribed by Crestarx.
2. Users shall confirm and warrant to Crestarx that all of the information they submit, as a true statement, to Crestarx at the time of User registration is accurate, true, and up-to-date. Further, if a change occurs after User registration the User shall promptly change their registration in accordance with the procedures prescribed by Crestarx.
3. Crestarx may refuse an application for User registration at its discretion. In such case, the User may not make any claim or objection and Crestarx does not have any obligations, such as to explain the reason for refusal.
4. Crestarx shall give registered Users (“Registered Users”) an ID, password, and other authentication key (“Authentication Key”), or if the Authentication Key is set bythe Registered User itself, the Registered User shall strictly manage the Authentication Key and shall not disclose, divulge, or allow another person to use the Authentication Key.
5. Crestarx may treat all communications conducted correctly using the Registered User’s Authentication Key as being deemed to have been conducted by the Registered User itself or by a person given the appropriate authority by the Registered User. In such case, Crestarx is not liable for any damage that occurs to the Registered User, even if it occurs due to misuse of the Authentication Key or due to another reason.
6. Registered Users may cancel their User registration in accordance with Crestarx’s prescribed procedures at any time.
7. Registered Users are deemed to consent to the receipt of e-mail magazines and other electronic mail from Crestarx (including advertisements from Crestarx and third parties,“Crestarx Mail”) through the User registration. Registered User can refuse to receive Crestarx Mail by cancelling User Registration or another method provided by Crestarx.
1. If Crestarx judges that notice is required to be made to a Registered User, it will make the notice to the registered address using electronic mail, postal mail, telephone, fax, or another appropriate method. In this case the notice will be deemed to have arrived when it would normally have arrived, even if it does not arrive or arrives late.
2. Questions and enquiries about the Service should be directed to Crestarx by electronic mail or postal mail. Crestarx does not accept enquiries made by telephone, directly visiting Crestarx, or any other method.
2. In addition to Article 6.1, if Crestarx handles a User’s business secrets it shall handle them with the due care of a good manager in accordance with the spirit of the Service.
1. Trademarks such as Crestarx (written in English or Japanese) are Crestarx’s trademarks or registered trademarks in Japan and other countries.
2. The copyrights, image rights, or other rights for all written materials, photographs, video, and other content on posted on the Site or in Crestarx Mail (“Crestarx Web Content”) belong to Crestarx or an approved third party, and do not belong to the Users. Unless otherwise stated by Crestarx, Users are only permitted to peruse these contents in the methods prescribed by Crestarx and copying, redistributing, or using the contents in any other way, or changing, or creating derivative works using the contents is prohibited.
3. All copyrights or other rights such as for software and files attached to Crestarx Mail or able to be downloaded or used on the Site belong to Crestarx or an approved third party, and do not belong to the Users. Unless otherwise stated by Crestarx, Users are only permitted unassignable usage rights regarding the software, to peruse the Site, or within the minimum required scope in order to use the Service for personal use, and not for profit. Crestarx may cancel the license at any time and in such case the User shall immediately suspend use of the software and delete it from all memory devices managed by the User.
4. Copyrights for messages or files etc. contributed to the Site by Users (“Messages”)(including the rights set out in Articles 27 and 28 of the Copyright Act) are transferred to and belong to Crestarx as a result of the contribution. Further, Users license the use of Messages by Crestarx (including use for the Service and for advertisements, publication, or other commercial use) and the User shall not exercise an author’s personal rights regarding the use. Further, by contributing Messages to the Site, Users represent and warrant that they have all the rights required to use the Messages and to license Crestarx to use them (including copyright for the Messages, and the consent of any individuals that could be identified from inclusion in the subject or model for the Messages, or from the information in the Messages).
1. If anyone other than Crestarx, whether an operator other than Crestarx (regardless of the existence of any capital ties, tie-ups, or contractual relationships with Crestarx.), another User, or another corporation or individual (“Other Operators”),directly provide Users with information within the Service, such as regarding products or transaction conditions, the Service is limited to the provision of the information provided by the Other Operators to Users as it is, and all confirmation and judgment of the contents of the information is conducted at the liability of the Users themselves. Crestarx does not make any warranties or bear any responsibility regarding whether the information is accurate, up-to-date, true, lawful, or compatible for a purpose or otherwise.
2. If Users conduct transactions with Other Operators through the Service, Crestarx will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing regarding the transaction between the User and the Other Operator. Further all confirmation of the contents of the transaction and judgment regarding the execution of the transaction is conducted at the liability of the Users themselves. Crestarx does not make any warranties or bear any responsibility regarding the actual existence of the Other Operators, their identity or other attributes, whether they have authority, likelihood of performance of obligations, or performance or non-performance, the transaction’s effectiveness, compatibility, actual existence of products, or whether or not the products have flaws.
3. If a User contacts a specified or unspecified Other Operator through the service and exchanges Messages or otherwise communicates with them, the User shall make judgments regarding whether or not to disclose information about the User themselves or the User’s assets etc. to the other party, or whether files provided by the other party contain harmful programs etc., at their own liability.
4. Any disputes between the User and the Other Operators regarding transactions, communication etc. will be resolved at the expense and liability of the User.
5. The User acknowledges and agrees that Crestarx, within the limitation of applicable law, monitors the User’s communications with the Other Operators for the purpose of ensuring Use’s compliance with its obligations under the Regulation, and that Crestarx may restrict, delete, or prohibit such communications, if Crestarx decides it is necessary to do so, based on its sole discretion.
1. Crestarx sometimes posts links from the Crestarx Web Content to other sites. Even in this case Crestarx will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does not bear any responsibility regarding the information and services etc. provided at the linked site. Further, whether authorized or not, the same applies for sites that link to the Site.
2. Crestarx sometimes posts advertisements for Other Operators on the Site. Even in this case Crestarx will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does not bear any responsibility regarding the products and services etc. provided by the advertiser.
1. Crestarx may suspend or terminate part or all of the Service without prior notice due to system failure, software or hardware breakdown, fault, malfunction, or failure of telecommunication lines.
2. The information provided through the Service and communications and other exchanges may be delayed or interrupted as a result of Crestarx or Other Operators not being open for business, the occurrence of any of the events set out in Article 10.1,or for other reasons.
3. The information, data, software, products, and services provided by Crestarx through the service may include inaccuracies or faults. Further, Crestarx may add to, change, or delete all or part of this information etc. without prior warning.
4. Crestarx will take security measures at the level it judges reasonable regarding the server and other network equipment managed by Crestarx, but it is possible that incidents such as unlawful access, information leakage, or distribution of harmful programs could occur, in spite of these measures. Further, as Crestarx does not take security measures regarding information that travels over the Internet or other open networks unless specifically stated, and since even if security measures are taken they could be overridden, it is possible that information could be stolen, falsified etc.
5. Crestarx does not bear any obligation to protect information posted on the site by Users and may arrange, move, or delete the information as appropriate.
6. Crestarx does not bear any liability regarding damage suffered by Users resulting from the events set out in each of the above items.
7. Crestarx does not bear any liability regarding damage suffered by Users resulting from the parts of the service that are provided free of charge. Further, even ifa User suffers damage resulting from Crestarx’s negligence in a part of the servicethat is provided for a fee, Crestarx’s liability will be limited to the amount of payment actually received regarding the service that was the direct cause of the occurrence of damage, whether or not any cause for liability exists, such as non-performance of obligations, defect warranty, or illegal acts, excluding damage arising due to special circumstances and lost profits damage.
1. Users shall not conduct any of the actions that fall under the following items in their use of the Service:
2. Crestarx is not obliged to monitor whether or not the actions set out in the items in Article 11.1 are being conducted in respect of the Site or the Service. Further, Crestarx is not liable for any damage suffered by a User as a result of another User conducting the actions set out in the items in Article 11.1.
3. Crestarx may request cooperation from Users regarding the submission of materials, or obtaining information in order to investigate whether or not the actions setout in the items in Article 11.1 have taken place and the details thereof, and Users shall cooperate with such requests; provided, however, that Crestarx is not obliged to conduct such investigations.
1. Crestarx may, at its discretion, take any or several of the measures set out below in respect of a particular User without any notice; provided, however, that Crestarx has no obligation to take such measures:
2. Users may not make any claims or objections regarding the measures in Article 12.1 and Crestarx does not bear any obligation or responsibility such as to explain its reasons for taking the measures.
If a User breaches the representations and warranties it made in respect of these Rules and Regulations or Crestarx, or if Crestarx suffers damage due to a User’s willful misconduct or neglect, the User shall compensate Crestarx for all damage suffered by Crestarx (including legal fees).
1. If part of the provisions of these Rules and Regulations are judged invalid or unenforceable, the provision will be deemed to have been replaced with an effective and enforceable provision, the details of which are as close as possible to the purpose of the original provision. Further, in such case, the other provisions of these Rules and Regulations will survive and will not be influenced in any way.
2. These Rules and Regulations constitute the entire agreement between the User and Crestarx regarding the service and the Site and take precedence over all previous or current communications or suggestions made either electronically, in writing, or verbally.
1. The Service is only provided for residents of the target regions provided by Crestarx and posted on the Site and is not aimed at residents of any other countries or regions. Use of the Service from outside the target regions is prohibited.
2. The governing law for these Rules and Regulations, the Site, and the Service is the law of Japan.
3. The Tokyo District Court has exclusive jurisdiction as a court of first instance regarding any dispute concerning these Rules and Regulations, the Site, or the Service.