Terms of Use

Article 1 Membership Qualification
  1. A Cercle member shall mean any individual or legal entity which applied for membership after having agreed to abide by these Terms of Use in order to use “Cercle” marketing services (“Services”) using the Internet, operated by Mojax Inc. (the “Company”), and which the membership has been approved by the Company.
  2. Subject to these Terms of Use, a Cercle member may purchase goods or merchandise placed for sale on the internet by using the Services.
  3. A Cercle member may not lend, transfer, sell, pledge or otherwise, allow any third party to use his/her membership status.
Article 2 Modification of Cercle Membership Terms of Use
The Company may at any time change or modify these Terms of Use. In the event of modification of these Terms of Use, any and all matters relating to the prices and other Services shall be subject to the Terms of Use after the modification.
Article 3 Role of the Company
  1. The Company provides opportunities for direct marketing of goods between sellers and purchasers, and shall not be a party to any sales and purchase agreement involving any goods or merchandise. Therefore, the Company shall not be involved in or responsible for any problems which occurred among the seller, purchaser or any third party with respect to any goods or merchandise, and such problems shall be resolved among those parties mentioned above.
Article 4 Enrollment
  1. Anyone who desires to become a Cercle member, he/she shall agree to abide by these Terms of Use, and submit an application for enrollment to the Company by the prescribed procedure designated by the Company.
  2. Anyone who does not have his/her email address, he/she may not be eligible to become a Cercle member unless specifically approved by the Company.
  3. Any personal information obtained by the Company at the time of enrollment shall be used to the extent necessary to attain the purposes set forth in these Terms of Use.
Article 5 ID/Password
  1. A Cercle member shall be responsible for managing his/her ID and password given by the Company to him/her after the registration for membership.
  2. A Cercle member may not lend, transfer, sell, pledge or otherwise, or allow any third party to use his/her ID, password and position and/or qualification of the membership given by the Company in relation to the use of the Services. Furthermore, a Cercle member shall be prohibited from engaging in any act whose purpose is to allow anyone else to use his/her status as a Cercle member (for example, lending his/her cellphone to someone which has been registered with the Company, and such person answers the phone as, or pretending to be a Cercle member).
  3. Upon entering his/her ID and password, from the time after entering the ID/password until the time specified by the Company (“Log-on Time”), the member may use the Services by the method of use prescribed by the Company, without re-entering his/her ID and password. The member may not lend, transfer, sell, pledge or otherwise, or allow any third party to use any device having his/her ID and password entered, during the Log-on Time.
  4. A Cercle member shall be responsible for any problem arising from the mismanagement, misuse, or use by a third party of the ID and password, or logged on personal computers or cellphones, and the Company shall take no responsibility whatsoever unless such problem is attributable to the Company.
  5. In the event that a password becomes known to a third party, or that a third party is likely to use or suspected to have used any device or cellphones having the password entered, a Cercle member shall promptly notify the Company of such incident, and follow any instructions given by the Company.
  6. A Cercle member is obligated to regularly change his/her password, and the Company shall have no responsibility whatsoever for any damage arising from the member’s failure to perform such obligation.
Article 6 Overview of the Services
  1. In order to offer safe and reliable Services, and to avoid any problems between the seller and purchaser, the features of the Services are that the Company conducts the inspection of goods to be sold, sells the goods under the conditions upon which the Company receives and storing, and delivers the goods to the purchaser.
  2. Any personal information of the purchaser or seller shall not be notified (disclosed) to one another, except for the ID and any information disclosed in “My Page”, as well as when such information is necessary to resolve any problems arising between the purchaser and seller.
  3. Anyone who resides outside of Japan may not place or sell any goods in the Service.
  4. The seller is obligated to sell goods or merchandise to the purchaser at their selling prices.
  5. The purchaser is obligated to purchase goods from the seller at their selling prices.
  6. If there are multiple prospective purchasers, the fastest person to send data containing his/her request to purchase goods to the Company’s database server shall become the purchaser. However, if the Company determines that such person has not been using the Services properly, the Company may invalidate such purchase request.
  7. The Company will designate the ending time of sales.
  8. The ending time of the period of sales shall be based on the time specified in the Company’s server.
  9. If any data containing desired purchases did not arrive in time specified by the Company, it shall be deemed that such purchases never took place.
  10. If any goods were not purchased by the ending time of the period of sales, the Company will, in principle, automatically lower the price of the goods and put out for sale again in the Service. If the total period of sales exceeds 39 days in the Service, the Company will sell such goods at Yahoo Auction operated by Yahoo Japan Corporation starting from one (1) JPY due to our principle of selling out.
  11. The Company will evaluate sellers in accordance with the manner prescribed by the Company, and disclose such evaluation within the Services. Furthermore, the Company will evaluate purchasers in accordance with the manner prescribed by the Company, and will make a blacklist of specific purchasers or prospective purchasers in order to avoid problems. After the registration, the Company may deny such purchasers or prospective purchasers who are on the blacklist from purchasing or making inquiries.
  12. If the evaluation for any prospective purchaser’s account have more than three (3) “bad” ratings, such ID may not be used to make the purchase.
  13. If a purchaser makes no communication with the Company for more than five (5) days after making a request to purchase, the Company may retrospectively invalidate such purchase. In that case, such purchaser will be rated “bad” (※The evaluation will only be shown in the app version.)
  14. Minors may not use the Services.
  15. The Company will intermediate the payment procedure for selling and purchasing goods between sellers and purchaser.
Article 7 Payment of Fees
  1. Method of Payment
    A Cercle member shall pay the amount of the fees for purchasing goods as specified by the Company, by the method specified by same. The member shall not be released from any payment duties. The Company shall not, for any reason, reimburse or return any fees already paid.
  2. Failure to Make Payment
    Any Cercle member who fails to make payment by the due date specified by the Company shall be given the rating of “bad”.
  3. Transfer of Rights to Monetary Claims and Outsourcing of Collection Services
    Please note that the Company may transfer or assign its monetary claims to any telecommunications carriers, credit card companies or any other third parties (collectively called as “Telecommunications Carriers”) and to have such Telecommunications Carriers to collect fees on behalf of the Company.
Article 8 Compensation
  1. Since goods are to be delivered by EMS (Express Mail Service), compensation for any loss or damage during delivery shall be limited to, and within the extent of compensation allowed under EMS. Please note that the Company will not be responsible for any damage or loss during transportation.
  2. Please note that there may be times when unexpected problems arise during international delivery, and as a result, goods may not be delivered. In such a case, the price and/or shipping costs for the goods shall not be compensated made.
  3. Any damage or loss from natural disasters shall not be compensated.
Article 9 Prohibited Acts
In the case where a Cercle member conducts the following prohibited act(s), the Company will claim any and all damages arising out of such prohibited act(s) against the Cercle member:
  1. Any act of providing false information when utilizing the Services, or disrupting the operation of the Services, or which might otherwise interfere with services of the Company.
  2. Any act which causes or may cause nuisance, detriment or damage to other members/users, third parties or the Company.
  3. Any act which infringe or may infringe intellectual property rights (including, but not limited to, copyrights), privacy rights, moral rights, and any other rights of other users, third parties or the Company.
  4. Any act which violates or may violate public order and morals, or any other laws and regulations.
  5. Any other acts which the Company designate as inappropriate.
Article 10 Governing Law, Jurisdiction
These Terms and Conditions shall be governed by the laws of Japan, and the Osaka District Court shall have the exclusive jurisdiction.
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