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Terms and Conditions

TERMS OF USE

 By registering with 8gear.jp (hereinafter referred to as "the Site"), you are confirming that you have read these terms and conditions of your use of the Site and agree to abide by the same. These terms and conditions (hereinafter referred to as "User Agreement") constitute your binding obligations towards 8Gear Co,. ltd. (hereinafter referred to as “8gear.jp” or “we” or “us”). This User Agreement is effective upon acceptance in registration for new registering users. ecarjapan.com may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days is this mandatory days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. The implication is that you are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.  You must read, agree with and accept all of the terms and conditions contained in this User Agreement and 8gear.jp"s Privacy Policy, which include terms and conditions expressly set out below and those incorporated by reference, before you may become a member of 8gear.jp. Our Privacy Policy may be viewed by clicking on the following link: PrivacyPolicy.

Attention: The underlined words and phrases are links to other pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and affiliates will be governed by the User Agreement and the Privacy Policy posted on those websites.

1. Membership Eligibility

 Full use of the Site is available only to persons who can form legally binding contracts with 8gear.jp under an applicable law. Persons under 20 years old including un-discharged insolvents etc. are not eligible to use the Site. The Site is not available to persons whose membership has been suspended or terminated by 8gear.jp. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

2. Your Account and Registration Obligations

 If you use the Site, you are responsible for maintaining the confidentiality of your account like email ID, Password, etc. and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:

 (a) Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Site (such information being the "Registration Data"); and

 (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or 8gear.jp has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, ecarjapan.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

3. Electronic Communications

 When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Fees and Services

 Membership on the Site is free. 8gear.jp does not charge any fee for browsing on the Site. However, 8gear.jp reserves the right to change its fee charging from time to time. In particular, 8gear.jp may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event 8gear.jp reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee charging and shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in US dollar and Japanese Yen. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. ecarjapan.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to 8gear.jp. 8gear.jp also reserves the right to take legal action in case of non-payment of fees by you to 8gear.jp.

5. Use of the Site

5-A  You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:

 (a) "Your Information" is defined as any information you provide to us or to the other users of the Site in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

 (b) Your Information (or details of any vehicles you list on the Site):

(i) shall not be false, inaccurate or misleading;

(ii) shall not be fraudulent or involve the sale of counterfeit or stolen cars;

(iii) shall not infringe any third party"s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and

(iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any car, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

 (c) You agree to supply us with Your Information so we can use it for the purpose of the Site and agree that we are not violating any rights you might have in Your Information. Hence you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. 8gear.jp will only use Your Information in accordance with the User Agreement and ecarjapan.com"s Privacy Policy. You hereby understand and agree that the Site may use your information to identify potential members of the site with whom you may have a beneficial relationship (including car dealers or potential buyers). Further, you acknowledge, authorize and consent to 8gear.jp sharing your information with car dealers or potential buyers, as the case may be in the course of its business.

 (d) You represent and confirm that you shall be the sole and exclusive legal owner of all cars, goods or products of any description that you wish to offer for sale on the Site or shall have complete rights with respect to such cars, goods or products bestowed on you by the legal owner of such cars, goods or products in writing and you will have the full authority in law to deal and offer for sale such cars, goods or products.

 (e) In the event that any transaction or attempted transaction relating to any car, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform 8gear.jp of the same. You may contact 8gear.jp by sending mail to info@8gear.jp

 (f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any car or services being sold or purchased on the Site.

 (g) From time to time, you shall be responsible for providing information relating to the cars or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such cars or services so as to mislead other Users in any manner.

 (h) You will not disclose your contact details like phone number, address, email address in the buying or listing process, other than the specified place in the form, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass 8gear.jp.

5B. You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display, upload, modify, publish, transmit, update or share any information that -

 (a) belongs to another person and to which you do not have any right to;

 (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

 (c) may harm minors in any way;

 (d) infringes any patent, trademark, copyright or other third party proprietary rights;

 (e) violates any law for the time being in force;

 (f) deceives or misleads Ecarjapan.com, Site and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 (g) impersonate any other person;

 (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

 (i) threatens the unity, integrity, defence, security or sovereignty of Japan, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

6. Communication Platform

 The Site is only a venue where Users may meet and interact with one another for their transactions. If buyers and seller want to conclude a transaction without using 8gear.jp escrow service, 8gear.jp is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:

 (a) 8gear.jp is not responsible for any non-performance or breach of any contract entered into between Users. ecarjapan.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. 8gear.jp shall not and is not required to mediate or resolve any dispute or disagreement between Users.

 (b) 8gear.jp does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the vehicles or services proposed to be sold or purchased on the Site. In particular, 8gear.jp does not implicitly or explicitly support or endorse the sale or purchase of any vehicles or services on the Site. 8gear.jp accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 (c) 8gear.jp does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.

 (d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell cars or associated services. 8gear.jp is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the winning buyer. At no time shall any right, title or interest over the cars vest with 8gear.jp nor shall 8gear.jp have any obligations or liabilities in respect of such contract. 8gear.jp is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of cars which are out of stock or otherwise unavailable. All cars are offered only for a restricted time and only for the available supply.

 (e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.

 (f) You release and indemnify 8gear.jp and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, 8gear.jp cannot control the information provided by other Users which is made available on the Site. You may find other User"s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site.

7. Privacy

 We do not disclose your personal information to third parties for their marketing purposes without your explicit consent and we only use and disclose Your Information as described in the Privacy Policy. We view protection of Users" privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. You acknowledge and agree that Your Information and including any personal information would need to be provided by you to other Users through the Site when you seek to transact with such Users on the Site. You further agree that we have no control over the recipient Users of Your Information since such Users are selected by you when you choose to interact or transact with them.

8. Breach

 Without limiting other remedies, 8gear.jp may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:

 (a) If you breach the User Agreement or the documents it incorporates by reference;

 (b) If 8gear.jp is unable to verify or authenticate any information you provide; or

 (c) If it is believed that your actions may cause legal liability for you, other Users or 8gear.jp; or

 (d) If you breach any term on the ecarjapan.com’s website or Privacy policy or any applicable law/notification. 8gear.jp may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with 8gear.jp or use the Site in any manner whatsoever until such time that such User is reinstated by8gear.jp. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, 8gear.jp reserves the right to recover any damages and amounts due and owing by you to 8gear.jp and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

9. Buying

8gear.jp strongly advises you not to test the Site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by 8gear.jp. Please be aware that even if you do not give ecarjapan.com your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

10. No Warranty

8gear.jp and its suppliers provide the Site and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your own sole risk.

11. Limitation of Liability

 In no event shall 8gear.jp or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement (however arising, including negligence). 8gear.jp"s liability in any circumstance is limited to the amount of fees, if any, paid by you to ecarjapan.com. 8gear.jp, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, 8gear.jp assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or

(ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that ecarjapan.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ecarjapan.com has been advised of the possibility of such damages).

12. Indemnity

 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys" fees, made by any third party due to or arising out of or in connection with your breach of the User Agreement or the documents it incorporates by reference, or your use of the Site or your violation of any law or the rights of a third party.

13. Relationship and Notice

 None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and 8gear.jp and you shall have no authority to bind 8gear.jp in any manner whatsoever.

14. Arbitration

 If any dispute arises between you and 8gear.jp during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by ecarjapan.com. The place of arbitration shall be Japan.

15. Governing Law

 The User Agreement shall be governed and construed in accordance with the laws of Japan.