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Terms of Use

Introduction

The Terms of use (hereinafter the “Terms”) prescribed the use condition of Omni THK (hereinafter the “Service”), a web service operated by THK Co., Ltd. (hereinafter “THK“). The User of the Service is deemed to have consented to the Terms.

Membership Registration

  1. “User” of the Service is a general term for a Member and a Guest.
  2. “Member” means a corporation that, after consenting to the Terms, applies for membership registration by the method prescribed by THK and of which THK or the distributor which is selected by the Member (hereinafter a “Distributor”) gives approval for such registration.
  3. “Guest” means an individual or a corporation who uses such part of the Service that can be used without application for a membership registration.
  4. THK may deny approval or revoke the membership registration of any Member found to have submitted duplicate or false registration or when THK determines the Member is otherwise inappropriate.
  5. THK may impose limitations on the use of or block access to the Service or implement other measures against any Guest engaging in unauthorized access or trolling behavior or when THK determines that the Guest is otherwise inappropriate.
  6. A Member is entitled to modify the membership registration when there is any change to the registered information. Under no circumstances will THK be responsible for any damage incurred by a Member due to failure to make such modification.
  7. A Member is at any time entitled to request the deletion of the membership registration. Even without such request for deletion, a membership registration may be deleted when the Service has not been used for five (5) years.
  8. THK may alter the contents of registration based on the information it has obtained from sources elsewhere other than the Service, so that THK maintains the registration contents of the Members to be accurate and up-to-date. THK shall not be responsible to the Members for any damage caused by the alteration.

Password

  1. To use member services to the Member, the login by the mail-address and password is necessary.
  2. The Member performs the management of the password by responsibility of itself.
  3. Under no circumstances will the Member transfer or lend the passwords to a third party.
  4. In case the unauthorized password usage by a third party other than the Member is recognized, the Member shall contact THK promptly.
  5. The Member shall bear, and under no circumstances will THK bear, all a loss or damage caused by a password having been used by a third party because of the administrative deficiency of the password.

The handling of Personal Information

Personal information disclosed by a Member will be handled in accordance with the “On Handling of Personal Information” separately presented.

Purchase Request Service

  1. A Member may use the purchase request service among the Service, subject to the approval of the Distributor. And in any event, a purchase order may be established between the Member and the Distributor, and THK will not become a party to such purchase order.
  2. As THK does not assume or hold any responsibility, right, or authority whatsoever as a party to a purchase order, under no circumstances will THK be responsible for such purchase order. Any problem that may arise in relation to a purchase order must be settled between the Member and the Distributor.
  3. A purchase order may not be established by the decision of the Distributor, even if a Member requests the purchase using the Service.
  4. When requesting a purchase using the Service, the delivery of the product shall be chosen only china except Hong Kong, Macao, Taiwan.

On Copyrights

  1. Unless otherwise specified, all copyrights to the content posted within the Service (all information, including documents, photographs, illustrations, CADs, and data) belong to THK and are protected under the Copyright Act (including relevant treaties).
  2. THK strictly prohibits the User from selling, transferring, or loaning any such content regardless of the purpose. THK will under no circumstances approve any alteration, change, or addition to such content.

Disclaimer by THK

  1. THK does not make any warranty whatsoever with respect the use of the Service. The User is deemed to have consented that the User use the Service on its own responsibility.
  2. THK does not give any warranty whatsoever regarding the merchantability, compatibility for a particular purpose, or non-infringement of intellectual property rights with respect to products and information posted within the Service.
  3. Under no circumstances will THK be responsible for any damage incurred by the User arising as a result of the use of the Service.
  4. Under no circumstances will THK warrant that the User’s computer will not become infected by any virus or other destructive programs in using the Service. The User takes the responsibility for implementing preventive measures.
  5. Under no circumstances will THK be responsible for any contents of link source and link destination of the web-browser linked from the Service.
  6. Under no circumstances will THK be responsible for any dispute or problem between the User and a third party. The User and a third party will be liable to settle on their own responsibility any problem that may arise between them and will not make any claim to THK whatsoever.
  7. In case THK received any claim from a third party, including that for compensation for damage due to the User’s act, the User will settle it at its own expense and responsibility.
  8. In case THK disburses to such third party damages for reasons attributable to the User, the User will repay to THK the damages and any other expenses (including attorney’s fees and lost earnings).

Prohibition

  1. THK prohibits the User from engaging, in the use of the Service, in any conduct in violation of any legislation or the Terms or in any act which is deemed inappropriate by THK.
  2. The resale of products purchased from the Distributor using the Service to the third party shall be prohibited as a general rule.
  3. THK entitled to suspend the Service or take the measures that THK judged against any User who has committed a prohibited act.

Note

The products purchased from THK group is prohibited for the sale to the following requirements by the Japanese foreign exchange and foreign trade act.

・In case the products will be used for the development, manufacture, use, storage etc. of Weapons of Mass Destruction (WMD).

・In case end user is/was involved in WMD-related program except for the case the item in question will be apparently used for a purpose other than the WMD-related activites.

*Weapons of Mass Destruction (WMD) means weapons which have wide effectiveness, such as nuclear and chemical weapons and their delivery systems such as missiles and unmanned plane.

Assignment of Rights

THK at its discretion entitled to assign all or part of the Service to a third party, and in this case, within the limits of the assigned rights, all rights of the User related to the Service including the Member account are transferred to the assignee.

Severability

Even if any provision of the Terms or any part thereof is held invalid or unenforceable under any legislation or otherwise, the remainder of the Terms or the remaining part of the provision held partially invalid or unenforceable shall remain in full force.

Modification or Discontinuance of Service

  1. Whenever THK determines it is necessary, THK may, without prior notice to the User, interrupt, suspend, modify, or discontinue the Service in whole or in part.
  2. Under no circumstances will THK be responsible for any damage incurred by the User arising due to such interruption, suspension, modification, or discontinuance of the Service.

Revision of Terms

  1. THK is entitled to revise the Terms by updating any of provisions at any time.
  2. The User is deemed to have consented to the revised Terms so revised at the time when the User uses the Service after the revision.

Governing Law and Agreed Exclusive Jurisdiction

The Terms will be construed in accordance with the laws of Japan, and any lawsuit that may be required in relation to the Terms will be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.



Established on May 21, 2018