Terms of Use
Web Services Terms and Conditions
These terms and conditions set forth the general terms and conditions for the use of the web services (hereinafter referred to as “The Service”) prescribed in Article 1, provided by The TEX Report, Ltd. (hereinafter referred to as “we” or “The Company” or “The TEX Report”). Please read the following terms and conditions carefully and agree to the following terms and conditions before using The Service. By signing up to The Service, you are agreeing to these terms and conditions.
Article 1. Definitions
Definitions of terms used in these terms and conditions are as follows:
(1)
“The Service” means online-based daily reports covering news about various industries including steel resources, steel products trading, and natural resources and energy, published in the form of newsletter. The Service includes four reports: “The TEX Report,” “TEX Energy Report,” “The TEX Report Japanese Edition,” and “TEX Energy Report Japanese Edition” with different contents and different price;
(2)
“The TEX Report” means an English report covering mainly market trends of “steel,” “coal and cokes,” “iron ore,” “steel scrap,” and “ferro alloys,” and supply-demand situations, trade statistics and other statistics published in the form of newsletter;
(3)
“TEX Energy Report” means an English report covering mainly supply-demand situations and market trends of “crude oil,” “oil products,” “gas,” and “coal and cokes,” and overall trend of resources energy published in the form of newsletter;
(4)
“The TEX Report Japanese Edition” means a Japanese report covering mainly market trends of “steel products trading,” “coal and cokes,” “iron ore,” “steel scrap,” and “ferro alloys,” and supply-demand situations, trade statistics and other statistics published in the form of newsletter;
(5)
“TEX Energy Report Japanese Edition” means a Japanese report covering mainly supply-demand situations and market trends of “crude oil,” “oil products,” “gas,” and “coal and cokes,” and overall trend of resources energy published in the form of newsletter;
(6)
“ID” means identification number issued to identify a user of The Service;
(7)
“Password” means a string of characters that authenticates the validity of a user of The Service; or
(8)
“Contents” means texts, audio, video, etc. provided in The Service.
Article 2. Changes to Terms and Conditions etc.
We reserve the right to change these terms and conditions etc. at any given time without prior notice to users. When using The Service after the changes take effect, users shall be deemed to have agreed to the amended terms and conditions.
Article 3. Application for The Service
An applicant shall apply for The Service through the procedures stipulated by us. A service contract shall be deemed to have been concluded when we accept the application.
Article 4. Changes to Registration Information
1.
When a user’s registration information submitted to us (i.e., address where The Service shall be provided to, email address, contact address, or phone number, etc.) is changed, the user shall file a notification of the change through the procedures stipulated by us without delay.
2.
Even if a user suffers any disadvantage before filing a notification prescribed in the preceding paragraph or due to failure to file a notification prescribed in the preceding paragraph, we shall not bear any responsibility for any disadvantage suffered by the user.
Article 5. Management of ID and Password etc.
Users shall bear responsibility for managing their ID and passwords for The Service. We shall not bear any responsibility for any damage or loss suffered by users resulting from the use of their ID and passwords by third parties.
Article 6. Scope of Use, Payment Method, and Subscription Fee
1.
Provision of The Service shall be deemed to have commenced after registration is completed and we confirm payment of a fee for The Service.
2.
Prices of The Service, restrictions on simultaneous use, and the scope of use are stipulated as below:
a.
An ID is issued to a user;
b.
The use of The Service shall be limited to the user itself, and persons who belong to the same team or the same department as the user;
c.
A single ID can be used on multiple devices, but it cannot be used simultaneously on multiple devices; or
d.
Subscription fee is charged every 6 months or 12 months. The fees for daily reports are:
The TEX Report: US$870 per 6 months, or US$1,680 per 12 months;
TEX Energy Report: US$1,100 per 6 months, or US$2,000 per 12 months;
The TEX Report Japanese Edition: US$600 per 6 months, or US$1,150 per 12 months; or
TEX Energy Report Japanese Edition: US$600 per 6 months, or US$1,150 per 12 months.
3.
When a price of The Service is changed, we shall give prior notice to users.
4.
Even where a user does not use The Service during a contract period, any fees already paid shall not be refunded.
5.
Communication charges, and any costs of terminal equipment, communication devices and other equipment for the use of The Service shall be borne by users.
6.
Users shall pay fees for The Service through bank transfer to a bank account designated by us. All bank charges shall be borne by users.
Article 7. Automatic Renewal, and Cancellation
1.
In the case where we do not hear from a user prior to the expiration date of a contract, the user shall be deemed to have agreed to the renewal of the contract, and we shall charge the fee for the same period as the most recent contract, and issue an invoice for the charge.
2.
In the case where an invoice for renewal of The Service is not duly paid by the due date, a user shall be deemed to have no intention to renew The Service and the user’s account shall be suspended.
3.
In the case where a user cancels The Service, the user can process the cancellation by notifying us in a manner prescribed by us.
4.
In the case of cancellation before expiration for the convenience of a user, the refund shall be made on a monthly basis, not a pro-rata basis. We shall refund the amount obtained by deducting the fee for the period already passed and a one-month penalty from the total amount of the fee for The Service.
5.
All charges for remittance shall be borne by users.
6.
Users shall be liable for obligations, which users shall incur pursuant to these Terms and Conditions, even after the termination of the contract.
Article 8. Handling of Personal Information
We shall handle user information in an appropriate manner pursuant to our Privacy Policy.
Article 9. Suspension of The Service
1.
We reserve the right to suspend the provision of The Service to users without prior notice if:
1.
it is necessary to conduct maintenance, management, or repair of the system of The Service; or
2.
it becomes difficult or impossible to provide The Service due to natural disasters, wars, or labor disputes, etc.
2.
In the case where the provision of The Service is suspended, we shall endeavor to restore The Service to an available state in a swift manner. However, we shall not give any refund for the suspended period unless the suspension is caused by our gross negligence.
Article 10. Advertising
1.
Advertisements may be displayed within the contents of The Service.
2.
We shall not guarantee credibility, safety, and legality of the contents and any information with respect to products, etc. within the advertisements.
3.
We shall not bear any responsibility for any damage suffered by users in accessing the advertisements.
Article 11. Intellectual Property Rights
Intellectual property rights with respect to texts, images, or other materials within The Service shall belong to The TEX Report or other appropriate rights holders.
Article 12. Disclaimer
1.
Users shall use or access The Service at their own risk.
2.
We shall not bear any responsibility for any damage suffered by users or third parties unless it arises from intentional misconduct or gross negligence by us.
3.
If a user has a dispute with another user or a third party, the user shall resolve the dispute at its own risk.
Article 13. Prohibition
1.
We shall prohibit users from engaging in acts stipulated below:
a.
Acts of using copyrights, trademarks, or other intellectual property rights without our permission;
b.
Acts that cause or are likely to cause loss or damage to us, other users, or third parties;
c.
Acts of editing, revising, selling or distributing images, data, programs, etc. provided within The Service;
d.
Acts that violate or are likely to violate laws, regulations, public order and morals;
e.
Acts of defamation or intimidation against us; or
f.
Any other acts that we deem inappropriate.
2.
We shall prohibit reproduction, disclosure, transmission, forwarding, distribution, transfer, lending, translation, licensing, selling of contents provided through The Service in part or in full.
3.
Users can quote and thereby exploit works provided by The TEX Report (including ones adapted or processed by The TEX Report, the same hereinafter) only in public occasions associated with business of the users such as in-house meetings, seminars, or presentations, etc. in accordance with Article 32 of the Copyright Act. In this case, users must clearly indicate “The TEX Report, Ltd.” in the same place of the quotation.
4.
When causing damage to us, other users, or third parties by prohibited acts stipulated in the Article, a user shall agree to be responsible for any compensation for the damage.
Article 14. Termination of The Service
1.
When a user violates these Terms and Conditions, we may terminate the provision of The Service to the user, suspend or terminate the account of the user, or take other necessary measures.
2.
When a user transfers its ID used in The Service to a third party or violates legitimate use of The Service, the user must compensate The TEX Report for damages incurred due to the infringement.
Article 15. Audit
1.
The TEX Report and a third party entrusted by us have the right to conduct an audit of the use of The Service by a user in order to confirm whether it observes the duty stipulated in these Terms and Conditions, and the user must cooperate with the audit.
2.
Costs incurred for the audit stipulated in the preceding paragraph shall be borne by The TEX Report, expect in the case that, as a result of the audit, it is found by The TEX Report that there is a fact of violation of a contract or the audit is caused by any reason attributable to the user.
3.
When it is found by The TEX Report that, as a result of the audit in the first paragraph of Article 15, there is a fact of violation of terms on the payment by the user, the user shall compensate damages equivalent to twice the amount of the usage fee that should have been paid to The TEX Report after deducting any usage fee already paid.
Article 16. Elimination of Antisocial Forces
1.
The TEX Report and users shall guarantee to the other party that:
(1)
The party is not a member of an organized crime group (boryokudan), a former member of an organized crime group for whom five years have not elapsed since leaving an organized group, an associate member of an organized crime group, a company related to an organized crime group, a corporate extortionist (sokaiya), and the like, a socially-branded racketeering organization (shakaiundoto-hyobo-goro), an organized crime-related specialist (tokushuchino-boryokushudan) and the like, or any other person or organization (collectively “Antisocial Forces”);
(2)
The party does not or will not have any;
a.
Relationship in which it is deemed to be wrongfully making use of Antisocial Forces, including making use of Antisocial Forces for the purpose of obtaining a wrongful benefit for the party itself or a third party or causing damage to a third party; or
b.
Relationship in which it is deemed to be involved with Antisocial Forces by providing funds or any other benefit, etc. for the purpose of helping Antisocial Forces maintain and operate Antisocial Forces;
(3)
Management of the party (meaning board members, executive officers, auditors, consultants, chairman or equivalents thereof who substantively hold a controlling interest of the party regardless of what it is called) is not or will not be a member of Antisocial Forces, or are not deemed to have socially reprehensible relationship with Antisocial Forces;
(4)
The party does not or will not allow Antisocial Forces to sign any contract under the name of the party; or
(5)
The party does not or will not conduct acts with regard to trading stipulated as below;
a.
Making demands using violent means;
b.
Making unreasonable demands beyond its legal liability;
c.
Using threatening words, behavior or violence with regard to trading;
d.
Damaging the credit or obstructing business of the other party, by spreading a rumor or using a fraudulent means or force; or
e.
Any other act equivalent to one of the preceding acts.
2.
When there is a violation stipulated as below, each party may terminate a contract without providing any notification to the other party whatsoever.
a.
When it is found a party expresses an intention contrary to 1-(1) or 1-(3) of the preceding paragraph;
b.
When it is found a party signs a contract contrary to 1-(4) of the preceding paragraph;
c.
When it is found a party commits an act contrary to 1-(5) of the preceding paragraph.
3.
Each party must compensate damages to the other party when a contract is terminated by the other party pursuant to the preceding paragraph.
4.
When a contract is terminated pursuant to the preceding paragraph, the party that is terminated the agreement by the other party shall not have the right to claim for any damages incurred for the termination of the agreement.
Article 17. Entire Agreement
The contract constitutes the exclusive and entire agreement between The TEX Report and users with respect to the licensing of The Service and supersedes all prior and contemporaneous documents, emails, etc. provided by The TEX Report and any oral agreement reached between the parties.
Article 18. Change to Agreement
When there is a request from a user, a contract may be amended only if in the case of written consent signed by representatives of The TEX Report and the user.
Article 19. Consultation
When a dispute arises from matters not stipulated in these Terms and Conditions or a discrepancy of interpretation of these Terms and Conditions occurs, the parties concerned shall endeavor to resolve the matters through consultation in good faith.
Article 20. Applicable Law
These Terms and Conditions shall be governed by the laws of Japan.
Article 21. Jurisdiction
With respect to any disputes between us and users that may arise from or in connection with these Terms and Conditions or the use of The Service, the Tokyo High Court or the Tokyo District Court shall be the exclusive court of the first instance.
October 1, 2022
The TEX Report, Ltd.
Web Services Terms and Conditions
These terms and conditions set forth the general terms and conditions for the use of the web services (hereinafter referred to as “The Service”) prescribed in Article 1, provided by The TEX Report, Ltd. (hereinafter referred to as “we” or “The Company” or “The TEX Report”). Please read the following terms and conditions carefully and agree to the following terms and conditions before using The Service. By signing up to The Service, you are agreeing to these terms and conditions.
Article 1. Definitions
Definitions of terms used in these terms and conditions are as follows:
(1)
“The Service” means online-based data service providing trade statistics about industries we cover in Excel format, etc. which can be edited and stored. All data we provide through The Service are in English. There are three services, “LNG Monthly Statistics,” “LPG Monthly Statistics,” and “Coal Monthly Statistics”;
(2)
“LNG Monthly Statistics” provides trade statistics concerning LNG (data of import or export by country or by port, and average prices, etc.). Countries or territories we cover in this service are Japan, the US, China, South Korea, Taiwan, Indonesia, Thailand, India, Australia, Russia, and Brazil, etc.;
(3)
“LPG Monthly Statistics” provides trade statistics concerning LPG (data of import or export by country or by port, etc.). Countries or territories we cover in this service are Japan, the US, China, South Korea, Taiwan, Indonesia, Thailand, India, Vietnam, and the Philippines, etc.;
(4)
“Coal Monthly Statistics” provides trade statistics concerning Coal (data of import or export by country or by port, etc.). Coal types we cover are metallurgical (coking) coal, thermal coal, anthracite, coal coke, green petroleum coke, calcined petroleum coke, biomass fuels, etc. Countries or territories we cover in this service are Japan, Indonesia, Australia, China, South Korea, India, Taiwan, the US, Brazil, Canada, and Russia, etc.;
(5)
“ID” means identification number issued to identify a user of The Service;
(6)
“Password” means a string of characters that authenticates the validity of a user of The Service; or
(7)
“Contents” means texts, audio, video, etc. provided in The Service.
Article 2. Changes to Terms and Conditions etc.
We reserve the right to change these terms and conditions etc. at any given time without prior notice to users. When using The Service after the changes take effect, users shall be deemed to have agreed to the amended terms and conditions.
Article 3. Application for The Service
An applicant shall apply for The Service through the procedures stipulated by us. A service contract shall be deemed to have been concluded when we accept the application.
Article 4. Changes to Registration Information
1.
When a user’s registration information submitted to us (i.e., address where The Service shall be provided to, email address, contact address, or phone number, etc.) is changed, the user shall file a notification of the change through the procedures stipulated by us without delay.
2.
Even if a user suffers any disadvantage before filing a notification prescribed in the preceding paragraph or due to failure to file a notification prescribed in the preceding paragraph, we shall not bear any responsibility for any disadvantage suffered by the user.
Article 5. Management of ID and Password etc.
Users shall bear responsibility for managing their ID and passwords for The Service. We shall not bear any responsibility for any damage or loss suffered by users resulting from the use of their ID and passwords by third parties.
Article 6. Scope of Use, Payment Method, and Subscription Fee
1.
Provision of The Service shall be deemed to have commenced after registration is completed and we confirm payment of a fee for The Service.
2.
Prices of The Service, restrictions on simultaneous use, and the scope of use are stipulated as below:
a.
An ID is issued to a user;
b.
The use of The Service shall be limited to the user itself, and persons who belong to the same team or the same department as the user;
c.
A single ID can be used on multiple devices, but it cannot be used simultaneously on multiple devices; or
d.
Subscription fee is charged for each service every 12 months. The fees are:
New customer: US$600 per 12 months; or
Subscriber of Daily Reports: US$500 per 12 months.
3.
When a price of The Service is changed, we shall give prior notice to users.
4.
Even where a user does not use The Service during a contract period, any fees already paid shall not be refunded.
5.
Communication charges, and any costs of terminal equipment, communication devices and other equipment for the use of The Service shall be borne by users.
6.
Users shall pay fees for The Service through bank transfer to a bank account designated by us. All bank charges shall be borne by users.
Article 7. Automatic Renewal, and Cancellation
1.
In the case where we do not hear from a user prior to the expiration date of a contract, the user shall be deemed to have agreed to the renewal of the contract, and we shall charge the fee for the same period as the most recent contract, and issue an invoice for the charge.
2.
In the case where an invoice for renewal of The Service is not duly paid by the due date, a user shall be deemed to have no intention to renew The Service and the user’s account shall be suspended.
3.
In the case where a user cancels The Service, the user can process the cancellation by notifying us in a manner prescribed by us.
4.
In the case of cancellation before expiration for the convenience of a user, the refund shall be made on a monthly basis, not a pro-rata basis. We shall refund the amount obtained by deducting the fee for the period already passed and a one-month penalty from the total amount of the fee for The Service.
5.
All charges for remittance shall be borne by users.
6.
Users shall be liable for obligations, which users shall incur pursuant to these Terms and Conditions, even after the termination of the contract.
Article 8. Handling of Personal Information
We shall handle user information in an appropriate manner pursuant to our Privacy Policy.
Article 9. Suspension of The Service
1.
We reserve the right to suspend the provision of The Service to users without prior notice if:
1.
it is necessary to conduct maintenance, management, or repair of the system of The Service; or
2.
it becomes difficult or impossible to provide The Service due to natural disasters, wars, or labor disputes, etc.
2.
In the case where the provision of The Service is suspended, we shall endeavor to restore The Service to an available state in a swift manner. However, we shall not give any refund for the suspended period unless the suspension is caused by our gross negligence.
Article 10. Advertising
1.
Advertisements may be displayed within the contents of The Service.
2.
We shall not guarantee credibility, safety, and legality of the contents and any information with respect to products, etc. within the advertisements.
3.
We shall not bear any responsibility for any damage suffered by users in accessing the advertisements.
Article 11. Intellectual Property Rights
Intellectual property rights with respect to texts, images, or other materials within The Service shall belong to The TEX Report or other appropriate rights holders.
Article 12. Disclaimer
1.
Users shall use or access The Service at their own risk.
2.
We shall not bear any responsibility for any damage suffered by users or third parties unless it arises from intentional misconduct or gross negligence by us.
3.
If a user has a dispute with another user or a third party, the user shall resolve the dispute at its own risk.
Article 13. Prohibition
1.
We shall prohibit users from engaging in acts stipulated below:
a.
Acts of using copyrights, trademarks, or other intellectual property rights without our permission;
b.
Acts that cause or are likely to cause loss or damage to us, other users, or third parties;
c.
Acts of editing, revising, selling or distributing images, data, programs, etc. provided within The Service;
d.
Acts that violate or are likely to violate laws, regulations, public order and morals;
e.
Acts of defamation or intimidation against us; or
f.
Any other acts that we deem inappropriate.
2.
We shall prohibit reproduction, disclosure, transmission, forwarding, distribution, transfer, lending, translation, licensing, selling of contents provided through The Service in part or in full.
3.
Users can quote and thereby exploit works provided by The TEX Report (including ones adapted or processed by The TEX Report, the same hereinafter) only in public occasions associated with business of the users such as in-house meetings, seminars, or presentations, etc. in accordance with Article 32 of the Copyright Act. In this case, users must clearly indicate “The TEX Report, Ltd.” in the same place of the quotation.
4.
When causing damage to us, other users, or third parties by prohibited acts stipulated in the Article, a user shall agree to be responsible for any compensation for the damage.
Article 14. Termination of The Service
1.
When a user violates these Terms and Conditions, we may terminate the provision of The Service to the user, suspend or terminate the account of the user, or take other necessary measures.
2.
When a user transfers its ID used in The Service to a third party or violates legitimate use of The Service, the user must compensate The TEX Report for damages incurred due to the infringement.
Article 15. Audit
1.
The TEX Report and a third party entrusted by us have the right to conduct an audit of the use of The Service by a user in order to confirm whether it observes the duty stipulated in these Terms and Conditions, and the user must cooperate with the audit.
2.
Costs incurred for the audit stipulated in the preceding paragraph shall be borne by The TEX Report, expect in the case that, as a result of the audit, it is found by The TEX Report that there is a fact of violation of a contract or the audit is caused by any reason attributable to the user.
3.
When it is found by The TEX Report that, as a result of the audit in the first paragraph of Article 15, there is a fact of violation of terms on the payment by the user, the user shall compensate damages equivalent to twice the amount of the usage fee that should have been paid to The TEX Report after deducting any usage fee already paid.
Article 16. Elimination of Antisocial Forces
1.
The TEX Report and users shall guarantee to the other party that:
(1)
The party is not a member of an organized crime group (boryokudan), a former member of an organized crime group for whom five years have not elapsed since leaving an organized group, an associate member of an organized crime group, a company related to an organized crime group, a corporate extortionist (sokaiya), and the like, a socially-branded racketeering organization (shakaiundoto-hyobo-goro), an organized crime-related specialist (tokushuchino-boryokushudan) and the like, or any other person or organization (collectively “Antisocial Forces”);
(2)
The party does not or will not have any;
a.
Relationship in which it is deemed to be wrongfully making use of Antisocial Forces, including making use of Antisocial Forces for the purpose of obtaining a wrongful benefit for the party itself or a third party or causing damage to a third party; or
b.
Relationship in which it is deemed to be involved with Antisocial Forces by providing funds or any other benefit, etc. for the purpose of helping Antisocial Forces maintain and operate Antisocial Forces;
(3)
Management of the party (meaning board members, executive officers, auditors, consultants, chairman or equivalents thereof who substantively hold a controlling interest of the party regardless of what it is called) is not or will not be a member of Antisocial Forces, or are not deemed to have socially reprehensible relationship with Antisocial Forces;
(4)
The party does not or will not allow Antisocial Forces to sign any contract under the name of the party; or
(5)
The party does not or will not conduct acts with regard to trading stipulated as below;
a.
Making demands using violent means;
b.
Making unreasonable demands beyond its legal liability;
c.
Using threatening words, behavior or violence with regard to trading;
d.
Damaging the credit or obstructing business of the other party, by spreading a rumor or using a fraudulent means or force; or
e.
Any other act equivalent to one of the preceding acts.
2.
When there is a violation stipulated as below, each party may terminate a contract without providing any notification to the other party whatsoever.
a.
When it is found a party expresses an intention contrary to 1-(1) or 1-(3) of the preceding paragraph;
b.
When it is found a party signs a contract contrary to 1-(4) of the preceding paragraph;
c.
When it is found a party commits an act contrary to 1-(5) of the preceding paragraph.
3.
Each party must compensate damages to the other party when a contract is terminated by the other party pursuant to the preceding paragraph.
4.
When a contract is terminated pursuant to the preceding paragraph, the party that is terminated the agreement by the other party shall not have the right to claim for any damages incurred for the termination of the agreement.
Article 17. Entire Agreement
The contract constitutes the exclusive and entire agreement between The TEX Report and users with respect to the licensing of The Service and supersedes all prior and contemporaneous documents, emails, etc. provided by The TEX Report and any oral agreement reached between the parties.
Article 18. Change to Agreement
When there is a request from a user, a contract may be amended only if in the case of written consent signed by representatives of The TEX Report and the user.
Article 19. Consultation
When a dispute arises from matters not stipulated in these Terms and Conditions or a discrepancy of interpretation of these Terms and Conditions occurs, the parties concerned shall endeavor to resolve the matters through consultation in good faith.
Article 20. Applicable Law
These Terms and Conditions shall be governed by the laws of Japan.
Article 21. Jurisdiction
With respect to any disputes between us and users that may arise from or in connection with these Terms and Conditions or the use of The Service, the Tokyo High Court or the Tokyo District Court shall be the exclusive court of the first instance.
October 1, 2022
The TEX Report, Ltd.
Web Services Terms and Conditions
These terms and conditions set forth the general terms and conditions for the use of the web services (hereinafter referred to as “The Service”) prescribed in Article 1, provided by The TEX Report, Ltd. (hereinafter referred to as “we” or “The Company” or “The TEX Report”). Please read the following terms and conditions carefully and agree to the following terms and conditions before using The Service. By signing up to The Service, you are agreeing to these terms and conditions.
Article 1. Definitions
Definitions of terms used in these terms and conditions are as follows:
(1)
“The Service” means online-based data service and payment service provided by The TEX Report;
(2)
“ID” means identification number issued to identify a user of The Service;
(3)
“Password” means a string of characters that authenticates the validity of a user of The Service; or
(4)
“Contents” means texts, audio, video, etc. provided in The Service.
Article 2. Changes to Terms and Conditions etc.
We reserve the right to change these terms and conditions etc. at any given time without prior notice to users. When using The Service after the changes take effect, users shall be deemed to have agreed to the amended terms and conditions.
Article 3. Application for The Service
An applicant shall apply for The Service through the procedures stipulated by us. A service contract shall be deemed to have been concluded when we accept the application.
Article 4. Changes to Registration Information
1.
When a user’s registration information submitted to us (i.e., address where The Service shall be provided to, email address, contact address, or phone number, etc.) is changed, the user shall file a notification of the change through the procedures stipulated by us without delay.
2.
Even if a user suffers any disadvantage before filing a notification prescribed in the preceding paragraph or due to failure to file a notification prescribed in the preceding paragraph, we shall not bear any responsibility for any disadvantage suffered by the user.
Article 5. Management of ID and Password etc.
Users shall bear responsibility for managing their ID and passwords for The Service. We shall not bear any responsibility for any damage or loss suffered by users resulting from the use of their ID and passwords by third parties.
Article 6. Scope of Use, Payment Method, and Subscription Fee
1.
Provision of The Service shall be deemed to have commenced after registration is completed and we confirm payment of a fee for The Service.
2.
Prices of The Service, restrictions on simultaneous use, and the scope of use are stipulated as below:
a.
An ID is issued to a user;
b.
The use of The Service shall be limited to the user itself, and persons who belong to the same team or the same department as the user;
c.
A single ID can be used on multiple devices, but it cannot be used simultaneously on multiple devices; or
d.
Subscription fee is charged for each service every 12 months. The fees are:
New customer: US$500 per 12 months; or
Subscriber of Daily Reports: US$600 per 12 months.
3.
When a price of The Service is changed, we shall give prior notice to users.
4.
Even where a user does not use The Service during a contract period, any fees already paid shall not be refunded.
5.
Communication charges, and any costs of terminal equipment, communication devices and other equipment for the use of The Service shall be borne by users.
6.
Users shall pay fees for The Service through bank transfer to a bank account designated by us. All bank charges shall be borne by users.
7.
Provided, however, that provisions concerning a contract period in this Terms and Conditions do not apply to products and services excepting subscription services.
Article 7. Automatic Renewal, and Cancellation
1.
In the case where we do not hear from a user prior to the expiration date of a contract, the user shall be deemed to have agreed to the renewal of the contract, and we shall charge the fee for the same period as the most recent contract, and issue an invoice for the charge.
2.
In the case where an invoice for renewal of The Service is not duly paid by the due date, a user shall be deemed to have no intention to renew The Service and the user’s account shall be suspended.
3.
In the case where a user cancels The Service, the user can process the cancellation by notifying us in a manner prescribed by us.
4.
In the case of cancellation before expiration for the convenience of a user, the refund shall be made on a monthly basis, not a pro-rata basis. We shall refund the amount obtained by deducting the fee for the period already passed and a one-month penalty from the total amount of the fee for The Service.
5.
All charges for remittance shall be borne by users.
6.
Users shall be liable for obligations, which users shall incur pursuant to these Terms and Conditions, even after the termination of the contract.
7.
Provided, however, that provisions concerning a contract period in this Terms and Conditions do not apply to products and services excepting subscription services.
Article 8. Handling of Personal Information
We shall handle user information in an appropriate manner pursuant to our Privacy Policy.
Article 9. Suspension of The Service
1.
We reserve the right to suspend the provision of The Service to users without prior notice if:
1.
it is necessary to conduct maintenance, management, or repair of the system of The Service; or
2.
it becomes difficult or impossible to provide The Service due to natural disasters, wars, or labor disputes, etc.
2.
In the case where the provision of The Service is suspended, we shall endeavor to restore The Service to an available state in a swift manner. However, we shall not give any refund for the suspended period unless the suspension is caused by our gross negligence.
Article 10. Advertising
1.
Advertisements may be displayed within the contents of The Service.
2.
We shall not guarantee credibility, safety, and legality of the contents and any information with respect to products, etc. within the advertisements.
3.
We shall not bear any responsibility for any damage suffered by users in accessing the advertisements.
Article 11. Intellectual Property Rights
Intellectual property rights with respect to texts, images, or other materials within The Service shall belong to The TEX Report or other appropriate rights holders.
Article 12. Disclaimer
1.
Users shall use or access The Service at their own risk.
2.
We shall not bear any responsibility for any damage suffered by users or third parties unless it arises from intentional misconduct or gross negligence by us.
3.
If a user has a dispute with another user or a third party, the user shall resolve the dispute at its own risk.
Article 13. Prohibition
1.
We shall prohibit users from engaging in acts stipulated below:
a.
Acts of using copyrights, trademarks, or other intellectual property rights without our permission;
b.
Acts that cause or are likely to cause loss or damage to us, other users, or third parties;
c.
Acts of editing, revising, selling or distributing images, data, programs, etc. provided within The Service;
d.
Acts that violate or are likely to violate laws, regulations, public order and morals;
e.
Acts of defamation or intimidation against us; or
f.
Any other acts that we deem inappropriate.
2.
We shall prohibit reproduction, disclosure, transmission, forwarding, distribution, transfer, lending, translation, licensing, selling of contents provided through The Service in part or in full.
3.
Users can quote and thereby exploit works provided by The TEX Report (including ones adapted or processed by The TEX Report, the same hereinafter) only in public occasions associated with business of the users such as in-house meetings, seminars, or presentations, etc. in accordance with Article 32 of the Copyright Act. In this case, users must clearly indicate “The TEX Report, Ltd.” in the same place of the quotation.
4.
When causing damage to us, other users, or third parties by prohibited acts stipulated in the Article, a user shall agree to be responsible for any compensation for the damage.
Article 14. Termination of The Service
1.
When a user violates these Terms and Conditions, we may terminate the provision of The Service to the user, suspend or terminate the account of the user, or take other necessary measures.
2.
When a user transfers its ID used in The Service to a third party or violates legitimate use of The Service, the user must compensate The TEX Report for damages incurred due to the infringement.
Article 15. Audit
1.
The TEX Report and a third party entrusted by us have the right to conduct an audit of the use of The Service by a user in order to confirm whether it observes the duty stipulated in these Terms and Conditions, and the user must cooperate with the audit.
2.
Costs incurred for the audit stipulated in the preceding paragraph shall be borne by The TEX Report, expect in the case that, as a result of the audit, it is found by The TEX Report that there is a fact of violation of a contract or the audit is caused by any reason attributable to the user.
3.
When it is found by The TEX Report that, as a result of the audit in the first paragraph of Article 15, there is a fact of violation of terms on the payment by the user, the user shall compensate damages equivalent to twice the amount of the usage fee that should have been paid to The TEX Report after deducting any usage fee already paid.
Article 16. Elimination of Antisocial Forces
1.
The TEX Report and users shall guarantee to the other party that:
(1)
The party is not a member of an organized crime group (boryokudan), a former member of an organized crime group for whom five years have not elapsed since leaving an organized group, an associate member of an organized crime group, a company related to an organized crime group, a corporate extortionist (sokaiya), and the like, a socially-branded racketeering organization (shakaiundoto-hyobo-goro), an organized crime-related specialist (tokushuchino-boryokushudan) and the like, or any other person or organization (collectively “Antisocial Forces”);
(2)
The party does not or will not have any;
a.
Relationship in which it is deemed to be wrongfully making use of Antisocial Forces, including making use of Antisocial Forces for the purpose of obtaining a wrongful benefit for the party itself or a third party or causing damage to a third party; or
b.
Relationship in which it is deemed to be involved with Antisocial Forces by providing funds or any other benefit, etc. for the purpose of helping Antisocial Forces maintain and operate Antisocial Forces;
(3)
Management of the party (meaning board members, executive officers, auditors, consultants, chairman or equivalents thereof who substantively hold a controlling interest of the party regardless of what it is called) is not or will not be a member of Antisocial Forces, or are not deemed to have socially reprehensible relationship with Antisocial Forces;
(4)
The party does not or will not allow Antisocial Forces to sign any contract under the name of the party; or
(5)
The party does not or will not conduct acts with regard to trading stipulated as below;
a.
Making demands using violent means;
b.
Making unreasonable demands beyond its legal liability;
c.
Using threatening words, behavior or violence with regard to trading;
d.
Damaging the credit or obstructing business of the other party, by spreading a rumor or using a fraudulent means or force; or
e.
Any other act equivalent to one of the preceding acts.
2.
When there is a violation stipulated as below, each party may terminate a contract without providing any notification to the other party whatsoever.
a.
When it is found a party expresses an intention contrary to 1-(1) or 1-(3) of the preceding paragraph;
b.
When it is found a party signs a contract contrary to 1-(4) of the preceding paragraph;
c.
When it is found a party commits an act contrary to 1-(5) of the preceding paragraph.
3.
Each party must compensate damages to the other party when a contract is terminated by the other party pursuant to the preceding paragraph.
4.
When a contract is terminated pursuant to the preceding paragraph, the party that is terminated the agreement by the other party shall not have the right to claim for any damages incurred for the termination of the agreement.
Article 17. Entire Agreement
The contract constitutes the exclusive and entire agreement between The TEX Report and users with respect to the licensing of The Service and supersedes all prior and contemporaneous documents, emails, etc. provided by The TEX Report and any oral agreement reached between the parties.
Article 18. Change to Agreement
When there is a request from a user, a contract may be amended only if in the case of written consent signed by representatives of The TEX Report and the user.
Article 19. Consultation
When a dispute arises from matters not stipulated in these Terms and Conditions or a discrepancy of interpretation of these Terms and Conditions occurs, the parties concerned shall endeavor to resolve the matters through consultation in good faith.
Article 20. Applicable Law
These Terms and Conditions shall be governed by the laws of Japan.
Article 21. Jurisdiction
With respect to any disputes between us and users that may arise from or in connection with these Terms and Conditions or the use of The Service, the Tokyo High Court or the Tokyo District Court shall be the exclusive court of the first instance.
October 1, 2022
The TEX Report, Ltd.