Subscription Service Terms of Use #
I. Purpose #
Subscription Service Terms of Use (hereinafter, “Agreement”) sets forth the rights and obligations between you and Nature, Inc. (hereinafter, “Nature”) with respect to the use of all products or services offered in subscription form by Nature (hereinafter, “Services”).
II. Application #
This Agreement applies to all customers who use the Services.
In the event of any conflict between the terms of this Agreement and the terms of any other service fee agreements, this Agreement shall prevail.
III. How to Use the Service #
In order to use the Service, you must register in the manner specified by Nature after reviewing and agreeing to the full text of this Agreement.
Notwithstanding the preceding paragraph, this Agreement constitutes the standard form contract set forth in Article 548-2 of the Civil Code, and the customer’s use of the Service shall be deemed as an agreement on individual terms of this Agreement.
You shall register accurate and up-to-date information when registering for use of the Services as described in Paragraph 1 of this Article and shall maintain such information accurate and up-to-date thereafter.
IV. Formation of Service Contract #
The contract for the use of the Service (hereinafter referred to as the “Service Contract”) shall be formed when Nature accepts your application for the use of the Services for individual product that is submitted after the registration for use of the Services as described in Paragraph 1 of the preceding.
Nature will notify you of its acceptance or rejection of your application within 5 business days from the date of the application. If Nature does not notify you within the said period, the application shall become invalid.
V. Term of Contract #
The term of Service Contract shall be the term each Customer selects from the Service Menu set forth by Nature.
Service Contract shall be automatically renewed on the expiration date of the term of Service Contract selected by each Customer as described in the preceding clause, unless the Service Menu otherwise specifies.
VI. Fees and Method of Payment #
Customer shall pay the fees for the Service as set forth in the Service Menu through the Apple App Store, Google Play Store, or other billing and payment platforms. Any fees related to the payment of Service fees shall be paid by the Customer.
The Service fees may change time to time. In the case such change shall occur, Nature will notify in advance Customer of the effective date of such change and make the information of such change available to Customer. The change of the Service fees for a Customer under an existing Service Contract shall become effective on the renewal date of such Service Contract that first arrives after the effective date of the change of Service fees.
If a Customer does not agree to the change in the Service fees, the Customer may cancel the Service Contract at any time until the change in Service fees becomes effective. If a Customer continues to use this Service even after the change in Service fees becomes effective, it shall be deemed that the Customer agrees to the changed Service fees.
Nature shall not refund any fees already paid by you, except as provided herein.
VII. Suspension of the Service #
Nature may take necessary measures such as suspending all or part of the Service (hereinafter referred to as “Suspension Measures”) when Nature deems it necessary. Nature shall not be liable for any damage incurred by you as a result of such Suspension Measures.
In the event of Suspension Measures taken effect, Nature will notify the customer of the date and time of the Suspension and the reason for the Suspension. However, this may not apply in case of emergency.
VIII. Cancellation and Change #
You may terminate your Service Contract or change or modify the terms of your Service Contract by completing the procedures specified by Nature by the deadline set forth by Nature in accordance with the Exhibit attached hereto. In such case, the fees already paid will not be refunded.
Notwithstanding the preceding paragraph, Nature may terminate your Service Contract by giving notice to the e-mail address provided in the application form at least one day prior to the date of termination of the Service. Nature shall not be liable for any loss or damages incurred by you as a result of such termination.
IX. Cancellation #
Nature may terminate Service Contract without notice to you if it determines that any of the following (1) through (5) applies to you.
(1) When you have not paid the Service fees by the payment due date specified in the Exhibit, and payment cannot be confirmed more than one month after the payment due date
(2) If you are found to be in violation of any provision of this Agreement or Nature Service Terms of Use
(3) You have infringed the copyright or other intellectual property rights of Nature or any third party
(4) If there is reasonable cause to believe that your assets status or credit standing has deteriorated or is likely to deteriorate
(5) If there are other reasons that make it difficult for the Company to continue your Service Contract
Nature shall not be liable for any loss or damages incurred by you as a result of cancellation under the preceding paragraph. In addition, if you have any debts owed to Nature, such debts shall be accelerated and become immediately due and payable.
X. Transfer of the Right to Use the Service #
You may not transfer your rights to use the Service to a third party as long as you are the payor of the Service, which shall apply even on condition that you oblige the third party to comply with this Agreement.
Notwithstanding the preceding paragraph, if you transfer your right to use the Service to a third party and such third party is found to be in breach of this Agreement, you shall be deemed to have committed such breach. However, this shall not apply if you are a sales agent, distributor or alike of Nature, or if Nature approves the transfer of the right to use the Service on a case-by-case basis.
If any third party specified in the preceding paragraph is liable to any other third party (including Nature) for any damages arising out of or in connection with the third party’s breach of this Agreement as set forth in the preceding paragraph, you shall jointly and severally indemnify Nature against any liability for damages incurred by the third party as set forth in the preceding paragraph. However, this shall not apply if you are a sales agent, distributor, or alike of Nature, or if Nature has individually approved the transfer of the right to use the Service on a case-by-case basis.
XI. Compensation for Damages #
If you violate any provision of this Agreement and cause Nature to incur damages (including attorney’s fees), you shall be liable to compensate Nature for such damages.
XII. Modification #
Nature may, in accordance with Article 548-4 of the Civil Code, change or modify the contents and conditions of the Service within the scope of the purpose of the Service, if Nature deems that there are reasonable grounds, such as changes in social conditions, economic circumstances, the tax system, or other various circumstances, amendments or modifications in laws and regulations, changes in actual circumstances regarding the Service, or any other reasonable grounds, in addition to the cases where serve the general interest of customers. The Company may change the contents and conditions of the Service and other terms and conditions within the scope of the purpose of the Service in accordance with the provisions of Article 548-4 of the Civil Code.
In the event that Nature changes or modifies this Agreement in accordance with the preceding paragraph, Nature shall make the revised Agreement known to public by displaying the updated Agreement on our website ( https://terms.nature.global/ja/ ) or by notifying you in a manner prescribed by Nature, and the revised Agreement shall apply from the date when a reasonable period of time has elapsed after such notification.
If you do not wish to continue using the Service after the Agreement has been revised in accordance with Paragraph 1 of this Article, you may request cancellation of the Agreement by sending us a request by our designated method or by e-mail until the date when the revised Agreement becomes effective as specified in the preceding paragraph.
XIII. Survival Clause #
Articles 6, 7.1, 8 through 11, this Article and Article 14 shall survive termination of this Agreement.
XIV. Others #
This Agreement shall be governed by and construed in accordance with the laws of Japan.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes related to this Agreement.
If any part of this Agreement is considered against the law or invalid and unenforceable for any reason, such part shall be deemed severable and shall not affect the validity and binding effect of any other part of this Agreement.