Terms & Conditions of the inforScoop for Google Apps Service

UNIRITA Inc. (hereinafter referred to as “UNIRITA”) shall provide the service of the infoScoop for the Google Apps to the User in accordance with this Terms & Conditions of the infoScoop for Google Apps.

Article 1 Definition

In this T’s&C’s, the following words and terms shall have the following meanings, unless context requires otherwise.

1. “Service”

means the service of the infoScoop for Google Apps executed by the online settlement or the application form which UNIRITA, as an application service provider, shall furnish the User in accordance with this T’s&C’s of the infoScoop for Google Apps Service.

2. “User”

means a person and/or persons may use the Service in accordance with this T’s&C’s.

3. “Agreement”

means the infoScoop for Google Apps agreement which are executed by the online settlement or agreed by the User and UNIRITA in exchanging an offer and an acceptance for the agreement in accordance with this T’s& C’s.

4. “Starting Date”

means the execution date of the online settlement or Starting Date described in the Application Form.

Article 2 Grant of License and Support

  • 1. UNIRITA shall grant the license the User to use the Service solely for conducting the User’s internal business.
  • 2. The license shall be a non-transferable and non-exclusive license and be limited to within sole and unique domain registered in the Google Apps. UNIRITA shall have all rights of the license, in any manner except as expressly permitted by this T’s&C’s.
  • 3. The license shall be effective until and on the termination of the term of the Service.
  • 4. Any and all kinds of supports of the Service shall be provided and subject to the Support Policy in UNIRITA Website (http://www.infoscoop4g.com/support_policy.en.html).
  • 5. Any and all kinds of the service level of the Service shall be subject to the infoScoop for Google Apps SLA (Service Level Agreement) in UNIRITA Website (http://www.infoscoop4g.com/sla_policy.en.html).
  • 6. The fee of the online settlement shall be subject to the infoScoop Billing Policy in UNIRITA Website (http://www.infoscoop4g.com/billing_policy.en.html).

Article 3 Starting Date and Term

  • 1. The User shall have the right to use the Service from Starting Date.
  • 2. The User who applies for the Service by the online settlement shall have the right to use the Service until and on the termination of the Service when the User may remove the Service out of the Google Apps Dashboard in “manage this domain”, provided, however, that the minimum term of the Service is one (1) month.
  • 3. The User who applies for the Service by the Application Form shall have the right to use the Service during the term described in the Application Form (the minimum term of Service is one (1) year), provided, however, that the Agreement shall be renewed one (1) year automatically unless the User expresses the intent of the termination of the Service by the written notice (including Email) within thirty (30) days prior to the expiration date.
  • 4. In the event that the User who applies for the Service by the Application Form intends to terminate the Agreement of Service, the User shall notify UNIRITA of it by the written notice (including Email) within thirty (30) days prior to the expiration date of the Agreement.

Article 4 Warranty and Credit Service

Article 5 User’s business data

The User shall be totally liable to keep the accuracy, quality, validity, legality, creditability, appropriateness and copyright of User’s business data. UNIRITA shall have no obligation to the deletion, modification, destruction, illegal access, loss or failure of storing of the business data by the User.

Article 6 Intellectual Property

  • 1. If a claim is made against the User that the Service thereof infringes any patent or copyright, UNIRITA shall indemnify the User for reasonable expenses incurred in investigation, preparation for, defense against or settlement of such claim, provided that User shall, within five (5) days of such claim, notify UNIRITA thereof, give UNIRITA sole authority over, and provide UNIRITA with complete co-operation for, such investigation, preparation, defense, and settlement, and shall not without UNIRITA’s prior written consent make any settlement or compromise therefore.
  • 2. When any infringement of a patent or copyright is admitted or determined to exist in relation to the Service, or upon being notified of any such infringement claim arising, UNIRITA may take measures, at its option, to substitute any service substantially equivalent to the Service, or refund to the User the fee of the Service paid by the User for the Service. Upon such measures taken, UNIRITA shall have no further obligation or liability to the User in respect of the User’s use of the Service.

Article 7 Confidentially

  • 1. The User shall, during the term of the Agreement and following the termination or the expiration of the Agreement, maintain in confidence any information or know-how relating to any service obtained through use of the Service (collectively, the “Confidential Information”)(excluding Public Domain Information), and the User shall not disclose to any third party or allow any third party to use the Confidential Information without the prior written consent of UNIRITA.
  • 2. The User shall not, except in cases expressly authorized under the Agreement, in any manner access, run, use, alter, connect, disclose, sell, copy, reproduce, reverse-assemble, de-compile or otherwise reverse-engineer, leak and/or transmit any Confidential Information, or allow any third party to do so.

Article 8 Modification of the Service Contents and T’s & C’s

  • 1. UNIRITA may change this T’s & C’s, and the price and other terms and conditions in this T’s & C’s is subject to the changed T’s & C’s.
  • 2. UNIRITA may change and abolish parts of contents of the Service. In this case, contents of the Service shall be the changed contents.
  • 3. In the event that UNIRITA changes contents of the Service, UNIRITA shall notify the User in any manner by written notice.

Article 9 Cease of the Service

  • 1. UNIRITA may discontinue the Service, in sole discretion, in the following cases;

    • ・ The User shall fail to pay the fee of the Service;
    • ・ The User shall make a breach against the Agreement and/or this T’s & C’s, and the User shall not meet UNIRITA’s requirements to correct it within the term of correction requirement by UNIRITA;
    • ・ The use of the Service by the User has any infringement against confidentiality provisions as described in Article 7 or the User shall not meet UNIRITA’s requirements to correct it within the term of correction requirement by UNIRITA;
    • ・ A third party gives any claim or requirement in terms of the use of the Service and UNIRITA admits the necessity to cease the Service; and,
    • ・ UNIRITA judges the continuous running of the Service is inadequate by other reasons.
  • 2. UNIRITA shall notify the User of the reason and the duration of the suspension of the Service if UNIRITA ceases the Service, provided, however, including without limitation any urgent situations.

Article 10 Indemnity

  • 1. UNIRITA does not warrant that the use of the Service will meet the User’s specific requirements or that the operation of the Service will be uninterrupted or error free.
  • 2. UNIRITA shall not be liable to any result of the violation against the Agreement and/or this T’s & C’s.
  • 3. UNIRITA shall not be liable to any dispute which had occurred between the User and any third party in terms of the use of the Service.
  • 4. EXCEPT ANY DESCRIPTION OF T’S & C’S, UNIRITA DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY AND RESPRSENTATIONS IN RESPECT OF THE SERVICE PROVIDED BASE ON THE AGREEMENT, WETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY SPECIAL PURPOSE, RIGHTS, ABSENCE OF THIRD PARTY’S, ERROR FREE AND UNINTERRUPTED RUNNING.
  • 5. UNIRITA shall not be liable to data of the User after the termination of the Agreement.

Article 11 Termination by UNIRITA

UNIRITA may immediately terminate the Agreement by giving notice to the User in writing (including Email), if the User fails to comply with the provisions of this T’s & C’s or to pay the fee of the Service.

Article 12 Force Majeure

Neither Party shall be liable for failure to perform under this Agreement in the event that performance is rendered impossible due to force majeure, including but not limited to, acts of God, war, threat of war, warlike conditions, hostilities, mobilization for war, blockade, embargo, detention, revolution, riot, port congestion, looting, strike, lockout, plague or other epidemic, destruction or damage of goods or premises, fire, typhoon, earthquake, flood or accident, or due to acts of governmental or quasi-governmental authorities or any political subdivision or department or agency thereof, or due to any labor, material, transportation or utility shortage or curtailment, or due to any labor trouble at the place of business of either Party or their suppliers, or due to any other cause beyond the control of either Party.

Article 13 Governing law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Japan. And the Tokyo District Court shall have exclusive jurisdiction for the first instance over all lawsuits arising in relation to this Agreement.

Article 14 Cooperation

Any doubts concerning the Agreement shall be resolved by mutual consultation between the Parties in good faith and in accordance with the principle of trust.


EOD


Releted Documents: