Master Mind Membership Agreement - MASTERMIND TOKYO

Master Mind Membership Agreement

Baycrew’s Co., Ltd. (hereinafter referred to as "the Company") shall set forth the terms of use (hereinafter referred to as "these Terms and Conditions") of the services to be provided through the operation and administration of the online shopping site "MASTERMIND TOKYO" operated by the Company (hereinafter referred to as "the Services") as follows: Please be sure to read these Terms and Conditions before registering this Service as it is subject to your acceptance of all the provisions of these Terms and Conditions.

Article 1 Scope and Changes of this Agreement

These Terms and Conditions shall apply to the use of the Service between the Member (as defined in Article 2) and us and shall be complied with after registration procedures and registration.
These Terms and Conditions may be added or changed without the prior approval of the Member by giving notice to the Member through posting on the website, e-mail, or other means that we deem appropriate.
In the event the procedures for withdrawal from membership registration are not taken after such notice, the member shall be deemed to have agreed to such amendment. In the event this Agreement is amended, the Member shall comply only with the revised Agreement.


Article 2 Membership registration

"Member" means an individual who has approved all the contents of this Agreement and has applied for membership registration in accordance with our prescribed procedures and who has approved the same by us.
The membership registration procedure shall be carried out by the person who wishes to register as a member in accordance with the method designated by us from the membership registration page of the Services. No substitute registration is permitted.
In the event that a person who has applied for membership registration falls under any of the following items, we may refuse registration or cancel registration once made without prior notice. In addition, we shall not disclose the reason for refusing membership registration.
  • In the event it is found that the member has been subject to a disposition such as cancellation of membership registration due to violation of the terms and conditions relating to any services that we provide.
  • Cases where an application for membership registration contains false matters
  • In the event of a delay in the performance of obligations to pay fees for goods or services (hereinafter referred to as "goods, etc.") or any other default
  • In the event of an act as set forth in Article 6 (Prohibited Matters) hereof
  • In the event of any other violation of this Agreement


Article 3 Modify an entry

In the event of any change in all or part of the contents of the registration information, the Member shall immediately change the contents of the registration by a method separately designated by us.
In the event such change is neglected, the processing based on the information already registered shall be appropriate and effective.
In addition, we shall not be liable for any damages caused by the absence of registration of change.


Article 4 Managing User IDs and Passwords

A member shall be responsible for the use and management of the user ID and password established and approved and registered by the member himself/herself at the time of membership registration, etc. In the event that a member loses a user ID or password, our group shall not be responsible for such loss.
The member shall not transfer, inherit, change the name, lend, disclose or divulge the user ID and password to a third party.
We shall not be liable for any damage caused by the use or management of the user ID and password of a member or the credit card number or by unauthorized use by a third party.


Article 5 Withdrawal of members

In the event a member wishes to withdraw from the membership, the member himself/herself shall delete the membership information by taking the prescribed procedures for withdrawal from the membership. In the event any obligation owed by the member to us exists upon withdrawal from the membership, the member shall necessarily lose the benefit of term with respect to all such obligations and shall immediately repay all obligations to us.


Article 6 Prohibited Matters

When using the Services, the Member shall not engage in any of the following acts:
  • Acts in violation of the Code and laws and regulations, acts linked to crimes, acts contrary to public order and morality, or acts that may occur
  • The act of entering false contents or information from a third party at the time of membership registration or change of registration contents.
  • Any act that may interfere with the operation of the Services or otherwise interfere with the Services
  • Lending, assigning, transferring or assuming the qualification, status or rights or obligations of a member to a third party All actions for maintenance and other disposal
  • Failure to perform its obligations to us (not limited to failure to perform its obligations in connection with this Agreement)
  • Acts that infringe or threaten to infringe upon the intellectual property or other rights of other members and third parties or us, such as our property, privacy, copyrights, etc.
  • Acts that defame or threaten to defame other members and third parties or us
  • Acts that cause or threaten to cause inconvenience, disadvantage or damage to other members and third parties or us
  • Unauthorized use of user IDs and passwords
  • Commercial purchases, such as resellers of peers
  • Any and all acts aimed at offering benefits to anti-social forces, etc. and any and all acts that directly or indirectly induce or facilitate such acts.
  • Any other act which we deem inappropriate as a member.

Article 7 COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

All copyright, trademark and other intellectual property rights in and to any content (text, illustrations, designs, photographs, images, logos, icons, images, programs, etc.) (hereinafter referred to as the "Content") provided through the Services shall belong to us or any third party with legitimate rights, and neither the Member nor the User shall act in violation of these rights.
The use (reproduction, modification, diversion, transfer, distribution, posting, sale, publication, etc.) of all or any part of the contents or other contents of this Service for any purpose without permission is strictly prohibited.
In the event a problem arises with a third party in violation of the provisions of this article, the member shall settle such problem at his/her own responsibility and expense and shall not cause any damage, loss or disadvantage to us.


Article 8 Purchase of Products

  1. A member may purchase products, etc. from us using this service. When purchasing the Products, the Member shall apply for the purchase in accordance with the method designated by us.
  2. Upon sending an e-mail from us to the member confirming the details of the application for purchase of the goods set forth in the preceding paragraph, the member shall accept the application for purchase of said product, and a sales contract shall be concluded between us and the member with respect to said goods, and the member shall be liable to us for payment of the price of said goods.
  3. Notwithstanding the provisions of the preceding paragraph, in the event a member is found to have committed a wrongful act or an inappropriate act with regard to the use of the Services, or there are circumstances strongly suspecting such misconduct, even after the sales contract for such Goods has been concluded, we shall be entitled to rescind, cancel, or take other appropriate measures with regard to such sales contract at our discretion. In addition, the same shall apply in the event it is found that there was an obvious error in the price of the goods, etc. presented by us in the Services or in any other terms and conditions of sale.
  4. An application for the purchase of the Products shall be made by the Member himself/herself. Even in the event a third party purchases goods, etc. on behalf of the principal or by lending the name of the member, the member shall bear all the rights and obligations arising from the purchase of the goods, etc.


Article 9 Settlement method

All shipping charges related to the delivery of the Products, etc. shall be borne by the Member.
The payment amount for the Products, etc. shall be the total of the product price, including consumption tax, shipping charge, handling charge for the Products, etc., and consumption tax related to these fees.
Payment of the products purchased by the Service shall be made by credit card under the name of the Member.
Payment by credit card shall be subject to the terms and conditions separately agreed upon by the member with the credit card company. In addition, in the event of any dispute between a member and a third party such as the relevant credit card company, both parties shall settle such dispute, and we shall not be responsible for such dispute.


Article 10 Cancellation of Purchase of Goods

1 In the event of any of the following after the conclusion of the sales contract for product with a member, we shall be entitled to cancel or cancel the sales contract for such product:
  1. Shortage of goods before shipment
  2. In the event a defect, etc. is found in the goods prior to shipment
  3. Cases where, in cases where a product has been reserved, grounds have arisen for being unable to manufacture or sell the Goods for which such reservation has been made
  4. In the event the payment for the goods is not settled for any reason whatsoever
  5. In the event the goods cannot be delivered to the user within the prescribed period of us due to unknown address, long absence or for any other reason.
  6. In the event of any of the items of Article 2 or the items of Article 6
2 Even in the event of the preceding paragraph, the member shall not be relieved of any obligation payable under the sales contract of product or any other obligation under this Agreement.


Article 11 Return and exchange of products

In accordance with the Shopping Guideline ≫, we will accept only when you contact the ≪ Return/Replacement Contact ≫.
No return or replacement of defective products or incorrect deliveries for any reason not attributable to us shall be accepted for the convenience of the member (such as incorrect size or image). The Member shall return the Goods in accordance with the procedures set forth below by us.
We shall bear the shipping charges for return or replacement only for reasons attributable to us, such as defective products or incorrect deliveries.
The member who wishes to exchange the goods shall be dispatched upon the arrival of the goods to us and the preparation of the relevant goods.
In the event replacement is impossible due to out-of-stock, etc., a refund shall be provided. The refund method shall be in accordance with the provisions of the following article.


Article 12 Method of Refund

In the event the payment method is credit card settlement, the payment shall be refunded from the credit card company in principle.


Article 13 Exemption from Liability for Goods, etc.

  1. Unless otherwise expressly stated, the warranty with respect to the goods sold or purchased in the Services shall be governed by the contents of the attached product warranty card.
  2. The product images listed on the page are as accurate as possible, but the color, size, and other factors may differ slightly from those of the actual product depending on the screen settings and photographic techniques.
    We shall not assume any warranty or liability other than as set forth in Paragraph 1 of this article with respect to the quality, performance, compatibility with other products, or other defects of the goods sold or purchased in the Services, or damage, loss, or disadvantage caused thereby.
  3. We shall not be responsible for any trouble caused by unknown delivery destinations, etc., arising after delivering the goods to the delivery company to which we contract and requesting the shipment of the goods to the delivery destination registered by the member.


Article 14 Information management

  1. We shall handle the personal information obtained from the Member in accordance with the following privacy policy separately set forth, and the Member shall agree thereto.
  2. In principle, in the course of membership registration procedures and subsequent registration of changes in membership information, we shall not disclose or provide the disclosed membership information to any third party without the prior consent of the member. Provided, however, that in the following cases, the Company shall be entitled to disclose and provide such member information without the prior consent of the member.
    • When the member is processed in a state in which the member cannot be identified as statistical data
    • When member information is required to be disclosed or provided in accordance with laws and regulations
  3. We shall be entitled to delete or change the posting place of any comments or other information sent by the Member upon acceptance of the use by us if we deem it necessary for such reason as the information obviously defames or defames another Member, a third party or our reputation, or is found to be in violation of laws and regulations, without refusing to notify the Member.
  4. In addition to the preceding three clauses, we shall handle the membership information obtained in accordance with the privacy policy separately stipulated.


Article 15 Use of services

When using the Service, you shall agree to this Agreement and the privacy policy separately stipulated by us in advance.
In the event a member comes under any of the following items, the membership registration may be cancelled without prior notice and the use of the Services may be suspended.
  • In the event a member violates this Agreement
  • In the event it is found that the member's ability to pay is compromised
  • Cases where the product is out of stock and cannot be delivered easily
  • When the product cannot be delivered due to an unknown or long-term absence
  • In the event of any misconduct or improper conduct in connection with the use of the Services
  • In the event it is found that there has been an obvious error in the price of the Goods, etc. presented in the Service or in any other sales conditions.


Article 16 Change or abolition of services

In the event of any of the following, we may suspend, change or discontinue the Services without prior notice.
  • When emergency maintenance is required due to problems with the computer system for providing the Services (hereinafter referred to as the "System")
  • Cases where the system has become difficult to operate due to fire, power failure, natural disaster, or other force majeure.
  • Cases where the system has become difficult to operate due to human-induced disasters (war, riot, disturbance, labor dispute, etc.).
  • Cases where the system has become difficult to operate due to interference by a third party, etc.
  • In the event the Company determines that a system shutdown is necessary for unavoidable reasons


Article 17 Other Disclaimers

We shall be exempted from any damages incurred by the Member as a result of the administration of affairs in accordance with the registration contents of the Member.
We shall not be liable for any damage caused to the Member due to the interruption, delay, or discontinuation of the system or the falsification of the web page due to the failure of the communication line or computer in spite of the considerable safety measures taken by us.
We do not guarantee that mail content sent from our webpage server domains, etc. does not contain computer viruses or other harmful objects.
We may provide our members with information and advice from time to time, but we shall not be responsible for it.
We shall not be liable for any damages caused by the member's violation of this Agreement.
In the event that a member causes damage, etc. to other members or third parties as a result of using the Services, such member shall settle such damage, etc. at his/her own responsibility and expense, and shall not cause any damage, etc. to us.


Article 18 Assignment of Status

In the event that the business pertaining to the Services is transferred (including, but not limited to, the transfer of ordinary business assignment, company split, etc., and other business), the Company may transfer to the assignee of the business assignment all the information concerning the membership status, rights and obligations under this Agreement, registration matters of the member, and other membership in accordance with this Agreement in connection with the business assignment, and the Member shall agree in advance to such transfer.

Article 19 Governing Law and Jurisdiction

This Agreement shall be construed and interpreted in accordance with the laws of Japan, and in the event of the necessity of litigation concerning this Agreement, the Tokyo District Court shall be the exclusive jurisdictional court of first instance.


Established March 22, 2022
Effective April 1, 2022

Baycrew’s Co., Ltd.
23-21, Shibuya 1-chome, Shibuya-ku, Tokyo 150-0002
Hiroshi Kubota, Representative Director

© BAYCREW'S CO.,LTD. All rights reserved.