BAGGAGE FORWARD Membership Agreement
Chapter 1. General Provisions
The Company may, accordingly, establish separate terms (hereinafter referred to as “Separate Terms”) in addition to the Terms for each part of the Service.
Article 2: (Definition)
The “Users” indicates any party that has agreed to the Terms and/or Separate Terms, completed a user registration process and was approved by the Company. A “Third Party” indicates any individuals or corporate entity other than the Company.
Article 3: (Changes to the Terms and Separate Terms)
The Company may add, revise, delete etc., (hereinafter referred to as “Revision”) to the Terms and Separate Terms without getting approval from the Users.
Revision is effective from the time of posting of the Service on our Website.
Chapter 2. User Registration
Article 4: (User Registration)
Users wishing to become members to use the Service shall be required to go through membership registration method specified by the Company.
To apply for membership registration, users shall complete the required information on the registration form page specified and run by the Company, and submitted by the method specified by the Company.
Membership may not be approved if the Company deems it inappropriate.
By completing the member registration process on the Service on our Website, the Users who wish to use the Service shall be deemed as agreeing to obey all the Terms and the Separate Terms.
Article 5: (User Qualification)
Those who are currently or will be residing outside Japan in the near future but usually reside in Japan and residents of Japan are qualified as Users.
Users must have an accessible computer Email address. Registering with an email address for your phone is not acceptable.
One registration per person only; Users must not receive multiple User IDs.
Article 6: (User ID and Password Management)
Parts of the Service require Users to input their User ID and Password.
Users shall be responsible for managing and using their User ID and password.
The Company has no liability whatsoever for any problems resulting from the third party usage of their User ID and password.
Members may not allow any third party to use their User ID or password, sell, lend or leak their User ID or password information to a third party or engage in any form of equivalent fraudulent conduct.
Article 7: (Information of User’s Registration)
Any false information or misrepresentations that are provided at the time of User registration cannot be approved.
Using another person’s name, email address or equivalent to register is forbidden.
In the event of any changes to the details provided to the Company at their User registration, Users shall notify the Company immediately.
The Company shall handle and provide the Service to the Users by the information provided at registration in the time of the Service usage. The Company shall accept no liability whatsoever; in the event that was caused due to the details provided by the Users on their application found to be inaccurate.
Article 8: (Cancellation of User’s Registration)
Users are entitled to cancel their registrations by their will, anytime by following the procedure specified by the Company.
Article 9: (Termination of User’s Registration)
The Company may temporarily suspend or terminate any User’s registration with no prior notice if any of the following grounds are applicable. The Company accepts no liability whatsoever for any loss or damage incurred by Users as a result of the Company’s actions under this Article.
– If the Details provided by the Users on their registrations are found to be untrue.
– If the Company deems the User is impersonating a third party in order to use the Service or having multiple IDs.
– If unauthorized usage of the User’s ID or password or leaking those information to a third party are found.
– If the Company suffers any damage or loss due to User’s malicious conduct or any equivalent action.
– If the Users use the Service for illegal business against Japanese laws or regulations, for any other profit purposes.
– If the Users infringes property, honor, privacy, copyright and intellectual property.
– If the Users engage to slander or defame.
– If the Users violate anything in the Terms or Separate Terms.
– If the Users have a history of violating the Terms of the Company.
– If the Company deems the User is inappropriate for the Service.
Chapter 3. Contents of the Service
Article 10: (Contents of the Service)
Detailed contents of the Service shall be according to our Website. However, services related to shopping, etc. are provided by a Third Party and therefore the Company accepts no liability whatsoever for any issues relating to these.
By using the Service, the Users are deemed to have agreed to the Terms.
The Company shall not have the obligation to provide the Service to the Users.
The Company reserves the right to make Revision to the contents of the Service with no prior notice to Users at any time. By using the Service, the Users signify that they have read, understood and agreed to the updated Terms.
The Company reserves the right to suspend all or part of the Service with no prior notice to the Users at any time.
The Company shall accept no liability for any loss or damage sustained by the Users or a Third Party as a result of such Revision.
Article 11: (Service Charges)
Charges for using the Service are according to the list on our Website.
The Service price list on our Website may be revised by the Company with no prior notice at any time. The Revised price list is effective from the time of posting on our Website.
The most suitable specification of package, volume and how it is going to be packed in relation to Overseas Shipping Service (hereinafter referred to as “Shipping Service”) which the Company offers, will be decided and acted by the Company and the Users shall agree to these decisions and actions.
The Users shall be fully liable for shipping charges from the Company to the destination appointed by the Users.
The Users must decide, inform and instruct the Company if the Users want to apply liability insurance for losses or damages for shipping from the Company to overseas on the Users’ own full responsibility. The Company shall process the application of liability insurance for losses and damages only when informed by the Users to do so, before shipping overseas. The Users shall be liable for any insurance costs incurred in order to add liability insurance for losses or damages.
The Users shall be fully liable for all the expenses including payment for the items and domestic shipping costs from the seller to the Company in relation to use of the Shipping Service.
The Company shall accept no liability whatsoever for any problems such as: could not pass or confiscated at customs with using the Service to ship packages overseas.
Charges for using the Service include as follows:
(1) Overseas Shipping fee
(2) Shopping Service fee *applies when choosing an optional service, the personal shopper service.
(3) Successful Bid fee *applies when choosing an optional service, the auction shopping service.
(4) Liability Insurance for losses or damages coverage cost * applies when adding this insurance.
(5) Other optional service handling fees *applies when choosing other optional services.
The Users shall be responsible for paying the following expenses in full for Charges other than using the Service:
(1) All expenses that occurred in relation to customs clearance.
(2) All expenses listed below which occurred in the event of returning packages due to the recipient’s prolonged absence:
– All expenses related to return shipping
– Reshipping cost
– Liability insurance premium
– Handling fees for reshipping
– Settlement fees
(3) All expenses listed below which occurred due to a product’s failure to clear customs at the country of destination:
– All expenses related to return shipping
– Reshipping costs
– Liability insurance premium
– Handling fees for reshipping
– Settlement fees
(4) Settlement Fee *additional 5% of the total amount of Charges for using the Service when using Credit card or PayPal as payment method.
(5) Bank / Postal Transfer fee to transfer money for paying any charges and expense.
Article 12: (Liability Insurance for losses and damages during Overseas Shipping)
The Users must inform and instruct the Company, on the Users’ own full responsibility, whether or not the Users want to apply liability insurance for losses or damages for shipping overseas.
A claim for Liability for losses and damages that occurred during Overseas Shipping shall be made in accordance with Liability Insurance for losses and damages adopted and chosen by a Third Party. Therefore, the Company shall not be liable to compensate for losses and damages at all.
The Company shall process the application of Liability Insurance for losses and damages only when informed and instructed by the Users to do so, before shipping overseas.
The only Liability Insurance for losses and damages the Users can apply shall be chosen by a Third Party who shall decide the specific Liability Insurance for losses and damages for each shipping method.
The Users shall be liable for covering the full insurance cost when the Users wish to apply for Liability Insurance for losses and damages.
If the Users applied for Liability Insurance for losses and damages, and the losses or damages of package are confirmed, the Users shall be guaranteed to be compensated the Liability amount according to the Terms of Liability Insurance for losses and damages provided by a Third Party. In this event, the Company shall only do administrative procedures. The Company shall not be liable for guaranteeing the amount the Users will be compensated or paying the compensation on behalf of a Third Party.
If the Users did not apply for Liability Insurance for losses and damages, no compensation for losses and damages will be guaranteed under any circumstance, and the Company shall take no responsibility for anything in relation to liability for losses and damages.
The Liability Insurance for losses and damages for shipping methods listed below shall not be applicable regardless of request by the Users. Therefore, the Company accepts no liability whatsoever for any losses or damages of the package that occurred during shipping using any of the following shipping methods.
(1) SAL (Economy Air) – Small packets
(2) SAL (Economy Air) – Printed matter
(3) Normal Airmail – Small packets
(4) Normal Airmail – Printed matter
(5) Surface – Small packets
(6) Surface – Printed matter
Even if the Users applied for Liability Insurance for losses and damages, and the losses or damages of package are confirmed, the Users shall not be guaranteed for compensation for the Liability amount according to the Terms of Liability Insurance for losses and damages if a Third Party deems not applicable or qualified. The Company shall take no responsibility whatsoever for anything in this event.
Application of the Liability Insurance for losses and damages shall be made in accordance with the Terms for a specific Liability Insurance for losses and damages chosen by a Third Party which the Users applied for.
Any damages that occurred because of delayed arrival of the package are excluded from compensation.
Article 13: (Package Holding Period)
The Company’s Package Holding Period is 2 months at maximum from the date of item’s arrival (from stores to the Company) as the starting day.
The Company shall start the process of Overseas Shipping when the holding days exceeded the Package Holding Period.
After sending the estimate / invoice of the Overseas Shipping by email to the Users, and still being unable to confirm payment and unable to ship as a result, in these cases, if 20 days of holding period passes from the date of sending the estimate / invoice of the Overseas Shipping as a starting day, the Company shall decide to have relevant package disposed as follows.
(1) Package that is returnable to domestic address *will return package to domestic address by cash on delivery.
(2) Package that is not returnable to domestic address *will discard the package in any ways specified by the Company.
Article 14: (Changes / Suspension / Interruption of the Service)
If any of the following grounds are applicable, the Company reserves the right to Change, Suspend or Interrupt the Service without the Users’ agreement at any time.
(1) If equipment used for the provision of the Service needs to be changed, managed, done maintenance checks or in case of an emergency.
(2) If it is unfeasible to continue the Service due to unavoidable occurrences.
(3) If the Company deems it necessary to Change, Suspend or Interrupt the Service for any other reason.
The Company shall accept no liability whatsoever for any losses or damages occurred to the Users or anyone who wishes to be a user, as a result of Changes, Suspension or Interruptions of the Service.
Article 15: Termination of the Service
The Company reserves the right to terminate the Service according to circumstances.
In advance to Termination of the Service, the notification for the Users shall be posted on our Website or be sent by email by the Company Baggage Forward Com. However, this early notification shall not be applied in the case of emergency.
Chapter 4. User Responsibilities
Article 16: (User Responsibilities)
The Users shall agree to the Company not accepting any responsibility whatsoever for everything that is provided by the Service, advertiser on the Service’s Website or a Third Party. Therefore, the Users shall be regarded as using the Service with users’ full responsibility.
The Users shall be liable for customs charges incurred in event of shipping to an applicable country or a region.
The Users shall agree to the Company not accepting any responsibility whatsoever for anything in events of packages causing the Users to receive a penalty or packages being seized due to an inaccurate description of the product, price stated unreasonably low or the product prohibited or restricted to import or export. Therefore, the Users shall be regarded as using the Service with users’ full responsibility.
The Users shall confirm that the Users are following the law or regulation of applicable countries or regions before using the Service with users’ full responsibility.
Also, the Company shall accept no liability for any losses or damages of the package that occurred in a destination country or a region.
Article 17: (Prohibited Conduct)
The Users shall not engage in any of the following conduct in relation to their usage of the Service.
(1) Leaking or lending their User ID or password to other users or any third party.
(2) Impersonating other users in order to use the Service.
(3) Infringing upon copyrights, portrait rights or any other intellectual property rights belonging to the Company, other users or a Third Party.
(4) Invading the privacy or infringing property of the Company, other users or a Third Party.
(5) Slandering, libeling or defaming the Company, other users or a Third Party.
(6) Causing disadvantage to the Company, other users or a Third Party.
(7) Engaging in conduct linked to criminal activities.
(8) Causing offense to public order and morals.
(9) Breaking the law or regulations
(10) Duplicating, selling, publishing the information received from using the Service, or any other way that exceeds the scope of private use.
(11) Engaging in conduct doing business activities or information provision for profit by using the Service.
(12) Engaging in conduct interfering with the running of the Service, damaging the Company’s trust or a likely act.
(13) Performing solicitation without permission to an unspecified large number of the Users of the Company who use bulletin board or are subscribers.
(14) Engaging in any other form of conduct deemed inappropriate to do as the Users by the Company.
Article 18: (Liability for Facility Equipment)
Article 18: (Liability for Facility Equipment)
Chapter 5. Personal Information
Article 19: Handling of User’s Registered Personal Information
The Company shall not use the Registered Information for purposes other than the provision of the Service or our Website and shall not disclose or provide the Registered Information to a Third Party. However, the Users are considered to agree in advance to the Company using and providing the Registered Information in any of the following circumstances.
(1) Providing the information to a Third Party or business tie-up partners authorized by the Company for the purpose of outsourcing the Service’s operation on condition that contracts such as a confidentiality agreement of Registered Information shall be exchanged between the Company and a Third Party or business tie-up partners.
(2) Sending emails or mails to the Users from the Company, business tie-up partners (company or group), advertisers or member sites for the purpose of advertising, providing services or offering any other promotions.
(3) Using the information that the Company collects, analyzes and processes based on data and attribute from Registration Information, so it is no longer individually identifiable, or providing the information to the owner of the partner site or a Third Party authorized by the Company for the purpose of conducting marketing, developing new services or to enhance its service.
(4) Providing or using the Registered Information in order to join or to provide services running by the Company and business tie-up partners after obtaining the approval of the Users.
(5) Using or providing the Registered Information if the Users have given their consent by choice.
(6) Disclosing based on a warrant issued by a court, a request for investigation or based on an order issued by related authorities.
The Company shall accept no responsibility whatsoever for communications, contracts, negotiations or any other relation between the Users and information provider other than the Company. And by using the Service, the Users are deemed to agree with this.
Chapter 6. Other Matters
Article 20: (Disclaimer)
While the Company pays careful attention to the information posted on our Website, it undertakes no guarantee of the completeness, accuracy, usefulness or security of website content.
The Company shall accept no responsibility for any result of any judgment made or any action undertaken by the Users or anyone who wish to be a user based on the posted information from our Website, and the Company shall also not be liable to pay compensation for relevant damage.
In relation to the Service or our Website, the Company shall accept no liability to compensate for any losses or damages incurred due to the User or anyone wishing to be a user using services provided by a Third Party. And by using the Service, the Users are deemed to agree with this.
The Company shall accept no liability whatsoever for anything to do with websites operated by a Third Party even in the case of our Website linking a Third Party’s website, or that our Website is linked by a Third Party’s website.
The Company may release advertisements, information, products and other services (hereinafter referred to as the “Advertising”) offered by a Third Party on our Website. Providers of the Advertising shall list such Advertising at their own responsibility and so the Company shall not guarantee, and accept no liability whatsoever regarding its accuracy, legality or any other matter concerning the information.
The Users shall be responsible for the product itself that is purchased from mail order, etc., and the Users shall be the one to contact to its distributors and shipping companies for communication regarding domestic or overseas transportation services for its product and therefore the Company accepts no liability whatsoever for contents of the purchased products.
Article 21: (Liability of Compensation for Losses and Damages)
The Users shall compensate for the losses and damages if the Company suffered losses or damages by violating the Terms as well as Separate Terms, or any other conduct made by the Users wish that violates laws or regulations.
The Users shall resolve the matter if the losses or damages were given to a Third Party in relation to the Users using the Service or our Website of the Service. Also, if the Company suffered the losses or damages as a result of this matter, the Users shall be liable to compensate for these losses and damages.
Article 22: (Copyright)
All the contents of the Service or on our Website including text, graphic, logo, button icon, image, data compilations, software and emails etc., are the property of the Company or its content suppliers and shall be protected by Japanese copyright law as well as international laws relating to copyright. These contents protected by copyright law or other copyright, shall not be used without permission from the Company and content suppliers.
Ownership rights for provided information to the Service or on our Website by the Users such as comments, inquiries, posting, images, contents, files, software, or other production and materials belong to the Company or anyone who is authorized by the Company and they shall be free to use for any purpose whatsoever free of charge, both domestically and internationally. However, in relation to the User’s Registered Information shall be in accordance with the Article 17.
At the time of provision of the information from the Users to the Company or to our Website of the Company, the Users shall be deemed as agreeing to the preceding paragraph. The Users shall not exercise the moral rights of author to the Company or anyone who is authorized by the Company regarding the usage of the information.
The Company shall not be obligated to use the information provided by the Users.
Article 23: (Governing Law)
The Terms, Separate Terms and everything else are governed and applied by the laws of Japan.
Article 24: (Agreed Jurisdiction)
If any lawsuit becomes necessary between the Users and the Company, it shall be under the exclusive jurisdiction of the district court or the summary court having jurisdiction over the location of the Company.
Article 25: (Contact)
Any inquiries about the Service should be directed to:
Article 26: (Usage from Outside Japan)
If the Users are using the Service outside Japan, the Users shall confirm that the Users are following the law or regulation of applicable country or region before using the Service with users’ full responsibility.
Also, the Company shall accept no liability for any loss or damage of the package that occurred in a destination country or a region.
Effective Date: October 10, 2005
Last Updated Date: January 5, 2009