These Terms of Use (hereinafter referred to as "these Terms") set out the terms of use for the online shopping service "POTO" (hereinafter referred to as "the Service") provided on this website by HIRO COMPANY, LTD. (hereinafter referred to as "our company"). All users of the Service (hereinafter referred to as "Users") must use the Service in accordance with these Terms.


Article 1 Application <br/>These Terms and Conditions shall apply to all relationships between the User and the Company regarding the use of this Service.

In addition to these Terms and Conditions, the Company may make various other provisions regarding the Service, such as rules for use (hereinafter referred to as "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute part of these Terms and Conditions.

If the provisions of these Terms and Conditions conflict with the provisions of the individual provisions in the preceding paragraph, the provisions of the individual provisions shall take precedence unless otherwise specified in the individual provisions.


Article 2 User Registration <br/>Registration for this service will be completed when the person wishing to register agrees to these terms and conditions, applies for user registration in the manner specified by our company, and our company notifies the person wishing to register of its approval.

If the Company determines that the applicant for user registration has any of the following reasons, the Company may not approve the application for user registration, and shall not be obligated to disclose the reasons therefor.

・If false information is submitted when applying for user registration. ・If the application is from a person who has previously violated these Terms and Conditions. ・If the information is not set or entered by a legal representative or the prior consent of a legal representative has not been obtained for minors, adult wards, persons under curatorship, or persons under assistance. ・If the Company otherwise determines that user registration is inappropriate.


Article 3 Management of User ID and Password <br/>Users shall manage their user ID and password for this Service at their own responsibility.

Under no circumstances may a user transfer or lend their user ID or password to a third party, or share it with a third party. If a user logs in using a user ID and password combination that matches the registered information, the Company will consider that the user ID is being used by the user who registered it.

We shall not be liable for any damages arising from the use of your user ID and password by a third party, except in cases where we are guilty of willful misconduct or gross negligence.


Article 4 Sales Contract <br/>For this service, a sales contract will be established when a user makes a purchase application to our company and our company sends an email notifying the user that the product has been shipped.

If the User falls under any of the following circumstances, the Company may cancel the sales contract set forth in the preceding paragraph without prior notice to the User.

・When the user violates these terms and conditions; ・When delivery of the product cannot be completed due to an unknown delivery address or a long absence; ・When it is deemed that the relationship of trust between our company and the user has been damaged.

Payment methods, delivery methods, purchase cancellation methods, and return methods for the Service will be determined separately by the Company.


Article 5 Transfer of Ownership and Risk of Loss <br/> Ownership and risk of loss of the Products will be transferred from us to the User when we hand over the Products to the delivery company.


Article 6 Liability for Non-Conformity with the Contract (Returns and Exchanges)
1. If the purchased product is damaged, soiled, or has any other discrepancy with the order, or if it does not conform to the terms of the contract (hereinafter referred to as "Non-Conformity"), the User shall notify the Company within eight days of receiving the product by the method specified by the Company.

2. If we receive a notice as described in the preceding paragraph, we will, at our discretion, exchange or refund the product. However, if an exchange is not possible due to the product being discontinued, a shortage of quantity, or other reasons, we will provide a refund.

3. If any of the following applies, the Company shall not be liable for non-conformity with the contract as set forth in this Article.
(1) If, after delivery of the product, non-conformity with the contract occurs due to reasons attributable to the user.
(2) If the notice from the user is made after eight days have passed since the product arrived.
(3) If the User fails to follow the return or exchange procedures set forth in the Service.

4. Except for the liability for non-conformity of the contract as set out in this article, no return or exchange of goods will be accepted.


Article 7 Intellectual Property Rights <br/>Copyrights or other intellectual property rights of product photos and other content (hereinafter referred to as "Content") provided by this Service belong to the legitimate rights holders, such as our company and content providers, and users may not copy, reproduce, modify or otherwise use these without permission.


Article 8 Management of Communication Equipment <br/>Users shall prepare, at their own expense and responsibility, all equipment, communication means, transportation and other necessary environment to receive the Service. Furthermore, all communication costs required to use the Service shall be borne by the User. Users are responsible for managing their User Information and communication equipment. Users shall be liable for any damages caused by inadequate management of User Information and communication equipment, errors in use, or use by a third party, and the Company shall not be liable in any way unless there is intent or negligence on the part of the Company. If there is a risk that User Information or communication equipment may be used by a third party, Users shall immediately notify the Company and follow any instructions given by the Company.


Article 9: Prohibited Acts <br/>Users shall not engage in the following acts when using this service.

・Acts that violate laws and regulations or public order and morals ・Acts related to criminal activities ・Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in this service ・Acts that destroy or interfere with the functioning of our servers or network ・Acts that commercially use information obtained through this service ・Acts that may interfere with the operation of our service ・Acts of unauthorized access or attempts to do so ・Acts of collecting or accumulating personal information about other users ・Acts of impersonating another user ・Acts that directly or indirectly provide benefits to anti-social forces in relation to our service ・Acts that damage the credibility of this service or acts that may do so ・Other acts that our company deems inappropriate


Article 10 Suspension of provision of this service, etc. <br/>If we determine that any of the following reasons exist, we may suspend or interrupt the provision of all or part of this service without prior notice to the user.

- When maintenance, inspection, or updates are performed on the computer system related to this service - When it becomes difficult to provide this service due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster - When computers or communication lines, etc. are stopped due to an accident - When our company determines that it is difficult to provide this service We shall not be liable for any disadvantage or damage suffered by users or third parties due to the suspension or interruption of the provision of this service, regardless of the reason.


Article 11 Restrictions on Use and Cancellation of Registration <br/>If any of the following applies, the Company may restrict a User's use of all or part of the Service or cancel the User's registration without prior notice.

・If any provision of these Terms and Conditions is violated ・If it is discovered that the registration details contain false information ・If the credit card registered by the user as a payment method is suspended ・If there is a default in payment obligations such as fees ・If there is no response to contact from our company for a certain period of time ・If there is no use of this service for a certain period of time since the last use ・If the user's heirs etc. notify us that the user has died or if our company is able to confirm the fact of the user's death ・If a minor uses this service without the consent of their legal representative ・If an adult ward, person under curatorship or assistance uses this service without the consent of their adult guardian, curator or assistant ・If our company otherwise determines that use of this service is inappropriate

The Company shall not be liable for any damages incurred by the User as a result of any actions taken by the Company pursuant to this Article.


Article 12: Withdrawal <br/>Users may withdraw from this service by following the prescribed withdrawal procedure.


Article 13 Disclaimer of Warranties and Disclaimer <br/>The Company does not guarantee that the Service is free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors and bugs, infringement of rights, etc.).

The Company shall not be liable for any damages incurred by the User as a result of the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) is a consumer contract as defined in the Consumer Contract Act, this disclaimer shall not apply. However, even in this case, the Company shall not be liable for any damages incurred by the User due to default or tort caused by the Company's negligence (excluding gross negligence) that arise from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damages).

The Company shall not be liable for any transactions, communications, or disputes that arise between users and other users or third parties regarding the Service.


Article 14: Changes to Service Content, etc. <br/>The Company may change the content of the Service or discontinue providing the Service without notifying the User, and shall not be liable for any damages incurred by the User as a result thereof.


Article 15 Changes to Terms of Use
1. In any of the following cases, the Company may change these Terms at any time pursuant to the provisions of Article 548-4 of the Civil Code. After these Terms are changed, the changed Terms will apply to this Agreement.

(1) When the change to these Terms of Use is in the general interest of users.

(2) When the change to these Terms and Conditions does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.

2. If the Company makes any changes to these Terms and Conditions, the Company will determine the effective date of the revised Terms and Conditions and will notify users of the content of the revised Terms and Conditions and the effective date at least two weeks prior to the effective date, and will notify users by displaying the content on the Service or by other methods specified by the Company.

3. Notwithstanding the provisions of the preceding two paragraphs, if a User uses the Service after the changes to these Terms and Conditions in the preceding paragraph have been notified to the User, or if the User does not take the procedures for cancellation within the period specified by the Company, the User will be deemed to have agreed to the changes to these Terms and Conditions.


Article 16 Handling of Personal Information <br/>We will handle personal information obtained through the use of this service appropriately in accordance with our "Privacy Policy."


Article 17 Liability for damages
1. If a User causes damage to the Company in connection with a violation of these Terms or the use of the Service, the User shall compensate the Company for any damages (including lost profits and attorney's fees).

2. Notwithstanding any other provisions of these Terms and Conditions other than the following paragraph, if the Company causes damage to the User due to reasons attributable to the Company, the Company shall be liable to compensate for such damage only to the extent specified in the following items.

(1) In the event of intentional or gross negligence on the part of the Company: the full amount of the damage.

(2) In the event of slight negligence on the part of the Company: The amount of actual and direct ordinary damages (excluding special damages, lost profits, indirect damages, and attorney's fees) shall be limited to a maximum of 10,000 yen.

3. Notwithstanding the preceding paragraph, if the User is a corporation or an individual using the Service as a business or for business purposes, the Company shall not be liable for any damages suffered by the User in connection with the Service unless there is willful or gross negligence on the part of the Company. In addition, if the Company is to compensate for damages, the maximum amount to be paid shall be the cumulative total amount of usage fees for the past one year from the date of occurrence of the damages.


Article 18 Confidentiality
1. Users shall not disclose or leak to any third party any confidential information disclosed by our company in connection with the provision of this service. Confidential information means the technical, business or managerial information of the other party disclosed in connection with the introduction of this service, regardless of whether it is in document, electromagnetic data, oral or other form, and regardless of whether it is marked or clearly indicated as confidential or the scope of such information is specified.

2. The following information shall not be considered confidential information:

(1) Information already in your possession at the time of disclosure

(2) Information that was already publicly known at the time of disclosure or information that subsequently became publicly known through no fault of the individual.

(3) Information lawfully obtained from a third party after disclosure

(4) Information independently developed or created without relying on the disclosed confidential information

(5) Information required to be disclosed pursuant to laws and regulations or court orders

3. In the event that this Agreement is terminated due to the termination of the Service, cancellation of this Agreement, or for any other reason, the User shall promptly return or destroy the Confidential Information in accordance with the instructions of the Company. The destruction of the Confidential Information shall be in a manner that prevents the Confidential Information from being reused.


Article 19 Exclusion of Anti-Social Forces
1. The User represents and warrants that the User is not currently a member of an organized crime group, a member of an organized crime group, a person who has been a member of an organized crime group within the last five years, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a fraudster pretending to be a social activist, or a special intelligence violent group, or any other person equivalent thereto (hereinafter referred to as a "Member of an Organized Crime Group, etc."), and that the User does not fall under any of the following items, and that the User will not fall under any of the following items in the future.

(1) Having a relationship that is deemed to give control over management to a member of an organized crime group, etc.

(2) Having a relationship that is deemed to involve a member of an organized crime group or other such entity in the management of the company.

(3) Having a relationship that is deemed to be an unfair use of a member of an organized crime group, etc., for the purpose of obtaining wrongful benefits for oneself, one's company, or a third party, or for the purpose of causing harm to a third party.

(4) Having a relationship that is deemed to involve providing funds or benefits to members of organized crime groups, etc.

(5) Any officer or person substantially involved in management has a socially reprehensible relationship with a member of an organized crime group, etc.

2. The User undertakes not to engage in any of the following acts either by himself or through a third party:

(1) Violent demands

(2) Unreasonable demands that exceed legal responsibility

(3) Threatening behavior or violence in connection with transactions

(4) Spreading rumors, using fraudulent means, or using force to damage the other party's credibility or interfere with the other party's business

(5) Any other acts similar to those listed above.

3. If the Company finds that a User is a member of an organized crime group, etc., or falls under any of the items in paragraph 1, or has engaged in any of the acts in the preceding paragraph, or has made a false statement regarding the representations and warranties pursuant to the provisions of paragraph 1, the Company may terminate this Agreement without any notice to the User, regardless of whether or not there is any reason attributable to the User.

4. If this Agreement is terminated pursuant to the preceding paragraph, the Company shall not be liable for any damages incurred by the User as a result thereof, and the User hereby acknowledges this.


Article 20 Notification or Contact <br/>Notice or contact between the user and our company shall be made in the manner specified by our company. Unless the user notifies us of a change in accordance with the method separately specified by our company, our company will consider the currently registered contact information to be valid and will notify or contact the user at that contact information, and such notice or contact will be deemed to have reached the user at the time of sending.


Article 21: Prohibition on Transfer of Rights and Obligations <br/>Users may not transfer or pledge their status under the Terms of Use or their rights or obligations under these Terms to a third party without our prior written consent.


Article 22 Severability <br/>If any provision of these Terms and Conditions is invalid or illegal in whole or in part, such invalidity or illegality shall not in any way affect the other provisions of these Terms and Conditions or their interpretation or application, nor shall it impair their legality or validity or invalidate them.


Article 23 Term of this Agreement <br/>The term of this Agreement shall be from the time of its establishment until the User cancels their membership. The provisions of Article 5 (Intellectual Property Rights, etc.), Article 12 (Disclaimer of Warranties and Exemption), Article 16 (Liability for Damages), Article 17 (Confidentiality), Article 18 (Exclusion of Anti-Social Forces), Paragraphs 3 and 4, Article 20 (Prohibition of Transfer of Rights and Obligations), Article 21 (Severability), and Article 23 (Governing Law and Jurisdiction) shall remain in effect even after the termination of this Agreement.


Article 24 Governing Law and Jurisdiction <br/>These Terms and Conditions shall be governed by the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods to the Service shall be excluded.

In the event of a dispute arising in relation to the Service, the court with jurisdiction over the location of our head office shall be the court of exclusive jurisdiction.

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