Chapter 1. General Provisions
Article 1. General Provisions
- These Standard Terms and Conditions (hereinafter referred to as the "Terms") are established to set forth the transaction conditions of Sake Tickets in Primary Sales Transactions and Personal Transactions, as well as conditions for the delivery of Target Products.
- Sake Sellers shall use these Terms for all Market transactions in this Market, and Users and Purchasers shall agree to them.Users and Purchasers shall also comply with the Sake World NFT Terms of Use (hereinafter referred to as the "User Terms").
- Unless expressly stated otherwise, references to specific paragraphs in each article of these Terms (capitalized or otherwise) shall be confined to paragraphs within the same article.
Article 2. Definitions
Unless otherwise specified in these Terms, the terms used herein shall have the following meanings:
- "Market" refers to the sales platform "Sake World NFT" for Sake Tickets, etc.
- "Service" refers to all services provided on this Market.
- "Market Administrator" refers to Leaf Publications Co., Ltd.
- "User" refers to those who access or use this Market and/or this Service.
- "Purchaser" refers to those who have purchased Sake Tickets on this Market (including those who have received Sake Tickets through paid Personal Transactions, not limited to Primary Purchasers).
- "Primary Sales Transaction" refers to the sale and purchase of Sake Tickets between Sake Sellers and Purchasers on this Market.
- "Primary Purchaser" refers to a Purchaser who has purchased a Sake Ticket from a Sake Seller.
- "Final Holder" refers to those who currently hold Sake Tickets that each represent a complete and valid Right to Claim Delivery.
- "Personal Transaction" refers to the transfer of a Sake Ticket by the Final Holder to a third party for a fee or free of charge (excluding Primary Sales Transactions).
- "Repurchaser" refers to those who have received Sake Tickets through paid Personal Transactions from the Final Holders.
- "Market Transaction" refers to Primary Sales Transactions and Personal Transactions.
- "Alcoholic Beverages" refers to beverages containing 1% or more alcohol, or where Users are from a jurisdiction or territory other than Japan, the statutory definition set out in laws of said jurisdiction or territory.
- "Sake Brewery" refers to those who hold a license to manufacture Alcoholic Beverages under the Liquor Tax Law, or where Users are from a jurisdiction or territory other than Japan, under the applicable laws of said jurisdiction or territory.
- "Sake Seller" refers to a business that holds a relevant license to sell Alcoholic Beverages and are authorized to sell Sake Tickets on this Market.
- "Listing" refers to the act of posting information about Alcoholic Beverages on this Market by Sake Sellers or Final Holders for the purpose of selling Sake Tickets.
- "Product Card" refers to documents (including electronic media) related to Sake Tickets listed on this Market by Sake Sellers and submitted to the Market Administrator.
- "Listed Product" refers to the Alcoholic Beverages specified in the Product Card that have been listed.
- "Target Product" refers to specific products that are to be delivered by Sake Sellers upon Final Holders exercising their Right to Claim Delivery of Listed Products.
- "Right to Claim Delivery" refers to the right to claim delivery of Target Products from Sake Sellers.
- "Sake Ticket" refers to a non-fungible token issued on the blockchain that represents the Right to Claim Delivery.
- "Use of Sake Ticket" or "Using Sake Ticket" refers to fulfilling all of the following conditions:
- Transferring the Sake Ticket to the Sake Seller by the method specified on this Market
- Notifying the Designated Delivery Location
- Paying the Shipping Fee, etc., by the method specified by this Market
- "Designated Delivery Location" refers to the delivery location of the Target Product notified to the Sake Seller by the method specified on this Market.
- "Shipping Fee, etc." refers to the fees calculated based on the criteria set by the Sake Seller and the shipping fee to the Designated Delivery Location.
- "Sales Contract (Scheduled Shipment)" refers to the sales contract of a Sake Ticket established when the Purchaser selects scheduled shipment from Article 4, Paragraph 2.
- "Sake Ticket (Scheduled Shipment)" refers to a Sake Ticket based on a Sales Contract (Scheduled Shipment).
- "Sales Contract (Immediate Shipment)" refers to the sales contract of a Sake Ticket established when the Purchaser selects immediate shipment from Article 4, Paragraph 2.
- "Sake Ticket (Immediate Shipment)" refers to a Sake Ticket based on a Sales Contract (Immediate Shipment).
- "Sales Contract (Post-Storage Shipment)" refers to the sales contract of a Sake Ticket established when the Purchaser selects post-storage shipment from Article 4, Paragraph 2.
- "Sake Ticket (Post-Storage Shipment)" refers to a Sake Ticket based on a Sales Contract (Post-Storage Shipment).
- "Sake Tickets, etc." refers to Sake Tickets and other products approved for Listing on this Market by the Market Administrator.
- "Commemorative NFT" refers to non-fungible tokens issued on the blockchain by the Sake Seller when the Use of the Sake Ticket is completed and confirmed by the Sake Seller.
- "Royalty" refers to the fee received by the Sake Seller from the parties involved in a paid Personal Transaction based on the transfer value of the Sake Ticket.
- "Market Fee" refers to the fee received by the Market Administrator from the parties involved in a paid Personal Transaction based on the sales price of the Sake Ticket.
- "Cryptocurrency" refers to Cryptocurrency as defined in Article 2, Paragraph 14 of the Payment Services Act or other laws, where applicable.
- "Reference Exchange Rate" refers to the latest reference price of the currency pair of Cryptocurrency and Japanese yen published by the Japan Virtual and Crypto assets Exchange Association (JVCEA) or other reference prices designated by the Market Administrator.
- "Gas Fee" refers to the network fee incurred when conducting transactions on the blockchain.
- "Wallet" refers to the service for receiving, storing, displaying, and sending Sake Tickets and Cryptocurrencies, designated by the Market Administrator.
- "Wallet Address" refers to the address assigned by the Wallet for managing or storing Sake Tickets and other Cryptocurrencies.
- "Storage Option" refers to the right to receive the Service of storing Listed Products in a warehouse designated by the Sake Seller, including the storage method and maximum storage period selected by the Purchaser.
Chapter 2. Primary Sales Transaction
Article 3. Listing
- Sake Sellers may list Sake Tickets on this Market in accordance with the procedures specified by this Market.
- When listing Sake Tickets on this Market, Sake Sellers shall present all shipment methods that can be selected by Purchasers, which are specified in the following items:
- Scheduled shipment
- Immediate shipment
- Post-storage shipment (if there are multiple storage methods, the details thereof)
- When making the method in item 1 available to Purchasers, Sake Sellers shall set the date when the Use of the Sake Ticket becomes possible (hereinafter referred to as the "Available Date") and the date when the shipment of the Target Product becomes possible (hereinafter referred to as the "Shipment Available Date" and the date seven days before the Shipment Available Date is referred to as the "Shipment Request Deadline").
- When making the method in item 3 available to Purchasers, Sake Sellers may set the Available Date and Shipment Request Deadline.
- Sake Sellers shall determine the Shipping Fees, etc., as specified in Appendix 1.
- When listing Sake Tickets on this Market, Sake Sellers shall clearly indicate the delivery areas for the Target Product from the delivery area specified in Appendix 3.
Article 4. Purchase Application
- Purchasers may apply to purchase Sake Tickets listed by Sake Sellers by complying with these Terms and the procedures specified by this Market.
- In addition to the purchase application in the preceding paragraph, Purchasers must select one of the items in Paragraph 1 of the preceding article and specify the following matters according to the selected content:
- Scheduled shipment: No specified matters
- Immediate shipment: Designation of the delivery location for the Target Product by the method specified on this Market
- Post-storage shipment: Designation of the storage method and storage period by the method specified on this Market
Article 5. Conclusion of Sales Contract
- A sales contract for a Sake Ticket shall be concluded between the Sake Seller and the Primary Purchaser when the Primary Purchaser pays the purchase price of the Sake Ticket, and the Sake Seller accepts the purchase application in the preceding article.
- The purchase price for Sake Tickets specified in the preceding paragraph shall be as follows, depending on the selected content in Paragraph 2 of the preceding article:
- Scheduled shipment: Sake Ticket price
- Immediate shipment: Sake Ticket price and shipping fees, etc., to the Designated Delivery Location
- Post-storage shipment: Sake Ticket price, initial fees set in advance by the Sake Seller, and charges for the storage option (hereinafter referred to as "Storage Option Fees, etc.")Sake Sellers may set the Sake Ticket price specified in each item in Paragraph 2 in their sole discretion, independent of the value.
- The payment method for the purchase price of Sake Tickets specified in Paragraph 2 may be Japanese yen credit card payment or Cryptocurrency set by the Sake Seller. However, the Gas Fees incurred when using Cryptocurrency set by the Sake Seller for payment, notwithstanding the preceding paragraph, shall be borne by the Primary Purchaser.
- Purchasers may not cancel the sales contract after the sales contract for Sake Tickets has been concluded.
- Sake Sellers shall determine the Storage Option Fees, etc., as specified in Appendix 2.
Article 6. Scheduled Shipping
- When a Sales Contract (Scheduled Shipment) is concluded, the Sake Seller shall promptly issue the Sake Ticket (Scheduled Shipment) and deliver it to the Primary Purchaser.
- The Final Holder may Use the Sake Ticket issued based on the preceding paragraph only after the Available Date.
- The Final Holder holding a Sake Ticket (Scheduled Shipment) must complete the Use of the Sake Ticket by the Shipment Request Deadline. Notwithstanding the provisions of this paragraph, if the Use of the Sake Ticket is not completed by the Shipment Request Deadline, the Sake Seller may extinguish the Sake Ticket. Furthermore, if the Sake Ticket (Scheduled Shipment) is extinguished based on this paragraph, the Right to Claim Delivery of the Target Product represented by the Sake Ticket shall also be simultaneously extinguished.
- The Sake Seller shall sell the Target Product of the extinguished Sake Ticket (Scheduled Shipment) by auction or private sale. If the Sake Seller gains revenue from the disposal, the amount obtained by deducting actual expenses from the revenue (if the revenue is not generated in Cryptocurrency, it shall be converted to Cryptocurrency at the Reference Exchange Rate at the final point of the disposal date of the Target Product) shall be sent to the Final Holder's wallet (hereinafter referred to as the "Final Holder Wallet"). However, this does not apply if the Final Holder has violated these Terms.
- Except for the case specified in the preceding paragraph, the Sake Seller shall have no obligation to compensate for any damages incurred by Users, Purchasers, and Final Holders resulting from the extinguishment of the Sake Ticket (Scheduled Shipment) based on Paragraph 3.
Article 7. Immediate Shipment
When a Sales Contract (Immediate Shipment) is concluded, the Use of the Sake Ticket by the Purchaser shall be deemed complete at the time the sales contract is concluded.
Article 8. Post-Storage Shipment
- When a Sales Contract (Post-Storage Shipment) is concluded, the Sake Seller shall store the product using the storage method specified in Paragraph 2, Item 3 of Article 3 (hereinafter referred to as the "Specified Storage Method"). The storage of the Target Product of the Sake Ticket (Post-Storage Shipment) shall be conducted using the packaging method and cargo appearance determined by the Sake Seller.
- Before the start of storage, the Sake Seller shall identify the Target Product by attaching an individual identification number to the Sake Ticket (Post-Storage Shipment) delivered to the Purchaser. After identifying the Target Product with an individual identification number, the Target Product that can be delivered by Using the Sake Ticket (Post-Storage Shipment) held by the Final Holder shall be the Target Product with the attached individual identification number.
- If the Sake Seller does not possess the Target Product of the Sake Ticket (Post-Storage Shipment) at the time of the conclusion of the Sales Contract (Post-Storage Shipment), they shall promptly acquire the Target Product and commence storage. If the Sake Seller has set a Shipment Available Date in advance, they shall acquire the Target Product promptly after the elapse of the Shipment Available Date and store it.
- The Sake Seller shall store the Target Product with the care of a good manager from the date of the conclusion of the Sales Contract (Post-Storage Shipment) until the date specified as the storage period based on Paragraph 2, Item 3 of Article 3 (hereinafter referred to as the "Specified Storage Deadline").
- The Final Holder holding a Sake Ticket (Post-Storage Shipment) may Use the Sake Ticket at any time before the Specified Storage Deadline. However, if the Sake Seller has set an Available Date for the Sake Ticket (Post-Storage Shipment), the Sake Ticket (Post-Storage Shipment) may only be used after the Available Date.
- If the Final Holder Uses the Sake Ticket before the Specified Storage Deadline based on the preceding paragraph, they shall not be entitled to any refund of the Storage Option Fees, etc. (whether in whole or in part).
- The Final Holder holding a Sake Ticket (Post-Storage Shipment) must complete the Use of the Sake Ticket by the Specified Storage Deadline. Notwithstanding the provisions of this paragraph, if the Use of the Sake Ticket is not completed by the Specified Storage Deadline, the Sake Seller may extinguish the Sake Ticket. Furthermore, if the Sake Ticket (Post-Storage Shipment) is extinguished based on this paragraph, the Right to Claim Delivery of the Target Product represented by the Sake Ticket shall also be simultaneously extinguished.
- The Sake Seller shall sell the Target Product of the extinguished Sake Ticket (Post-Storage Shipment) by auction or private sale. If the Sake Seller gains revenue from the sale, the amount obtained by deducting actual expenses (including storage fees until disposal, but not limited to this) from the revenue (if the revenue is not generated in Cryptocurrency, it shall be converted to Cryptocurrency at the Reference Exchange Rate at the final point of the disposal date of the Target Product) shall be sent to the Final Holder Wallet.
- Except for the case specified in the preceding paragraph, the Sake Seller shall have no obligation to compensate for any damages incurred by Users, Purchasers, and Final Holders resulting from the extinguishment of the Sake Ticket (Post-Storage Shipment) based on Paragraph 7.
Chapter 3. Personal Transactions
Article 9. Transfer of Sake Tickets
- The Final Holder may transfer the Sake Ticket to a third party for a fee or free of charge. However, the Final Holder may not transfer only one of the Sake Ticket and the Right to Claim Delivery separately; if the Sake Ticket is transferred, the Right to Claim Delivery shall also be simultaneously transferred, and if the Right to Claim Delivery is transferred, the Sake Ticket shall also be transferred.
- When the Final Holder transfers the Sake Ticket to a third party, they must ensure that the third party inherits the same rights and obligations under these Terms.
- If the Final Holder complies with these Terms and transfers the Sake Ticket to a third party, and the third party agrees that these Terms apply to all transactions of the Sake Ticket (which shall be deemed through the third party’s acceptance or purchase of the Sake Ticket), the Sake Seller shall unconditionally agree that the Sake Ticket and the Right to Claim Delivery are transferred to the third party.
Article 10. Paid Transfer
- The Final Holder may transfer the Sake Ticket for a fee on this Market only.
- When a paid transfer in the preceding paragraph is established, the Final Holder must pay Royalties and Market Fees from the proceeds of the Sake Ticket received. Market Fees shall be paid directly to the Market Administrator, and Royalties shall be paid directly to the Sake Seller.
- In the paid transfer of Sake Tickets on this Market, Gas Fees are incurred as actual expenses. These Gas Fees shall be incurred by the Final Holder when they list the Sake Ticket and when they accept a sales request for the Sake Ticket from a Repurchaser, and by the Repurchaser when they purchase the listed Sake Ticket and when they make a sales request to the Final Holder.
- The Repurchaser and the Final Holder must pay the Sake Ticket price and the Gas Fees in advance with the Cryptocurrency specified by the Sake Seller.
Article 11. Free Transfer
- The Final Holder may transfer the Sake Ticket to a third party free of charge. The Final Holder may also transfer the Sake Ticket free of charge on marketplaces other than this Market. However, the Final Holder shall bear all responsibility for the free transfer of Sake Tickets on marketplaces other than this Market, and the Sake Seller shall not be liable for any costs, problems, disputes, etc., arising from such free transfers.
- When the Final Holder transfers the Sake Ticket to a third party free of charge, the third party shall not be obligated to pay Royalties to the Sake Seller.
- When the Final Holder transfers the Sake Ticket to a third party on this Market, the Gas Fees incurred by such transfer shall be borne by the Final Holder. These Gas Fees shall be paid in advance with the Cryptocurrency specified by the Sake Seller.
Chapter 4. Delivery
Article 12. Delivery Claim
Those who legally hold a valid Right to Claim Delivery may receive the delivery of the Target Product from the Sake Seller. However, the Right to Claim Delivery must be exercised by the person holding the Right to Claim Delivery using either one of the following methods:
- Using the Sake Ticket on this Market by the method specified by this Market
- Proving that they are the person holding the Right to Claim Delivery at the Sake Seller's head office location or at the office of Sake World Japan K.K. (43-1, Otowamaedacho, Yamashina, Kyoto, 6078067)(collectively, hereinafter "the Head Office Location") with objective materials.
Article 13. Delivery
- When the Use of the Sake Ticket is carried out by a method specified on this Market, the Sake Seller shall promptly deliver the Target Product to the Designated Delivery Location. However, this shall not apply if the Final Holder has violated these Terms or if the Sake Seller reasonably determines that there has been a violation thereof. For avoidance of doubt, the Market Administrator is not responsible for the delivery or supply of the Target Products.
- Notwithstanding the preceding paragraph, if any of the following circumstances are recognized regarding the Designated Delivery Location, the Sake Seller shall store the product for up to one month from the date the Use of the Sake Ticket has been completed, and the Final Holder shall receive the delivery of the Target Product at the Sake Seller's Head Office Location during that storage period. The Sake Seller shall conduct the storage with the same care as they would for its own benefit.
- If the location is outside the delivery area specified in Appendix 3;
- If the address is within the delivery area specified in Appendix 3 but cannot be specified;
- If the Target Product was not received after delivery and was returned, or
- If the delivery is significantly difficult due to other reasons not prescribed in the preceding items.
- In the case of the preceding paragraph, the Final Holder may receive the delivery of the Target Product at the Sake Seller's Head Office Location by presenting the Final Holder Wallet, its Wallet Address, and other information requested by the Sake Seller. The costs incurred for the delivery of the Target Product in this case shall be solely borne by the Final Holder.
- In the case of Paragraph 2 of this article, if the Sake Seller has started the shipment process of the Target Product after the Use of the Sake Ticket is completed, the Shipping Fees, etc., shall not be refunded. On the other hand, if the Sake Seller has only conducted storage based on Paragraph 2 before starting the shipment process of the Target Product, the Sake Seller shall refund the amount equivalent to the received Shipping Fees, etc., deducted by the actual costs (including Gas Fees) required for the refund in Cryptocurrency to the Final Holder Wallet. If the Final Holder paid the Shipping Fees, etc., in Japanese yen, the Cryptocurrency shall be converted at the Reference Exchange Rate at the time of payment of the Shipping Fees, etc.
- When the Use of the Sake Ticket is carried out by a method specified on this Market, it shall be deemed that the Right to Claim Delivery has been completely and validly exercised by the person holding the Right to Claim Delivery. Furthermore, when the Sake Seller delivers the Target Product in response to the Use of the Sake Ticket, it shall be considered a valid performance of all obligations regarding the Right to Claim Delivery, and the Sake Seller shall not be in any way liable or responsible for the delivery.
- Ownership of the Target Product shall be transferred from the Sake Seller to the Final Holder upon completion of delivery or transfer based on this article.
Article 14. On-Site Delivery
- In addition to the method in the preceding article, those who legally hold a valid Right to Claim Delivery may prove that they are the person holding a valid Right to Claim Delivery based on objective materials (including the Final Holder Wallet and its Wallet Address, etc.), and if the Sake Seller reasonably obtains the conviction that such proof has been made, they may receive the Target Product in its current condition at the Sake Seller's Head Office Location.
- In the case of the preceding paragraph, all costs required for the delivery of the Target Product shall be solely borne by the person attempting to exercise the Right to Claim Delivery.
- When the Sake Seller delivers the Target Product based on Paragraph 1 of this article, Sake Ticket representing the Right to Claim Delivery of the Target Product shall automatically be extinguished.
- Ownership of the Target Product shall be transferred from the Sake Seller to the person with the right to Claim Delivery at the time the Target Product is delivered based on paragraph 1.
Article 15. Commemorative NFT
- The Sake Seller may issue a Commemorative NFT to the Final Holder when the Use of the Sake Ticket is completed by the method specified on this Market, and the Sake Seller has confirmed the completion of the Use of the Sake Ticket.
- The Commemorative NFT does not represent any obligation or rights under any law.
- The Sake Seller shall bear the costs incurred in issuing the Commemorative NFT (including Gas Fees).
Chapter 5. Damage to Target Products
Article 16. Defects, Damage, etc. of Target Products
- If there is a defect in the Target Product received through the Use of the Sake Ticket (Immediate Shipment), if the product description clearly differs from the actual product, or if the product is damaged during delivery due to inadequate packaging, the Sake Seller shall be responsible. The Sake Seller shall, at their responsibility and expense, provide a refund, return, or exchange of the Target Product, provided that the Final Holder notifies the Sake Seller in writing (including email) within 5 days after the completion of delivery. However, for Target Products delivered through Sake Tickets (Scheduled Shipment) or Sake Tickets (Post-Storage Shipment), as they are intended to be delivered on an as-is basis, no refund, return, repair, exchange, etc., of the Target Product will be provided, except for the cases specified in the following paragraphs.
- If the obligation to deliver the Target Product becomes impossible or significantly difficult to perform due to damage to the Target Product before delivery has been completed, the Sake Ticket shall automatically be extinguished. Furthermore, if the Sake Ticket is extinguished based on this paragraph, the Right to Claim Delivery of the Target Product represented by the Sake Ticket shall also be lost.
- If the extinguishment of the Sake Ticket based on the preceding paragraph occurs due to reasons attributable to the Sake Seller, the Sake Seller shall pay the Final Holder an amount equivalent to the price paid by the Final Holder on this Market to acquire the Sake Ticket. However, the amount shall be capped at 1.5 times the price specified in the corresponding item of Paragraph 2 of Article 5 of the initial sale of the Sake Ticket.
- The Sake Seller shall pay the amount specified in the preceding paragraph by sending Cryptocurrency to the Final Holder Wallet. If the Final Holder paid the amount specified in the preceding paragraph in Japanese yen, it shall be converted to Cryptocurrency at the Reference Exchange Rate at the final point before payment.
- In the case of Paragraph 2, if the Final Holder received the Sake Ticket for free on this Market or if the price paid by the Final Holder to acquire the Sake Ticket is difficult to determine due to being transferred outside this Market, the Sake Seller shall pay the Final Holder an amount equivalent to the price at the initial sales transaction of the extinguished Sake Ticket specified in the corresponding item of Paragraph 2 of Article 5.
- The Sake Seller shall pay the amount specified in the preceding paragraph by sending Cryptocurrency to the Final Holder Wallet. Furthermore, in calculating the amount of Cryptocurrency, the Sake Seller shall convert the amount equivalent to the price at the initial sales transaction of the extinguished Sake Ticket specified in each item of Paragraph 2 of Article 5 to Cryptocurrency at the Reference Exchange Rate at the final point before payment.
- If the Sake Ticket is extinguished based on Paragraph 2 for reasons not attributable to the Sake Seller, the Sake Seller shall pay the Final Holder an amount equivalent to the price at the initial sales transaction of the Sake Ticket (excluding Storage Option Fees, etc., and shipping fees, etc.).
- The Sake Seller shall pay the amount specified in the preceding paragraph by sending Cryptocurrency to the Final Holder Wallet. If the Final Holder paid the amount specified in the preceding paragraph in Japanese yen, it shall be converted to Cryptocurrency at the Reference Exchange Rate at the final point before payment.
- This article shall be the sole method for the Final Holder to receive compensation for losses if the obligation to deliver the Target Product becomes impossible or significantly difficult to perform due to damage to the Target Product before delivery. In such case, the Sake Seller shall not be liable to compensate or indemnify any person for any damage incurred by Users, Purchasers, Final Holders or other third parties caused by the extinguishment of a Sake Ticket, except as specified in this article.
- If the obligation to deliver the Target Product becomes impossible or significantly difficult to perform due to damage to the Target Product before delivery, the Sake Seller shall notify, at the earliest opportunity, the Final Holder in accordance with Paragraph 2 of Article 20.
Chapter 6. Prohibited Acts
Article 17. Prohibited Acts
- Users and Purchasers shall not engage in any of the following acts:
- Acts that violate these Terms or the User Terms
- Use this Market and this Service if they are persons under 20 years of age (or under the minimum legal drinking age of the applicable jurisdiction)
- Acts that infringe or aid and abet the infringement of the rights of Sake Sellers, Market Administrators, or other third parties under any law
- The following acts aimed at influencing the price of Sake Tickets:
- Disseminating unsubstantiated facts to an unspecified number of people
- Engaging in fraudulent acts using means that mislead others
- Making statements that recklessly arouse others' gambling spirit
- Using violence or threats
- Once a User or Purchaser has transferred a Sake Ticket to another individual, the User or Purchaser shall not engage in or attempt transferring the same Sake Ticket to a third party simultaneously (i.e., a “double transfer”)
- Conducting transactions of Sake Tickets for fraudulent purposes such as criminal activities or money laundering or transactions that are objectively judged to be for fraudulent purposes
- Acts that violate criminal laws or other laws and regulations
- Engaging in acts prohibited by businesses providing payment services, etc., during the settlement of Sake Tickets
- Acts that damage the brand, credit, etc., of the Sake Seller
- Engaging in any of the acts listed in the preceding items jointly with third parties or inciting or assisting third parties in such acts
- Any other acts that the Sake Seller reasonably determines to be significantly inappropriate
- If the Sake Seller reasonably determines that the Final Holder has violated the preceding paragraph, they may extinguish the Sake Ticket held by the Final Holder. Users and Purchasers shall understand and accept in advance that the Sake Ticket they hold may be extinguished due to such circumstances, and they have purchased the Sake Ticket with this understanding. Furthermore, if the Sake Ticket has been extinguished based on this paragraph, the Right to Claim Delivery of the Target Product represented by the Sake Ticket shall also be lost.
- If the Sake Seller had gained revenue from the disposal of the Target Product of the extinguished Sake Ticket (which has been extinguished based on the preceding paragraph), the amount obtained by deducting actual expenses from the revenue (if the revenue is not generated in Cryptocurrency, it shall be converted to Cryptocurrency at the Reference Exchange Rate at the final point of the disposal date of the Target Product) shall be sent to the Final Holder Wallet. However, this does not apply if the Final Holder was in violation of these Terms.
- Except for the case specified in the preceding paragraph, the Sake Seller shall have no obligation to compensate or indemnify any person for any loss incurred by Users, Purchasers, Final Holders or other third parties resulting from the extinguishment of a Sake Ticket based on Paragraph 1.
Chapter 7. Disclaimer
Article 18. Disclaimer
To the maximum extent permitted by applicable laws, the Sake Seller shall not be liable for any damages of any kind arising from the following circumstances:
- Earthquakes, tsunamis, storm surges, floods, storms, climate changes, explosions, wars, incidents, riots, robberies, labor disputes, damages, pests, the nature or defects of the Target Product, requisition, quarantine, or other unavoidable disasters, accidents, orders, measures, or conservation acts that cause direct or indirect damages
- Damages arising from violations of these Terms or the User Terms
Article 19. Indemnity
Upon request of the Sake Seller, each User and Purchaser shall defend, indemnify and hold harmless the Sake Seller, as well as its affiliates, licensors, employees, officers, directors, and representatives from and against any claims, demands, liabilities, obligations, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with any third party claim concerning: (i) the User’s or Purchaser’s use or misuse of the Market or the Service; (ii) the User’s or Purchaser’s violation of these Terms, etc.; or (iii) the User’s or Purchaser’s violation of the rights of any third party, including without limitation any intellectual property, data protection or privacy right. The Sake Seller reserves the right to assume control of the defense and settlement of the claim at any time, in which event the User or Purchaser (as appropriate) shall cooperate with the Sake Seller in asserting any available defenses.
Chapter 8. Miscellaneous Provisions
Article 20. Notifications
- Purchasers must register an email address in their registration information in accordance with the method specified on this Market.
- Notifications from the Sake Seller to Purchasers shall be made by sending emails to the registered email address in the Purchasers’ registration information. Any disadvantages arising from not registering the email address in the preceding paragraph shall be borne solely by the Purchaser, and the Sake Seller shall not be liable for any responsibility.
- Insofar as permitted by applicable law, Purchasers agree in advance that notifications from the Sake Seller or the Market Administrator shall be deemed to have reached the Purchaser at the earlier of the time the Purchaser becomes able to view the email or 24 hours after the email is sent by the relevant company.
Article 21. Communication and Advertising
- The Sake Seller may contact Users or Purchasers by phone, email, or other means for the purpose of conducting opinion surveys, investigating transaction conditions, or conducting interviews related to this Service.
- The Sake Seller may contact Users or Purchasers by phone, email, mail, or other means for the purpose of notifying them of campaigns, advertisements, etc., related to this Service.
Article 22. Personal Information
The Sake Seller shall handle the personal information of Purchasers and Users in accordance with the Privacy Policy separately established, and Purchasers and Users shall acknowledge and agree to this.
Article 23. Governing Law and Jurisdiction
These Terms shall be interpreted in accordance with Japanese law, and if litigation becomes necessary regarding these Terms, the Kyoto District Court shall be the exclusive agreed court of first instance.
Article 24. Validity of This Agreement
Even if a part of the provisions of these Terms is determined to be illegal, invalid or unenforceable based on applicable laws and regulations, the remaining parts other than the invalid provisions shall remain valid and not be affected or impaired by such illegality, invalidity or unenforceability.
Even if a part of the provisions of these Terms is invalidated or canceled in relation to a specific user, these Terms shall remain valid in relation to other users.
Article 25. Revision of These Terms
If these Terms are revised, Users shall be notified by posting on this Market and other methods specified by the Market Administrator, considering the impact and operational conditions of this Market. The revised Terms shall take effect at the earlier of a certain notice period specified by the Market Administrator elapsing or when Users use the Service after the notification.