Article 1 (Purpose)

The purpose of this agreement is to stipulate the rights, responsibilities, and duties of Malltail Japan inc. (referred to below as “this (our) company”) and members of the malltail website (http://jp.malltail.com/; referred to below as “malltail”) with regards to the use of the “international forwarding service” and the “personal shopper service” provided as part of the overall malltail service.

Article 2 (Definitions)

1.

“malltail” refers to the distribution center, as well as the distribution service, set up to provide members with goods, etc., as stipulated by this agreement and to allow for the transactions of such goods, etc., through use of the internet. In addition, “malltail” may refer to the operator of the service, this company, itself.

2.

“member(s)” refers to any person(s) given a membership ID after being approved for membership by this company, achieved by providing any personal information necessary for the use of the malltail service, operated by this company using the internet, in order to register as a member.

3.

The “international forwarding service agreement” refers to the process of having goods purchased by a member stocked by malltail in the distribution center provided to members by malltail, after which malltail takes responsibility for shipping the relevant goods overseas and completing customs clearance procedures, and finally delivers the product to the billing address designated by the relevant member.

4.

The “personal shopper service agreement” refers to the process of a member requesting the purchase of good(s) from malltail, after which malltail purchase the relevant product(s) in place of said member, takes responsibility for shipping the relevant goods overseas and completing customs clearance procedures, and finally delivers the product to the billing address designated by the relevant member.

5．

“International second address” refers to a service in which malltail provides the member with a fixed international billing address, referred to below as “malltail billing address”, for use as a shipping address for products sent abroad by malltail when a customer purchases goods using the international shopping site, etc., as part of the international forwarding service.

Article 3 (Displaying, Explanation, and Revision of this Agreement)

1.

Our company will display the content of this agreement, our trade name, billing address, primary phone number, email address, responsibility to protect personal information, etc., on the malltail website in a format easily understandable by members. However, we reserve the right to give access to the content of this agreement through links displayed on the website.

2.

Our company reserves the right to change any component of this agreement without giving prior notice. When any component of this agreement has been changed, all matters relating to this service are to be regulated by the agreement as it exists after such changes.

3.

When our company makes revisions to this agreement, we will give notice of any effective dates and reasons for such revisions, along with the currently effective agreement, on the malltail website. However, in such cases that any changes to the content of the agreement could possibly lead to the loss of profit of any member(s), a temporary grace period may be given, under the discretion of our company alone.

4.

When our company revises this agreement, only contracts entered into after the revised agreement becomes effective are subject to the revised agreement, and any contracts entered into before this relevant effective date are subject to the stipulations of the articles of this agreement before relevant revisions.

5.

With regards to any matters not regulated by this agreement, and the interpretation of this agreement, all relevant parties are to abide by relevant laws and regulations, as well as relevant business practices, and strive to achieve resolution of any issues promptly by mutually cooperating under the principles of good faith.

Article 4 (Provision of and Changes to Service

1.

Our company will execute the following tasks through our malltail service:

 1)

Providing information regarding goods, etc.

 2)

Inspection of goods, etc., stocked at malltail billing addresses.

 3)

The shipment of goods, etc., as agreed upon through the overseas shipping as agent service or personal shopper service.

 4)

Customs clearance as agent service.

 5)

Other tasks as decided by malltail.

2.

Our company reserves the right to change the content of the services we provide when certain goods, etc., have gone out of stock, changes have been made to technical specifications, and other such circumstances. In these cases, we will make an immediate announcement regarding the details of changes to service(s) through the malltail website.

3.

Our company will immediate notify a member if we cannot provide a certain portion of the service we have promised to the relevant member due to being out of stock of certain goods, etc., restriction due to technical specifications, etc., or for any other reason.

4.

Our company cannot be held responsible for damages resulting from the above clause.

Article 5 (Temporary Suspension of Service)

1.

Our company reserves the right to temporarily suspend the malltail service in order to protect, inspect, or exchange data transmission equipment, including computers, etc., or when any such equipment is damaged, data transmission interrupted, or in any other such circumstances.

2.

Our company cannot be held responsible for any damages incurred by member(s) as a result of temporary suspensions of our service as stipulated for in clause 1.

3.

In the case of changes to business content, the discontinuance of business activities, mergers between our company and another, or any other reason resulting in our company becoming unable to provide the malltail service, our company will notify members of the relevant details, but cannot be held responsible for any damages incurred by members as a result of any of these changes.

Article 6 (Successful Establishment or Denial of Contract)

1.

Our process for establishing use of service contracts with members is described in the following clauses.

 1)

“International forwarding service contract”: After a member has registered for malltail membership, and any goods, etc., directly purchased by the member on the international shopping site are forwarded to the malltail billing address provided, an international forwarding service contract between our company and the relevant member will be established as soon as the member pays the service fee as notified by our company.

 2)

“Personal shopper service contract”: After a member has registered for malltail membership, requested the personal shopper service from our company, and our company has notified the relevant member with the necessary costs of personal shopper service, a personal shopper service contract between our company and the relevant member will be established as soon as the member pays the service fee as notified by our company.

2.

“Contract establishment” covers the entire process of a member entrusting our company with shipment, from international shipment to import customs clearing and finally to the point at which the goods, etc., are delivered to their domestic destination. Therefore, any requests made by our company to the member regarding import customs clearance and other aspects of the process must be accepted and handled in good faith.

3.

Our company can deny consent for contract requests made by members in any of the following situations:

 1)

When the application content contains false information, missing information, or incorrect information.

 2)

When a member is requesting the shipment or import as agent of goods, etc., prohibited by relevant laws or by this agreement.

 3)

If our company suspects that the member has done something in violation of this contract.

 4)

If the member has had their membership for use of the malltail service revoked in the past.

 5)

If the member is a minor, an adult ward of the state, a person under curatorship, or a person subject to guardianship, and has yet to receive the consent of a legal representative, guardian, curator, or supervisor.

 6)

In any other circumstances deemed clearly harmful to our company’s business or technological capacities.

Article 7 (Restrictions on this Service)

Our company reserves the right to return to the relevant sender any goods that have arrived at a malltail billing address, after giving notification to the relevant member, in the event items sent fall under, or are suspected by our company of falling under, the following categories. The customer can either settle the balance required to cover costs to return goods, etc., or our company can choose to process such goods, etc., to pay for relevant costs.

 1)

Living animals or plants, dead animals, stuffed animals, cash, checks, monetary bills, stocks and any other securities, gold or silver bars, credit cards, cash cards and other cards with monetary value, savings deposits bank books issued by financial institutions, cash withdrawal cards, confidential letters or other methods of communications deemed as confidential under current applicable law, stimulants, marijuana, narcotics, psychotropic drugs and other prohibited drugs, medical products, medical equipment, firearms, blades, weapons, weaponry, explosives, poisonous material, flammable materials, etc., human bodies or any human body parts, deceased persons, deceased bodily remains, mortuary tablets, child pornography, adult videos and any other perverse material, precious metals, rare earths or stones, food, beverages, or any other items that easily change in quality or decay, refrigerated goods, or any items requiring refrigeration or freezing.

 2)

Any goods for which shipment, importing, or exporting, etc., is prohibited or restricted based on the laws of any import or export countries, states, provinces, or regions, including those areas passed through on-route to the final destination, as well as any goods impossible to be shipped by air, or other goods not approved for handling based on the shipping agreements of any relevant shipping operators.

 3)

In circumstances in which our company deems goods, etc., to be unsuitable in terms of providing this service based on this agreement, including for reasons due to false statements on invoices, poor packaging or wrapping of goods, etc.

 4)

For goods, etc., that are import or export restricted based on any other relevant laws.

 5)

When the whereabouts of the relevant member are unclear.

 6)

When the billing address, trade name, and any other wording used to identify our company as the recipient are not clearly identifiable.

Article 8 (Permitted Payment Methods for Use of This Service)

The payment of any charges incurred through use of the malltail service may be paid using any of the following methods, to be selected by the member.

 1)

Credit Card

 2)

Any other payment methods for other optional fees approved by our company.

Article 9 (Email Confirmation, Changes to Delivery Applications, and Cancellations)

malltail agrees to enter into international forwarding service contracts with members according to the following procedures with regards to the use of the malltail second address, international forwarding service, and personal shopper service.

 1)

Our company will send an email confirmation once the receipt of any goods ordered by a member of the malltail service who has applied for the shipping and/or import as agent service has occurred.

 2)

Members who have received this email confirmation can immediately apply to change the content of their delivery application, or cancel it if they so wish, for circumstances in wish their intentions have not been accurately reflected, etc.

 3)

When goods, etc., that have arrived at a malltail billing address fall under the jurisdiction of any of the clauses of Article 7, our company reserves the right to nullify any shipment contract(s) relating to the relevant goods, etc., and all costs required after such circumstances have occurred, such as for the return of relevant goods, etc., are the sole responsibility of the relevant member.

Article 10 (Payment Deadlines for Service Use Fees and Storage Costs)

1.

When a member uses a malltail billing address to purchase goods and such goods, etc., have arrived at the malltail billing address, our company will request payment for service fees related to international shipping tasks from the member, and the member must pay our company the relevant amount using a payment method described in Article 8 within two weeks of the request. Our company will not deliver relevant goods, etc., to the member if payment for service use fees is not completed.

2.

If a member fails to complete payment for service fees within the period described in the above clause, additional predetermined storage fees or damages for payment delays may be incurred, and the member will be responsible for paying these as well.

3.

Our company is not responsible for the theft, damage, loss, etc., of goods, etc., in cases in which our company has still not received payment for service fees from the relevant member even 30 days after sending the member a request for payment. In addition, our company may sell relevant goods, etc., and use proceeds to pay for storage fees in the event that payment has still not been received 3 months after sending request for payment.

Once three months have passed since any portion of goods, etc., purchased by a member has arrived at a malltail billing address, our company cannot be held responsible for theft, damage, loss, etc., of such goods, etc. In addition, our company can sell such goods, etc., and use the proceeds to pay for storage fees.

4.

In order to ship goods, etc., to members as safely as possible, our company may take measures deemed necessary by us, such as repackaging items and more, without obtaining the advance consent of the relevant member.

Article 11 (International Shipping and Customs Clearance)

1.

Our company provides air transportation, import customs clearance, and delivery of goods from malltail to the domestic address provided by the member through cooperating shipping and customs clearance companies according to international shipping contracts. Damages, loss, etc., incurred by goods during transportation within the bounds of the shipping areas between malltail and the address as designated the user will be compensated up to the amount as stipulated by the relevant shipping company in their shipping contract.

2.

As a general rule, our company treats importers as being responsible for paying customs duties based on individual import customs clearance rules regarding importing for personal use, and as such we assign jobs with necessary import requirements and have the cooperating shipping and/or customs clearance companies handle customs clearance procedures. Therefore, the shipping and/or customs clearance companies first pay any required taxes, such as import surtaxes and customs duties, on behalf of the member, after which the member must settle the balance by paying the relevant shipping and/or customs clearance companies for any customs duties, import surtaxes, etc., paid.

Article 12 (Inspection of Goods, etc.)

1.

Our company reserves the right to open goods, etc., requested by members as part of our international forwarding service in order to inspect such goods, etc. However, we cannot be held responsible for the duty to inspect, and such inspection does not guarantee the quality, lack of defects, or authenticity of the relevant goods, etc., nor does it guarantee that such goods, etc., are in compliance with the relevant laws of the country of departure, on-route locations, or the country of final destination.

2.

During inspection carried out as per the above clause, if our company discovers goods, etc., that are, or are suspected of being, in violation of laws related to the prevention of the transfer of criminal proceeds or any other laws, then we may notify the police or other relevant governing authorities, submit the goods, etc., to them, or take any other measured deemed necessary.

3.

Our company cannot be held responsible for any damages incurred by the member as a result of the inspection of goods, etc., or of any other measures taken by our company as stipulated in this article.

Article 13 (Returns, Refunds, etc.)

1.

Once goods, etc., ordered by the member have arrived at a malltail billing address, but before they are sent to the recipient (shipping address), if malltail has received and accepted a request for mid-process cancellation (returns, etc.), then the relevant goods, etc., will be returned to the member as per their request, and all costs required to do so are the sole responsibility of the member.

2.

In circumstances in which goods, etc., ordered by the member have already arrived at a malltail billing address, the member has already paid any outstanding malltail service fees, and the relevant goods, etc., have already been sent to the recipient (shipping address), even if a request for mid-process cancellation is made, the original international forwarding service contract will remain in effect, and this contract will be deemed complete once the relevant goods, etc., have been delivered to their domestic destination, and therefore if a member desires that such goods be returned, our company will only do so if said member agrees to cover all costs associated with this return.

3.

In the circumstances described in clauses 1 and 2 above, if a member requests that goods, etc., be sent to another area unrelated to the original shipping address, or the recipient refuses to accept such goods, etc., when sent to the relevant seller, or in other situations where returns are not approved, then the relevant goods, etc., will be sent to the member, and the member will be responsible for all related costs.

Article 14 (Balance Adjustment)

1.

When any differences between the amount paid by the member and actual costs incurred as part of the international forwarding or personal shopping services have occurred as a result in changes in product prices, electronic system errors, etc., our company may request balance adjustment for any amounts over or under the true amount (henceforth referred to as “balance adjustment”) after such costs have been incurred.

2.

Balance adjustments will be carried out only for amounts more than 10% above or below the original payment amount, and any costs required to execute balance adjustments, such as wiring transfer fees, will be paid by either our company or the member.

Article 15 (Emergency Measures)

1.

In circumstances in which our company has deemed a member to have used this service for illegal, unjust, or improper purposes, our company reserves the right to deny receipt or delivery of any relevant goods, etc.

2.

If goods, etc., that have arrived at a malltail billing address are deemed to have a foul smell, liquid leakage, or other such regularities, or if deemed to require emergency measures by our company, our company may take necessary temporary measures, such as moving the relevant goods, etc., to another location for safekeeping, etc. In addition, if our company deems the moving or safekeeping measures necessary to be difficult, or if any irregular or emergency situations are deemed to require on-going attention, our company may choose to dispose of such goods, etc. Any resulting costs are the responsibility of the relevant member, and our company cannot be held responsible for any damages incurred by the member as a result.

Article 16 (Handling of Personal Information)

1.

When our company collects personal information regarding a member, we will collect only information necessary to execute our contract(s). The following information will be required, and any information on other items will be deemed optional.

 1)

Full Name

 2)

Billing Address

 3)

Primary Phone Number (or Mobile Phone Number)

 4)

Date of Birth

 5)

Email Address

 6)

Password (For Members)

 7)

Purpose of Use

2.

When our company collects information on a member that can be used to identify the specific individual, we will ensure to obtain the consent of the relevant member when doing so.

3.

Our company will use members’ personal information for the following purposes.

 1)

Management of Members

 2)

Implementing all types of campaigns and questionnaires.

 3)

So that this company, its parent company, and its subsidiary (referred to in their entirety as “this group”) may simplify tasks such as membership registration when using services that require membership registration.

 4)

To give notifications necessary for the operation of malltail (including by phone, email, or letter).

 5)

To provide the least amount of information necessary for tasks related to packaging and shipment of goods, as well as to delivery company employees, customs clearance brokers, and as necessary to pay customs duties.

 6)

To send e-newsletters.

 7)

To calculate and request payment for service use fees, etc.

 8)

To respond to all types of inquiries and otherwise execute our after-sales service.

 7)

To provide necessary information, in a form that cannot be used to identify specific individuals, for creating statistical models, academic research, or to conduct market research.

 8)

When necessary to confirm an individual’s identity in order to protect against unauthorized use.

 9)

For advertisements, announcements, and sales promotions of products of our company or of a third party (including through email).

4.

This group may share member information for use to accomplish the purpose mentioned in the above item.

5.

Our company will properly protect personal information according to our privacy policy, and will not provide it to third parties in a form that can be used to identify specific members. However, we reserve the right to provide personal information in the following cases.

 1)

When we have obtained the consent of the relevant member.

 2)

When disclosure is demanded of us based on laws, etc., when disclosure is demanded as part of a legal process, such as a criminal investigation, or if we have received an inquiry for such information from the consumer information center, bar association, or other public organizations based on justifiable grounds.

 3)

When transferring member order details to a cooperating contracted company.

 4)

If disclosing such information to a cooperating contracted company when a member purchases or is attempting to purchase goods, etc., from that cooperating company.

 5)

When necessary to ship goods, etc., or to provide our service.

 6)

When disclosing such information to parties involved in the processing of payments.

 7)

When disclosing said information to cooperating contracted companies so that they may provide services, etc., such as implementing point systems and more.

 8)

When subcontracting to a third party all or a certain portions of the tasks normally executed by our company.

 9)

If disclosing such information to the party that will assume ownership of this business in the case of a merger, ownership transfer, or for other such reasons.

 10)

When allowed based on personal information protection and other laws and regulations.

6.

Members can, at any time they wish, request, through a method as decided by us, to view or make revise errors contained within their own personal information, and our company will take necessary measures to execute their requests.

7.

Our company limits and keeps to an absolute minimum the number of managers with access to personal information in order to protect the personal information of members, and will compensate damages incurred by members within reasonable limits for the loss, theft, leakage, alteration, etc., of credit card, bank account, and other personal information of members. However, we will not be held responsible for such instances that cannot be proved to have occurred as a result of the deliberate intention or fault of our company.

8.

Our company will handle personal information that can be used to identify specific members based on our personal information protection policy in all other instances not covered in this article.

Article 17 (The Duties of This Company)

1.

Our company will not engage in activities that infringe upon public disorder and the standards of decency, nor those prohibited by law and this agreement, and will do its best to provide goods, etc., in a stable and consistent fashion according to this agreement, but we cannot be held responsible for maintaining the stock of specific items.

2.

This company will equip itself with safety protection systems, according to our discretion, to protect members’ personal information (including confidential information) so that our members may use this internet service safely.

3.

Malltail may send advertisement emails for commercial purposes to members after obtaining their consent.

Article 18 (Members’ Duties)

Members must not engage in any of the following actions.

 1)

Registering false information when applying or making changes.

 2)

Fraudulently using the information of a third party.

 3)

Changing information displayed on malltail.

 4)

Sending or displaying information other than that which has been approved by malltail (computer programs, etc.).

 5)

Violating the copyrights, etc., and other intellectual property rights of a third party through the use of malltail.

 6)

Any actions that cause injury to the reputation of a third party, or that interfere with their duties and tasks, through use of malltail.

 7)

Making public or displaying obscene or violent messages, images, audio, or any other information that infringes upon public order and standards of decency, as well as posting any information that slanders a third party. (In addition, our company reserves the right to freely delete any content as deemed necessary.)

Article 19 (Copyright Jurisdiction and Limitations on Use)

1.

All copyrights on material created by our company, and any other intellectual property rights, are the sole property of our company.

2.

Members must not make copies of, send transmissions of, distribute, broadcast, or use or allow a third party to use any information gained through use of the malltail service that falls under our company’s intellectual property rights for commercial purposes without the advance consent of our company. Members will not engage in activities (including but not limited to reverse assembly, reserve compiling, and reverse engineering) that violate the intellectual property rights of this company or of any companies given licensed consent to use such intellectual property rights.

Article 20 (Dispute Resolution)

1.

Our company will do its absolute best to prioritize the handling and resolution of complaints and/or opinions submitted to us by our members.

Article 21 (Jurisdiction and Applicable Laws)

1.

Lawsuits over disputes arising between this company and our members related to electronic commercial transactions are to be governed solely by the courts with proper jurisdiction over the area in which our billing address is found at the time such lawsuit is filed.

2.

Lawsuits filed between this company and our members are to be governed by applicable Japanese law.

Article 22 (Revisions based on the Consumer Contract Act)

1.

If a contract between our company and a member falls under the jurisdiction of Article 2, clause 3 of the Consumer Contract Act, and even if our company is deemed responsible for damages to the member regardless of the disclaimer against our company’s responsibility for damages as described in this agreement, our company can only be held responsible for the total amount of usage fees actually received from said member limited to one year from the point in time such damages occurred.