Terms and Conditions
# TERMS AND CONDITIONS
Welcome to Classifieds.jp online trading community. These terms and conditions are intended to assist keep Classifieds Japan.jp a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Classifieds.jp Limited offers you access to the Services and the Website. By registering as a member of Classifieds.jp you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Classifieds.jp from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 10 January 2010.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
‘item’, ‘items’ means goods or property that may be bought or sold through the classified process;
‘member’ means a registered member of Classifieds.jp
‘Services’ means any one or more of the services offered by Classifieds.jp from time to time, Classifieds.jp may offer now or in the future;
‘we’, ‘us’ and ‘our’ are a reference to Classifieds.jp;
‘you’ and ‘your’ are a reference to you;
‘Website’ means any Classifieds.jp through which the services are offered;
‘listing’ means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job;
‘seller’ includes any person placing a listing.
# SPECIFIC WARNINGS
2.1 The services: Classifieds.jp provides a venue to introduce members who want to buy and sell items. Classifieds.jp does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Classifieds.jp takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you.Classifieds.jp gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:
1. about ownership of any item;
2. as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
3. as to the accuracy or truth of listings;
4. that any item will meet your requirements or expectations; or
5. about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
1. your use of the services is at your sole risk. The Website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 2.2, Classifieds.jp disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2. Classifieds.jp does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
3. no advice or information that is obtained by you from Classifieds.jp or anyone else shall create any warranty by Classifieds.jp that is not expressly stated in the terms and conditions; and
4. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Classifieds.jp recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5.Classifieds.jp is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Classifieds.jp to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Classifieds.jp liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Classifieds.jp message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to Classifieds.jp, Classifieds.jp may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Trade Me considers it appropriate.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies and Job Listing Policies form part of these terms and conditions.
# BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Classifieds.jpto ensure it is kept current at all times. Classifieds.jp may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Classifieds.jp discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: Classifieds.jp reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Classifieds.jp may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
1. not to permit any other person to use your user name or membership; and
2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
# GENERAL RULES
4.1 General
1. All listings, bids or communications made through Classifieds.jp shall be made in good faith.
2. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
3. You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
4. You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile.
5. Not withstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
6. You must classifieds in Japanese Yen. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
8. Contracts for the sale of land must be in writing to be legally enforceable.
9. You must not use the Services or the Website to promote items for sale outside the Services.
10. You are responsible for any actions taken through your membership. Classifieds.jp memberships are not transferable and therefore can not be sold, leased, lent or traded.
4.2 Your obligations as a seller
1. You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
2. You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. You will not sell or offer services.
3. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(d). You agree that Classifieds.jp may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.
4. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
5. When you list an item for auction on Classifieds.jp, you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing for an auction you will incur a non-refundable withdrawal fee, regardless of the reason.
6. Classifieds.jp may be used by individuals or businesses to list specific items or jobs only and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
7. Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for sale, or contain contact details. You must not use Classifieds.jp listings to promote a business or website other than one for sale in your listing.
8. You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
9. You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
10. For classifieds, you may choose to sell to any buyer at your discretion.
11. You will only list adult rated content (videos, magazines, DVD’s, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
12. Listings are not pre-screened for content. Classifieds.jp reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
13. You agree to your email address being supplied to the buyer when a buyer is interested in purchasing your product.
14. You must promptly forward the listed item to the successful buyer on completion of the transaction.
15. You must not charge unreasonable amounts for shipping and packaging costs.
16. The sale of films, videos, DVDs, VCDs and laser disks is covered by the Films, Videos and Publications Classification Act 1993. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. The offence carries a maximum penalty of $3,000 per publication. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty consists of 10 year’s imprisonment per publication. Therefore, when listing these items for sale, you must include within your listing, the Japan classification rating and all information on the classification label.
17. The sale of firearms and ammunition remotely on Classifieds.jp is strictly prohibited.
18. To help maintain quality listings,Classifieds.jp reserves the right to suspend sellers who list over 500 auctions per week where the sell through rate of these auctions averages less than 10% over four weeks. Sell through rate is calculated as the auctions sold divided by auctions listed, not including classifieds.
4.3 Your obligations as a buyer
1. You agree to your username being publicly shown on the Classifieds.jp Website. You also agree to your email address being supplied to the seller when contacting a seller.
2. Classifieds.jp reserves the right to terminate any account upon multiple complaints of the
3. You must only access the Adult category if you are at least 18 years old.
# GENERAL PROVISIONS
5.1 System Integrity: Classifieds.jp will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Classifieds.jp takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Classifieds.jp assumes no responsibility for the corruption of any data or information held by Classifieds.jp.
5.2 Resolution of disputes: As Classifieds.jp is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Classifieds.jp in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).
5.3 Force Majeure: Without prejudice to clause 2.3(a),Classifieds.jp has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Classifieds.jp to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Classifieds.jp
5.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
5.6 Governing Law: These terms and conditions are governed by the laws of Japan. You submit to the non-exclusive jurisdiction of the Courts of Japan.
5.7 Intellectual Property Rights:Classifieds.jp (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
1. You may not without our prior written permission, in any form or by any means:
1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
2. Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
5.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
5.9 Privacy: Classifieds.jp collects personal information about you through your use of the Services and the Website, including:
* your registration details; and
* information relating to your use of the Website and the content you access.
You agree that Classifieds.jp may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Classifieds.jp products and Services to you, and for any other use that you authorise. You agree to your membership’s trading history being published in your feedback.
We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Classifieds.jp Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Classifieds.jp to ask whether information has been provided to government agencies.
If you intend to take Disputes Tribunal proceedings against another member and you require that member’s contact details in order to take such proceedings,Classifieds.jp will release those details to you if you make a Statutory Declaration stating that you require that member’s contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Trade Me or the Disputes Tribunal.
