Terms of service

Please read the Terms of Service and the Privacy Policy before using our Car-Tana website.

Article 1

The Terms of Service shall apply to all relationships between all users (irrespective of membership registration as specified in Article 11; hereinafter referred to the “User(s)”) who use the services which are provided by ZIGExN Co.,Ltd.(hereinafter referred to as "ZIGExN") on the Car-Tana website (hereinafter referred to the “Website”) (the term “services” is the general term for services provided on the Car-Tana website; hereinafter referred to as the “Services”).

Article 2

  1. 1. ZIGExN shall be able to change or revise the Terms of Use at any time without providing advance notice to Users.
  2. 2. By accessing the Website or using the Services, you hereby agree to the Terms of Service as a User. You shall be bound by the Terms of Service even if any upgrade, addition or changes to this site occur.
    If you do not agree with our Terms of Service then you must not use the Services.
    These Terms of Service are also applicable for websites operated by partner companies of ZIGExN.

Article 3

In any of the following cases, ZIGExN may temporarily suspend the Services without providing advance notice to Users. ZIGExN shall not assume any responsibility for compensating Users or third parties for any disadvantage or damage which may arise from the temporary suspension of the Services due to the following reasons:

  1. 1. Failure, inspection, repair, maintenance, etc., of facilities, systems, etc., used for the Services and other facilities, systems, etc., used by ZIGExN.
  2. 2. Failure to provide the Services due to fire, blackout, etc.
  3. 3. Failure to provide the Services due to extraordinary natural phenomena, including an earthquake, volcanic eruption, flood, tsunami, typhoon, and heavy snow, etc.
  4. 4. Failure to provide the Services due to a war, upheaval, riot, strife, terrorism, labor dispute, etc.
  5. 5. ZIGExN determines that temporary suspension of the Services is necessary for operational or technical reasons.

Article 4

  1. 1. The Services are provided on the basis of “as is” and also “as available” only.
  2. 2. ZIGExN shall not take responsibility for any malfunctions or defects which are supposed to be taken care of by car manufactures and also shall not take any responsibility for damages to third party individuals or third party properties.

Article 5

  1. 1. A User shall establish machinery, software, means of communication, etc., which are necessary for using the Services on his/her own responsibility and at his/her own expense, and shall install and operate them in a proper manner.
  2. 2. If a User or third party suffers a disadvantage or damage from failure to access or suspension of the Services due to the failure of a communication line or other causes, ZIGExN shall not assume any responsibility for compensating them for any disadvantage or damage.
  3. 3. A User shall be solely responsible for the use of the Services and all acts by using the Services (including acts committed by other persons which are deemed to constitute use conducted by the User in accordance with the provisions of paragraph [7] of Article [18]; the same shall apply below) and their results, while ZIGExN shall not assume any responsibility for such matters. If the use of the Services by a User causes damage to the Services or to a third party (including a case in which that the non-performance of provisions of the Terms of Services by a User causes damage to ZIGExN or to a third party), the User shall compensate for all such damage based on the principle of self-responsibility and at his/her own expense.
  4. 4. A User may post or provide only such information, content, or materials which are not likely to disturb or technically impair the functions of the Services. Users are prohibited from causing inconvenience or damage to, modifying without permission, or infecting with a virus, the Services, the Website content, or other information and communications systems of ZIGExN.

Article 6

  1. 1. The copyrights, trademark rights, other intellectual property rights, personality rights, publicity rights, and all other rights to the information provided in the Services, and the whole or part of the content which constitutes the Website (including but not limited to text, photos, designs, logo marks, software, etc.) shall belong to ZIGExN or to the legitimate owners.
  2. 2. A User may use the Services within the scope which is permitted by the objectives of the Services, the Terms of Services, and related laws and regulations, and may print content only for his/her own use.
  3. 3. Irrespective of the means, whether by electronic means, mechanical means, or other means, Users are prohibited from transferring, editing, adapting, using, duplicating, reprinting, publicly transmitting, or forwarding the information provided in the Services, and the whole or part of the content which constitutes the Website (including but not limited to text, photos, designs, logo marks, software, etc.) for any purpose, without obtaining permission from ZIGExN or the legitimate owners in advance. Further, Users are prohibited from providing third parties with the foregoing through the above acts, printing the foregoing and providing them to third parties, imitating the Services or the Website, utilizing the know-how which is contained in the Services or the Website, or infringing the rights as specified in paragraph 1, irrespective of the means employed.

Article 7

  1. 1. When using the Services, Users shall not conduct acts, whether intentionally or negligently, which fall or are likely to fall, under any of the following subparagraphs irrespective of the form of the act:
    1. (1) Acts which are offensive to public order and morals.
    2. (2) Criminal acts or acts which facilitate crimes or promote the commission of crimes.
    3. (3) Acts which infringe intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights, and know-how), other property rights, privacy rights, personality rights, and other rights of ZIGExN, other Users, or third parties, and other acts which cause economic damage to ZIGExN, other Users, or third parties.
    4. (4) Acts which slander ZIGExN, other Users, or third parties, or damage their reputation, or could cause non-economic damage to them.
    5. (5) Acts which could damage the reputation of ZIGExN, other Users, or third parties, and cause concerns regarding their reliability.
    6. (6) Acts which violate laws and regulations, equivalent guidelines, rules, etc.
    7. (7) Acts which involve making a large number or long duration telephone calls, or in which similar inquiries are repeatedly made in an excessive manner to ZIGExN, other Users, or third parties; acts which utilize the message function to transmit a large quantity of messages to ZIGExN, other Users, or third parties; acts which coerce ZIGExN, other Users, or third parties to do something which they have no obligation or reason to do; and other contributions and acts which disturb business operations.
    8. (8) A delayed response to, or disregard of, communication from ZIGExN or other Members, or other improper acts.
    9. (9) Acts which utilize the Services or the Website as a means of advertisement or sales activities for the business of a User or a third party.
    10. (10) Acts to use the Services, the Website, and attached functions for commercial purposes; pyramid schemes or multilevel marketing, or like acts, or acts suspected to be such acts; contributions and acts to post content which is determined by ZIGExN to be a pyramid scheme or multilevel marketing, or like acts, or acts suspected to be such acts.
    11. (11) Activities for commercial or business purposes utilizing, duplicating, publicly communicating, or adapting the whole or part of the Services and the Website (including content, information, functions, systems, programs, etc.); acts to use the whole or part of the Services and the Website for profit, or acts to make preparations for profit; and other acts utilizing the whole or part of the Services and the Website for purposes apart from the Services.
    12. (12) Acts which aim to conduct missionary activities for, or negative activities against, a certain religion, culture or country.
    13. (13) Acts which indicate that a User or his/her interested persons are antisocial organizations; and contributions and acts which contribute to antisocial organizations.
    14. (14) Acts which take advantage of security holes or bugs in the Services and the Website, acts to artificially generate high access loads; acts to access, without authorization, facilities of others or those of the Services (communication equipment, communication lines, computers, other equipment, and software which are utilized for providing the Services); acts to disturb the use or operation of the aforesaid facilities; and acts to reverse assemble, reverse compile, or reverse engineer the Services and the Website.
    15. (15) Acts to transmit or write to the Website fraudulent or harmful programs, scripts, etc., which contain computer viruses; and acts to make such programs, etc., available for others.
    16. (16) Acts to falsify or delete information which is accessible in the Services; acts to illegally collect information or data; and all other acts of unauthorized access.
    17. (17) Seriously dangerous acts or acts which lead to or encourage seriously dangerous acts.
    18. (18) Acts which are determined by ZIGExN to be inappropriate for Users of the Services.
  2. 2. If acts specified in the preceding paragraph occur, ZIGExN shall, in consideration of the situation, change or delete the contributed information, issue a warning to persons who have made contact through the Services, and if a User is a Member, take proper measures, including the cancellation of his/her membership.
  3. 3. Pursuant to the provisions of this article, ZIGExN shall not assume any responsibility for any disadvantage or damage incurred by a User.
  4. 4. As the Terms of Services are revised, the provisions of the subparagraphs of paragraph 1 may be added to or amended as needed. Therefore, Users are obligated at all times to check the latest information before using the Services and the Website.

Article 8

  1. 1. ZIGExN will prevent any relations with gang groups, gang members, associate gang members, gang-related companies, corporate racketeers, gangs pretending to be social activists, crime groups specialized in intellectual crimes, etc., (hereinafter referred to as “Antisocial Groups”). ZIGExN refuses the use of the Services and the Website by Antisocial Groups and members of or persons related to Antisocial Groups (hereinafter referred to as “Antisocial Group Members, etc.”). Therefore, Users are requested to state and guarantee that they are not Antisocial Group Members before using the Services and the Website.
  2. 2. If ZIGExN determines that a User belongs to an Antisocial Group or is an Antisocial Group Member or if a User undertakes an act which indicate that the User belongs to an Antisocial Group or acts which encourage Antisocial Groups, ZIGExN shall, at its discretion, take proper measures, including the cancellation of membership. ZIGExN shall not assume any responsibility for compensating the User for any disadvantage or damage that may result from the said measures.

Article 9

  1. 1. ZIGExN shall not guarantee that information which is contributed by a User in the course of using the Services is reliably recorded or preserved. If the whole or part of the information is lost, changed or leaked, ZIGExN shall not assume any responsibility for such events irrespective of its cause.
  2. 2. Users are requested to keep backup data in their own computers before posting contributions as a provision against the loss of said information.
  3. 3. If a claim, dispute, or claim for compensation for damages arises after the loss of information which has been stored in the Services or the suspension of operation of a server, the User shall exempt ZIGExN from any responsibility.

Article 10

All trademarks used by ZIGExN in the Services are trademarks or registered trademarks owned by ZIGExN, or trademarks or registered trademarks for which ZIGExN has obtained licenses from the rights holders. Therefore, Users are not allowed to use or reprint such trademarks for other purposes without obtaining the permission of ZIGExN.

Article 11

  1. 1. As a part of the Services, a User who intends to receive certain services (hereinafter referred to as “Member Services”) is requested to apply for membership registration.
  2. 2. A “Member” means a User who agrees to the Terms of Services, applies for membership registration through the designated procedures which are necessary for the use of Member Services, and receives permission from ZIGExN. Membership registration procedures shall be undertaken by a User himself/herself who intends to be a Member.
  3. 3. If there appear individual rules for services under specific titles (hereinafter referred to as “Individual Rules”), including “terms of use,” “guidelines,” “matters to be noted,” “instructions,” “prohibited acts,” “rules,” etc., on a screen where Member Services are provided, and if a User uses such services, the User shall be deemed to have agreed to such Individual Rules, unless otherwise provided for.
  4. 4. A Member can have only one account. Unless otherwise provided for by ZIGExN, a Member is prohibited from having multiple accounts.

Article 12

  1. 1. Conditions for membership registration for the Services shall be as follows:
    1. (1) The person must be an adult.
    2. (2) The person is able to understand English or Japanese.
    3. (3) The person must agree to the Terms of Services.
    4. (4) The person is not, nor has he/she ever been, a member of an anti-social organization, and has never benefited from an anti-social organization, and his/her main equity investors and officers/employees are not members of an anti-social organization.
    5. (5) The person’s membership for using the Services has never been cancelled, nor has the person ever been prohibited from using the Services.
  2. 2. If ZIGExN determines that a person is in violation of any of the subparagraphs of paragraph 1, ZIGExN may refuse to accept an application for membership registration.
  3. 3. Even if ZIGExN refuses to accept an application for membership registration, ZIGExN shall not assume any responsibility for disclosing or explaining the cause of refusal to the applicant concerned. In addition, ZIGExN shall not assume any responsibility for damage which the applicant may suffer due to the said refusal.

Article 13

  1. 1. On the occasion of membership registration, a person is requested to enter true, accurate, and up-to-date information concerning himself/herself and to transmit the said information to the Website. So as to make the registered information always reflect true, accurate, and up-to-date information, a Member is requested to personally confirm the registered information. If registered information has changed, a Member is requested to give notice to ZIGExN by the designated method.
  2. 2. If a Member violates the provisions of the preceding paragraph, or if ZIGExN determines that true, accurate, and up-to-date data has not been provided, ZIGExN may delete the Member’s login ID, cancel his/her membership, temporarily suspend his/her membership, or prohibit the Member from using the Services thereafter.
  3. 3. Except for a case in which a request is made by a member himself/herself, or by a person who can be considered by ZIGExN to be equivalent to the Member, and ZIGExN accepts the request, ZIGExN shall not change the Member’s registered information. However, if any item (it is assumed that information entered in this item will be made public) of the Member’s registered information contains information which is considered by ZIGExN to be inappropriate, ZIGExN may ask the Member concerned to change the contents of such an item, or may delete such parts.
  4. 4. When it is necessary for ZIGExN to provide notifications to members, ZIGExN shall send an e-mail notice to the e-mail addresses in the Members’ registered information, or by other means which are considered by ZIGExN to be appropriate. If a Member suffers a disadvantage or damage as a result of them not having entered up-to-date and accurate information into their registered information or because they have not submitted notification of a change, ZIGExN shall not assume any responsibility for the matter. If a Member fails to provide an up-to-date and accurate e-mail address, or if a problem occurs with e-mail transmission to a Member, ZIGExN may delete the Member’s information without providing advance notice by telephone or by other means.

Article 14

  1. 1. When registering a membership, a Member is requested to register a login ID and password.
  2. 2. A Member is requested to manage his/her password on his/her own responsibility from time to time, including changing the password to avoid the misuse thereof by third parties.
  3. 3. If a login ID or password is, or could have been, leaked to third parties, the Member concerned shall immediately provide notice of this to ZIGExN. Without providing notice to the Member concerned, ZIGExN may, at its discretion, suspend or terminate the use of the Services by means of the login ID or the password (including the cancellation or temporary suspension of the membership).
  4. 4. If expenses (including but not limited to expenses for investigating a cause, expenses for taking measures to prevent recurrence, attorney’s fees, expenses for responding to claims, etc.), losses, damage, lost earnings, arise in connection with the temporary suspension or termination (including the cancellation or temporary suspension of membership) of the use of the Services due to the theft, loss, or unauthorized use of a login ID or password by a third party, with or without intention or negligence on the part of a Member, the Member shall have no right to ask ZIGExN to compensate him/her for any and all such expenses.
  5. 5. In addition to the situation as mentioned in the preceding paragraph, if a Member or a third party suffers a disadvantage or damage due to the theft, loss, or the unauthorized use of a login ID or password by a third party, with or without intention or negligence on the part of a Member, ZIGExN shall not assume any responsibility for such a matter.
  6. 6. Members are prohibited from allowing third parties to use their login IDs and passwords, or from transferring, selling and buying, or lending their login IDs and passwords, or of disposing of them in any manner.
  7. 7. All acts which are made by using a login ID and a password shall be regarded as having been made by a Member who has a registered login ID and password, even if a third party makes an act without obtaining the approval of the Member or in an illegal manner, and the Member shall agree to take responsibility for the foregoing.
  8. 8. If a Member violates any of the provisions of paragraphs 2, 3, or 6 above and causes damage to ZIGExN or a third party, the Member shall be solely responsible for the said matter.

Article 15

  1. 1. A Member shall guarantee that the contents of his/her registered information are true and accurate, and shall quickly update such registered information as needed and on his/her own responsibility, to ensure that such information is up-to-date at all times.
  2. 2. A Member shall be solely responsible for the contents of information registered by him/her. ZIGExN shall neither take responsibility for any content (including information, data, documents, software, music, photos, images, videos, messages, text, etc.; the same shall apply below) which is created based on the Member’s registered information, posted on the Website, disclosed, provided or transmitted to other persons on behalf of the member, nor shall ZIGExN manage the contents of the Member’s registered information.

Article 16

  1. 1. A Member is prohibited from allowing a third party to use his/her membership, or transferring, selling and buying, or lending his/her membership, or disposing of it in any manner. A Member is also prohibited from transferring the whole or part of his/her rights and obligations under the Terms of Use to a third party, or allowing a third party to use such rights and obligations.
  2. 2. If a Member violates the provisions of the preceding paragraph and causes damage to ZIGExN or a third party, the Member shall be solely responsible for said damage.

Article 17

  1. 1. In any of the following cases, ZIGExN shall suspend the provision of Services to the Member concerned within an appropriate and reasonable period of time.
    1. (1) The Member intends to cancels their membership and completes the predetermined procedures for cancellation or applies to ZIGExN for the suspension of use of services by other means.
    2. (2) ZIGExN receives such a request from a person who can be considered by ZIGExN to be equivalent to a Member, and ZIGExN accepts the request.
    3. (3) ZIGExN determines that there are unavoidable circumstances due to business necessity.
  2. 2. On of this membership, a Member shall lose all rights relating to the use of Services for Members.

Article 18

If a Member falls under any of the following subparagraphs, ZIGExN may cancel or temporarily suspend his/her membership, cancel rights attached to his/her membership, or prohibit the Member from using the Services in the future. ZIGExN shall not assume any responsibility for any damage which may occur, directly or indirectly, to the Member or a third party.

  1. 1. The whole or part of the contents of an application contains inaccurate, treacherous, false, or misleading information.
  2. 2. A User has in the past failed to perform a contractual obligation in an individual Service which was provided by ZIGExN, or in the past failed to perform a contractual obligation with respect to transactions with other Users; or ZIGExN has determined that the User could fail to perform a contractual obligation in the future.
  3. 3. A Member has violated a law or regulation or the Terms of Services.
  4. 4. A Member has committed, or is likely to commit in the future, any of the prohibited acts specified in the Terms of Services.
  5. 5. A Member wrongly uses a login ID and/or a password.
  6. 6. A Member wrongly uses information provided by ZIGExN, or commits other wrongdoings.
  7. 7. It becomes clear that a member does not satisfy membership requirements, or the Member has failed to satisfy membership requirements.
  8. 8. Trouble arises between a Member and other Users or a third party.
  9. 9. Other Users or third parties raise a complaint against a Member.
  10. 10. ZIGExN determines that there is a risk that a Member could cause damage to ZIGExN, other Members, or third parties.
  11. 11. A Member fails to log in a certain number of times during a certain period of time as determined by ZIGExN.
  12. 12. ZIGExN determines that the continuous provision of the Services is difficult for reasonable reasons.
  13. 13. In addition to above, a case in which ZIGExN determines that a Member’s act is inappropriate or causes problems in the operation of the Services and the Website.

Article 19

  1. 1. Even if a Sales contract is concluded in accordance with the terms, ZIGExN still reserves the right to terminate the contract only in the following cases:
    1. (1) When there are import restrictions, guidance's or instructions from the country's government, or a reasonable reason preventing the handing over of the vehicle from the concerned authorities.
    2. (2) When the contract has become unfeasible because of the Member’s actions and also the Member has provided false information.
    3. (3) When a Member does not fulfill any of the terms stated in this contract.
    4. (4) When a Member becomes bankrupt or makes an arbitrary claim of bankruptcy, and the ZIGExN confirms and approves it.
    5. (5) In the cases described above, the received funds will be returned to the Member after discussions between both parties. However, all resulting expenses such as a bank charge, yard fee, return fee etc. will be paid by the Member and will be deducted from the refund amount.
    6. (6) ZIGExN does not have an obligation to pay the Member the interest amount accrued or that will accrue during the period of retaining the remitted funds.

Article 20

It is the responsibility of the Member to confirm the restrictions of your country on used cars in advance. The transfer of ownership, together with the BL, will occurafter the cost of the vehicle has been paid in full and from the very moment that the vehicle crosses the barge from the port of Japan. If the import regulations change in the Member's country while the vehicle is traveling to the designated port of the Member by ship it is the responsibility of the Member to be aware of these changes, and ZIGExN will not bear any expenses caused by the changes.

Article 21

If the Member has paid for the warrantee service ZIGExN will warrant the car except for the exceptions stated below.

The Member must notify ZIGExN in detail regarding any problems with the car within 14 days after it has arrived at the destination described on the BL by a method specified by ZIGExN.
You must attach the quotation in USD and the report in English in writing from a local repair shop, which has a good reputation, together with pictures of the damage or malfunction of the car.
Please note that ZIGExN cannot guarantee anything if any documents are missing.
Please check the following conditions in order to receive the warranty.

  1. 1. The Member must purchase the option of warrantee (with guarantee).
  2. 2. The purchased vehicle price (FOB) must be more than US$1,500 or more.
  3. 3. The claimed damages must be over US $300 (less than US$299 should be borne by the Member).
  4. 4. The age of the vehicle must be less than 10 years old.
  5. 5. For a guarantee relating to the Engines and Transmissions, ZIGExN will only guarantee cars with a mileage of 100,000km or less.
  6. 6. The Member must send the quotation in US$ and a report in English in writing from a local repair shop, with good reputation, within 14 days after the cars arrival at the destination described on the BL.
  7. 7. ZIGExN will not guarantee internal scratches, cuts, burns which seem to be invisible, shift knobs, head rest, spare tires, jack toola, floor mats, cigarette lighters, remote accessories, other minor accessories, minor external damage, scratches, dents, holes, rusts and so on. Nor will ZIGExN guarantee any other expendable items which are not described in this regulation such as fuel, grooves of tires, gas for air conditioning etc.

Article 22

  1. 1. Except for the warranty explicitly stated on the Website, with respect to the information to be provided, services or products described in the Services or on the Website (hereinafter referred to as the “Provided Information”), whether or not the Provided Information is created based on contributions from Users, ZIGExN shall not make any representations or warranties (whether explicitly or implicitly) regarding the Provided Information. ZIGExN has no means and obligations to verify, and therefore shall not make any representations or warranties (whether explicitly or implicitly) with respect to, the content, quality, accuracy, legality (including non-infringement of others’ rights, including intellectual property rights, etc.), usability, believability, timeliness, or completeness of the Provided Information.
  2. 2. The international terms and conditions on this site are FOB (Free on Board) and C&F (Cost and Freight) = FOB + Freight prepaid. The movement of ownership, together with the BL, is considered the moment that the vehicle crosses the barge from the port of Japan. Even if any damage or loss occurs after the car crosses the barge from the port of Japan, it will be the customer’s responsibility.
  3. 3. ZIGExN shall not assume any responsibility for the shipment of your purchased vehicles or for any delay of the ship.
  4. 4. In accordance with the Terms of Services, Users are fully responsible for local payments, returns, warranties, shipping, insurance, local, fees, taxes, transaction, licenses, fines permits, transportation of the vehicle, and for the storage of the vehicle as well.
  5. 5. ZIGExN shall not be liable for any reason, in any case, for internet failures, power failures, failure of computers, its system and peripherals. We are not responsible for delays, failures or disruptions of the service due to forces majeure, war, government acts, domestic and foreign court orders and also due to the third party’s failure of the service.
  6. 6. ZIGExN has the right to withdraw any fraudulent and incomplete order without verbal or written notice to the User.
  7. 7. ZIGExN shall not assume any responsibility for any damage which may arise from the use of the Provided Information by a User or a third party (including but not limited to errors concerning its acquisition, collection, editing, interpretation, analysis, compilation, translation, transmission, communication, or distribution, and trouble which may arise from the purchase of products based on the Provided Information) or the non-usability of the Provided Information by a User or a third party.
  8. 8. Websites linked from the Services and the Website, and websites linked from the information posted on the Services and the Website, are operated by the administrator of each website. ZIGExN has no responsibility for such websites, and shall provide no guarantee that they are not illegal, that their contents are accurate, that they do not contain unpleasant information, or that they do not contain other information which Users do not want to recieve.
  9. 9. In connection with the Services or the Website, if a conflict arises between Users or between a User and a third party (including a conflict arising from the infringement of intellectual property rights), or if a User or a third party suffers damage due to a third party’s act, ZIGExN shall not assume any responsibility for such matters. Such conflicts or damage shall be resolved between the parties concerned through lawsuits in Japan or overseas. If ZIGExN suffers damage due to such trouble, the parties involved in such trouble shall jointly and severally, and rapidly, compensate ZIGExN for all of its expenses, losses, and damage, including attorney’s fees.
  10. 10. If damage occurs in connection with transactions made based on information posted in the Services or on the Website, or even if damage occurs due to the posting of information, ZIGExN shall not assume any responsibility for such damage.
  11. 11. Even if damage occurs to computers, communication lines, software, etc., as a result of downloading from the Services, the Website, or websites of third parties, including advertisers, or due to a computer virus, ZIGExN shall not assume any responsibility for such damage.
  12. 12. If ZIGExN incurs expenses, or pays compensation, in response to any and all complaints or claims occurring due to, or in connection with, violations of the Terms of Services by any User, the User shall be solely responsible for compensating ZIGExN for such expenses and compensation (including attorney’s fees paid by ZIGExN).
  13. 13. The systems, content, and links in the Services and the Website are provided on an as-is basis. Therefore, Users are requested to be responsible for their own use of them and to do so at their own expense within the scope permitted by laws and regulations. With respect to the status of provision of the Services, the possibility of access, the status of use, and systems of the Services (including content, hardware, software, and links), ZIGExN shall provide no guarantee, whether explicitly or implicitly, of their suitability for certain purposes, merchantability, competence, non-infringement, outcome, accuracy, integrity, accessibility, compatibility, security, freedom from computer viruses, etc.
  14. 14. In addition to the above, ZIGExN shall provide no guarantee of the contents, quality, and level of the Services and the Website, the stable provision of the Services, the outcome of use of the Services, and other matters. Even if damage occurs, directly or indirectly, to Users or third parties, intentionally or negligently, due to inaccurate, inappropriate, or vague contents, expressions, acts, etc., in the provision of the Services or on the Website, ZIGExN shall not assume any responsibility for such damage. Although ZIGExN may give advice or provide information to a User, ZIGExN shall not assume any responsibility for the accuracy or usability of such advice or information, or for the realization of an outcome which is desired by a User.
  15. 15. The responsibilities of ZIGExN shall be limited to those specified in the provisions of the Terms of Services.

Article 23

  1. 1. Members shall keep confidential information which is designated as confidential and which is disclosed to them by other Members as counterparties to transactions in inter-member transactions, in connection with the Services of the Website or the process of such transactions; confidential information which they come to know in the course of the performance of transactions; and personal information held by counterparties to transactions. Members shall not use such confidential information for any purposes other than for purposes relating to the transactions, and shall not disclose or leak such confidential information to third parties.
  2. 2. Despite the provisions of paragraph 1, information of this fall under any of the following subparagraphs shall be excluded from constituting confidential information. In the case of personal information, only information which falls under subparagraph (6) shall be excluded from being considered confidential information.
    1. (1) Information which is already publicly known and used.
    2. (2) Information which becomes publicly known and used through no fault of a Member after the disclosure of the confidential information.
    3. (3) Information which is already known or obtained when the confidential information is disclosed.
    4. (4) Information which is legally obtained, without bearing any confidentiality obligations, from a third party having legitimate authority after the disclosure of the confidential information.
    5. (5) Information for which the disclosing party approves in writing to be disclosed to a third party.
    6. (6) Information for which its disclosure is obligated by laws and regulations or a final and binding judgment, etc.
  3. 3. When using confidential information, a Member shall disclose such information only to the minimum number of persons who can achieve the purpose of its disclosure. In such a case, a Member shall be obligated to supervise, or take other necessary measures, to ensure that persons to whom confidential information is disclosed will neither leak it nor use it for purposes other than the purpose of the disclosure.
  4. 4. Members shall be obligated to treat confidential information in confidence, and take all reasonable safekeeping and leakage prevention measures.
  5. 5. ZIGExN shall provide no guarantee that the confidentiality of inter-member transactions and negotiations is secured, and shall not assume any responsibility for such matters.

Article 24

  1. 1. The Terms of Services shall take effect on [July 1, 2017], and shall supersede the past terms of use.
  2. 2. Even if part of the provisions of the Terms of Services are declared invalid or unenforceable by a competent judicial authorities, etc., their judicial ruling shall not be valid outside their jurisdiction and other provisions of the Terms of Services shall be in full force and effect.
  3. 3. The outstanding liabilities, if any, of Users under the Terms of Services shall not be nullified and shall remain enforceable even after the expiration of the Services or the Website, or the discontinuation of use of the Services by Users, or the expiration of the Terms of Use.

Article 25

The Terms of Services shall be governed by, and construed and interpreted under, the laws of Japan.

Article 26

If any dispute has arisen under the Terms of Services or in relation to the Services or the Website, the Tokyo District Court shall be the court of exclusive jurisdiction in the first instance by agreement.