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Terms and Conditions

Effective July 1, 2012

The following Terms and Conditions (these T’s&C’s) govern the use of Kings Auto Inc. (Goo) services (the Services) by users of Services (Users).

SECTION 1 - REQUESTING A PROFORMA INVOICE

1.1 Users who wish to obtain a proforma invoice (Proforma Invoice) for a certain used Vehicle can request for it via email, fax or post by sending the required information requested by Goo.

1.2 Although Users may communicate with Goo regarding then-available vehicles, the Vehicle shall only be available to the first User whose full payment is credited to Goo’s bank account in Japan.

1.3 If Goo sends Users an updated Proforma Invoice, Users shall accept as a correct and replaced Proforma Invoice and Goo shall in no way be liable for any top-up payment to be billed to Users.

SECTION 3 - TRANSFER OF TITLE AND RISK

The title to and risk of the Vehicle shall pass from Goo to Users at the time of delivery. The delivery term shall be designated by Goo on the Proforma Invoice from the International Commercial Terms 2000 (Incoterms 2000) set forth by the International Chamber of Commerce (ICC). For example, title to the Vehicle purchased under FOB or the C terms (CIF, CFR, and C&I) is transferred at the time when it passes the ship’s railing at the port of export.

SECTION 4 - FORWARDING AND SHIPPING

Once the contract of purchasing a Vehicle is concluded between Goo and Users and necessary paperwork is completed, Goo shall promptly notify Users of shipping details.

SECTION 5 - CONCLUSION OF CONTRACT

5.1Users who wish to purchase Vehicle(s) from Goo through the Services shall remit the amount indicated in the Proforma Invoice by bank wire transfer, or remit the funds to a specified account by other means of settlement as stipulated by Goo. Users shall remit in the currency specified by Goo. Goo may utilize systems required for proper payment processing, including requiring Users to enter the Proforma Invoice number on the message line. Users shall pay all fees incurred from remittance.

5.2 The contract is concluded when it is verified by Goo that the Vehicle is available for Users and full payment as quoted on the Proforma Invoice is done by Users and confirmed by Goo.

5.3 When payment is made by Users and confirmed by Goo, Goo shall promptly notify Users of the fact that the contract has been concluded by email or other means that are considered to be appropriate by Goo. Users who made said remittances are deemed to have understood and agreed to all of the terms set forth in the Proforma Invoice.

5.4 Users shall research any import regulations regarding the Vehicle before importing it. Users shall also pay all duties and taxes assessed on importing the Vehicle.

5.5 Users shall comply with any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed the importing, and Goo shall not be liable for Users’ incompliance with any restrictions, guidance and instructions. Users shall bear the risk of any damages after the shipment of the Vehicle, and Goo shall not be liable for such damages.

SECTION 6 - TERMINATION OF CONTRACT

6.1 Even in cases where the contract has been concluded, Goo may terminate the contract if (a) the vehicles cannot be delivered for reasons related to import restrictions, guidance or instructions from the relevant authorities, (b) Users made false statements or has performed illegal acts, or (c) it is recognized that the contract is rendered impossible to execute.

6.2 When Goo terminates the contract, Goo shall return to Users any payment done by Users in full amount. Users shall pay any fees claimed by any banks regarding such return, and Goo shall pay no interest whatsoever to Users on such returned funds. Further, Users shall pay to Goo any actual costs that arise through the period up until the refund is made, and Goo shall not be liable for such costs whatsoever.

SECTION 7 - CANCELATION AND REFUNDS

7.1 After full payment is received by Goo, Users may not cancel the contract.

7.2 Users may request for refunds only if Users have a credit balance of more than USD 500 and if there are no pending debts in the account.

7.3 Users may request for refunds only to the bank account from which the payment was made.

7.4 Users shall pay remitting fees for banks incurred on such refunds.

SECTION 8 - LIABILITY

8.1 All of the Vehicles are sold and delivered to Users on “as-is” basis. Goo shall not be liable for any defects in the Vehicles.

8.2 Goo shall not be liable for personal injury or other accidents caused by the Vehicles.

8.3 Users shall indemnify and hold harmless Goo against any liabilities, damages, claims, losses, costs and expenses (including legal fees) arising from any product liability claim for the Vehicles.

SECTION 9 - RESTRICTIONS ON USE

9.1 Any illegal actions are strictly prohibited and Users shall indemnify Goo for any loss arising from Users’ such actions.

9.2 Users shall not use any computer program that is harmful for Goo, the Services or Goo’s website.

9.3 Users may not utilize Goo in order to cause significant interference to other Users either directly or indirectly.

9.4 Goo may claim Users to restrain from any actions that are acknowledged as inappropriate by Goo.

SECTION 10 - CHANGE NOTIFICATION OF TERMS AND CONDITIONS

10.1 Goo and Users shall strictly comply with these T’s&C’s.

10.2 When changes are made in the T’s&C’s, Goo shall notify Users by updating the website of such changes. Once changes are reflected on the website Users shall be deemed to have accepted the changes.

10.3 Where one or more terms of these T’s&C’s are deemed ineffective or not executable, the remainder shall still remain fully in force. Goo and/or Users shall make a good faith effort to modify the terms deemed ineffective or not executable in order to legitimize such terms and achieve the original objective.

SECTION 11 - LOSS COMPENSATION

11.1 Goo shall not be liable for any damages incurred by Users or third parties through the provision of/or delays/changes in, suspension, termination, discontinuance, or abolishment of the Services, leakage or loss of information provided through registration with the Services or other means, or damage otherwise incurred related to the Services.

11.2 Goo makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the Services, or of information obtained by Users through the Services.

11.3 WGoo makes no guarantees of proper operation of any equipment or software used by Users.

11.4 Goo shall not be liable for any disputes between Users and third parties that may arise through use of the Services.

11.5 In addition to the above, Users are liable for compensation of any damages resulting from Users’ violation of the T’s&C’s, criminal intent, or gross negligence.

SECTION 12 - TERMINATION AND SUSPENSION OF THE SERVICES

12.1 Goo may terminate or suspend operation of the Services under the following circumstances:

  • A) For regular or emergency system maintenance or work on the Services, or under unavoidable conditions such as a system failure.
  • B) Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the Services cannot be operated as usual.
  • C) Where so restricted or ordered by a government agency, or where services of other electronic communications companies have been terminated or suspended.
  • D) Under any other circumstances where Goo deems temporary suspension necessary to the operation of the Services.

12.2 Users shall check these T’s&C’s for any change and Goo shall not be liable for any result arising from Users’ neglect of checking these. Goo shall not be liable for any damages incurred by Users or third parties resulting from termination or suspension of the Services.

SECTION 13 - APPLICABLE LAWS

13.1 These T’s&C’s are governed by the laws of Japan.

13.2 When disputes between Users and Goo cannot be resolved through discussion between the parties concerned, either the Nagoya District Court or the Nagoya Summary Court holds original, exclusive jurisdiction over the dispute.

SECTION 14 - COPYRIGHTS

14.1 Trademarks such as GooBike Exchange are Goo’ s trademarks.

14.2 All written contents, images and videos on this website are under the copyrights of Goo. Any copying or changing of them is strictly prohibited.

14.3 When disputes arise due to violation of copyrights, Users shall be responsible, financially and otherwise, for the resolution of such disputes.