Terms of Use
Terms of Use for this Site (https://www..twinmanga.com.au herein after referred to as the “Service”) managed and operated by TWIN MANGA (hereinafter referred to as “TWINManga”) are as outlined below.
Article 1 Scope of application and changes to these Terms of Use
These Terms of Use apply to you and TWINManga in connection with the provision and the use of the Service.
TWINManga reserves the right to make changes to these Terms of Use at any time without giving you prior notice.
Article 2 Use of the Service
You agree to observe these Terms of Use and other usage guidelines outlined by TWINManga when using the Service.
TWINManga reserves the right to make changes to the content of the Service without giving you prior notice.
Article 3 Users of the Service
Users shall refer to people who view, make purchases on or make use of the Service. Use of the Service shall constitute your agreement to observe and be bound by these Terms of Use.
Article 4 User Registration
You may choose whether you wish to subscribe to receive the newsletter when using the Service to make purchases of products sold by TWINManga .
You will be required to use a credit card created in your name when making product purchases by credit card.
Article 5 Termination of Provision of the Service and Cancellation of User Registration
TWINManga reserves the right to terminate the provision of the Service and to cancel user registration without prior notice in the event of any of the following.
•in the event it is found that you have had your registration cancelled in the past due to a breach of these Terms of Use.
•in the event that you fail to make payment of monies on time in connection with the service or in the event of any other non-performance of obligations.
•in the event of any breach of the conditions set forth in Article 6, User conduct below
•in the event of any other breach of the terms and conditions set forth in these Terms of Use
Article 6 User Conduct
You agree not to engage in any of the following.
You agree to be responsible for full compensation of any damages incurred by TWINManga or a third party as a result of any breach of the following.
•registration of false information when registering as a member
•any conduct that interrupts operation of the Service or any other conduct that may interfere with provision of the Service
•use of this service with an unauthorized credit card
•illegal use of your mail address
•any conduct that is seen as an inconvenience or causes disadvantage or damage to other users, a third party or TWINManga or any conduct that poses a risk of the same
•any conduct that infringes on the trademarks, copyrights, image rights, privacy or other rights of other users, a third party or TWINManga or any conduct that poses a risk of the same
•any conduct that is seen as offensive to public order and morals or is in violation of relevant laws and regulations or any conduct that poses a risk of the same
•any other conduct that is deemed inappropriate by TWINManga.∗Please note that you may be contacted by TWINManga in the event it is deemed your actions infringe upon the above user conduct.
∗A breach of the above user conduct is not only a violation of user etiquette but is also seen as a breach of the Penal Code, Unauthorized Computer Access Law, the Trademark Act, Copyright Law and Civil and Commercial Law and will result in criminal or civil liability.
Article 7 Copyrights
Intellectual property rights for the content provided through the Service belong to TWINManga or other intellectual property rights owners who have authorized their use on the Site. Authorized use of the Service following registration set forth in these Term of Use does not provide you with any implied or express licenses or rights to the intellectual property of TWINManga in connection with the TWINManga Site or the Service.
Regardless of the reason, TWINManga reserves the right to take immediate legal action in the event of any conduct by you prohibited by Japanese or international copyright laws or any other relevant laws or regulations, including but not limited to, unauthorized copying or distribution or otherwise any other unauthorized secondary use of content belonging to TWINManga.
Members will be responsible for resolving, at their own expense, any dispute that may arise with a third party as a result of a breach of any of the provisions of this Article, and shall not hold TWINManga liable for any damages, losses or costs in connection with said dispute.
Article 8 User Information (Personal information)
1. With the exception of the following, TWINManga shall not disclose user information acquired in connection with the use of the Service to a third party.
•User information (hereinafter referred to as “Personal Information”) acquired by TWINManga in connection with the use of the Service shall be handled in accordance with the Act on the Protection of Personal Information and all other relevant laws and regulations and shall only be used in the following instances.
•receipt of orders and delivery of products
•settlement of payments
•requests for product returns
•newsletter registration
•questionnaires and product promotions (including joint promotions with other companies)
2. Personal Information collected from you shall be limited to the following
•name
•address and telephone number
•e-mail address
•gender
•date of birth
•credit card information
•name of nominated financial institution and account number
•any other information voluntarily offered in questionnaires
3. Personal information collected from you shall only be used for the following.
•delivery of e-mail notification confirming completion of registration or changes to user information
•delivery of e-mail notification confirming completion of product orders
•product delivery
•settlement of payments for purchased products
•provision of information from the relevant department within TWINManga (newsletters, catalogs, direct mail)
•requests for cooperation in questionnaires for the development of new products and to improve services
•inquiries via e-mail or telephone from TWINManga
•whereby for unavoidable reasons, TWINManga is required to contact you
4. Cancellation of newsletter subscriptions
•To cancel newsletter subscriptions, send an e-mail clearly stating your request to cancel your subscription to the e-mail address following address - enquiries@twinmanga.com.au
•Once your request has been processed, you will no longer receive newsletters and direct mail etc. from TWINManga
•In principle, TWINManga will not disclose Personal Information collected from you to third parties, however, please note that in order to provide the Service, Personal Information may be provided to third parties for the following reasons.
•Personal Information may be provided to group companies and affiliates (hereinafter referred to as “Group Companies etc.”) for the purpose of sharing information during joint promotions.
•Personal Information may be provided to companies contracted by TWINManga (credit card companies charged with settlement of payment, financial institutions, courier services contracted for the delivery of products, and printing houses contracted for the creation of personal labels) for the purpose of concluding transactions between TWINManga and you.
•Personal Information may be provided to IT system management companies whereby IT system operation and management is outsourced to a system management company.
•TWINManga may also provide Personal information to government agencies upon the receipt of a legitimate request for the provision of said information.
・In all of the above cases, the use of Personal Information provided by you will be limited to the extent required for the above mentioned third parties to provide the contracted services and TWINManga will make every reasonable effort to prevent the disclosure, loss and fabrication of Personal Information through the enforcement of Non-disclosure Agreements etc. with third parties to whom Personal Information is provided.
5. You are required to exercise due care in using the Site in any of the following cases.
・Personal Information may be provided to companies contracted by TWINManga (credit card companies charged with settlement of payment, financial institutions, courier services contracted for the delivery of products, and printing houses contracted for the creation of personal labels) for the purpose of concluding transactions between TWINManga and you.
•When conducting joint promotions etc. with other Sites, this Site may contain links to the Sites of the joint promoter and/or the agency planning the promotion. If you use links to these Sites, you will assume sole responsibility for the decision as to whether to provide Personal Information in accordance with the Terms of Use and Privacy Policy applicable to those Sites. TWINManga will not be held liable for any problems arising in connection with the provision of Personal Information to third party Sites.
Article 9 Product purchases
You are able to use the Service to make product purchases.
When making product purchases, you will be required to follow product purchase request procedures outlined by TWINManga. Customers are responsible for any customs duties or similar taxes, including GST where applicable, that may be imposed by their local jurisdiction on the purchase or importation of goods.
A formal purchase agreement between TWINManga and you will be deemed to have been established upon such time that a purchase confirmation e-mail has been sent by TWINManga to you in answer to a purchase request.
Purchase requests from users residing outside Australia must be made over the telephone or via e-mail without passing through the system and purchase conditions must comply with international shipping regulations outlined by TWINManga.
The cancellation of purchase requests set forth in Paragraph 2 above must be made in accordance with the terms and conditions set forth in the Shopping Guide outlined by TWINManga.
Article 10 Termination of a purchase agreement
TWINManga reserves the right to terminate a purchase agreement in the event of any of the following.
•when you breach any of the terms and conditions of these Terms of Use
•upon receipt by TWINManga of notification from your designated credit card company of non-performance of credit obligations
•upon discovery of information confirming your inability to meet payments
•when products are out of stock and cannot be provided without an unreasonable burden on TWINManga
•when contact cannot be made with you due to an unknown contact address or prolonged absence from said address
∗Prolonged absence will apply to any case where contact cannot be made with the purchaser within one week of shipment of the product
•notwithstanding the provisions of the preceding Paragraph, TWINManga reserves the right to cancel or terminate a purchase agreement in the event of what TWINManga deems to be illegal or inappropriate use of the Service and may take appropriate action.
Article 11 Payment
The payment required when purchasing a product through the Service will be the combined sum of the total purchase price and the cost of shipment (hereinafter referred to as “Purchase Amount etc.”).
Payment of the Purchase Amount etc. for products purchased through the Service must be paid COD (with the exception of some areas) with a credit card created under your name.
Purchases made with a credit card must comply with the conditions outlined in a separate agreement between you and your credit card company. TWINManga will not be held responsible in any way for disputes between you and your credit card company.
Article 12 Returning purchased products
When returning purchased products, you agree to comply with international shipping regulations outlined by TWINManga. TWINManga will not be liable for shipping costs for returns. Customer is responsible for ensuring returned products meet the guidelines stated under “Returns Policy”.
Article 13 Service interruption
TWINManga reserves the right to interrupt provision of the Service, whether in part or in entirety, in order to maintain satisfactory operation of the Service in the event of any of the following.
•when required to conduct periodical or urgent system maintenance
•when operation of the system becomes difficult due to fire, power interruptions or interference by a third party
•when otherwise deemed necessary by TWINManga
Article 14 Disclaimer
When obligated to provide notification to you, TWINManga will fulfill this obligation by forwarding notification to the e-mail address registered by you. Similarly, product shipment obligations following the purchase of products will be fulfilled by shipping said products to the address provided by you.
TWINManga will not be held responsible for any damages whatsoever incurred by you as result of inability to use the Service. By performing its duties and obligations in accordance with information registers by members, TWINManga will not be held liable for any damages incurred as a result of using the Service. TWINManga will not be held liable for any damages whatsoever (all losses including emotional distress and financial loss) resulting from use of the Service (including the provision of information by TWINManga in line with use of the Service), provided that there is no intention or gross negligence on the part of TWINManga.
If, through use of the Service, you cause damages to other users or a third party, you accept responsibility to resolve the same at your own expense and agree not to involve TWINManga in any way whatsoever.
You agree to bear all costs required to install the necessary computer and telecommunications equipment, telephone costs, LAN fees and application fees required to use the Service.
You acknowledge that browsers required to use the Service must be Internet Explorer7 or later, Fire Fox3 or later or Safari3 or later. TWINManga will not be held responsible in any way whatsoever and will not respond to any inquiries regarding problems with screen displays resulting from the use of browsers other than those listed above.
In the event that TWINManga is liable, liability shall be limited to direct and/or general damages provided that there is no intention or gross negligence on the part of TWINManga.
Article 15 General provisions
In principle, communication between TWINManga and you shall be made by e-mail or telephone.
You agree to discuss with TWINManga in good faith and resolve any problems that arise in connection with use of the Service that cannot be resolved through these Terms of Use.
You agree to bear the cost of attorney’s fees in accordance with attorney remuneration regulations outlined by TWINManga in the event that TWINManga employs the services of an attorney in order to claim for and collect payment of damages resulting from failure to pay for purchased products or a breach of any of the terms and conditions of these Terms of Use.