BIZIT M&A Referral Program - Terms of Use – BIZIT M&A FAQ

These Terms of Service provide for the conditions for participating referral program related to the BIZIT M&A (the “BIZIT M&A” or the “System”) (the “BIZIT M&A Referral Program” or the “Program”), provided by BIZIT inc. (“Our Company”). Each and every participant of the Program (a “Program Participant”) shall, prior to participating the Program, read carefully these Terms of Service and the privacy policy as separately provided for by Our Company (the “Privacy Policy”), and if a Program Participant participates the Program, such Program Participant shall be deemed to have accepted all the contents of these Terms of Service. If a Program Participant does not accept these Terms of Service, such Program Participant may not participate the Program and in such case, please immediately discontinue participating the Program and using the System. In addition, these Terms of Service shall apply not only to the Program Participants but also to the Program Participating Applicants (as defined in Article 5 of these Terms of Service) and a Program Participating Applicant shall be deemed to have accepted all the contents of these Terms of Service upon applying for Program Participant registration.

Article 1. (Scope of Terms of Service)

These Terms of Service apply to the browsing of Our Company’s website related to the Program and the System (the “Company Website”) and Our Company’s information provision to the Program Participants related to the Program and the System through an e-mail or other means as well as the participation in the Program and the use of the System in general.
If there is an individual agreement (the “Individual Agreement”) between Our Company and each Program Participant other than these Terms of Service, the provisions of such Individual Agreement shall supersede these Terms of Service.

Article 2. (Contents of the System)

The BIZIT M&A Referral Program is a program Our Company pays referral fees when a Program Participant introduces the BIZIT M&A member applicants or Program Participating Applicants of the BIZIT M&A Referral Program to Our Company using URL for referral posted in the Company Website accessing through the Internet with electronic devices such as personal computers, smartphones or mobile terminal devices and meet the conditions as separately provided for by Our Company. In order to participate in the Program, you shall be registered as a participant of the Program pursuant to Article 5 of these Terms of Service.
When introducing a Program Participating Applicant using URL for referral, you shall use the URL for referral as posted exactly in the Company Website. If the URL is edited or processed, it shall not be deemed as a referral.
The payment conditions for the referral fees will be decided at Our Company’s discretion and be notified to Program Participants on the Company Website.
If the Program Participant commits a fraud or is suspected of committing a fraud or Our Company decided that investigation was necessary, Our Company may suspend the payment of referral fees to the Program Participant until necessary investigation has ended. In such case, Our Company shall not bear any liability including damages of the Program Participant or any other third parties.
Our Company makes final decision on whether it pays referral fees on actions by Program Participants or not, the amount of the payment or any other payment of referral fees, and Program Participants shall comply with it.

Article 3. (Rank Etc.)

Our Company may rank Program Participants according to the criteria decided at Our Company’s discretion aimed at providing services for the referral results of Program Participants and they shall agree on this. Our Company shall not be obliged to disclose the criteria of the rank.

Article 4. (Posting of Business Assets)

Our Company shall pay the amount of referral fees arisen by the end of each month according to notified conditions pursuant to Paragraph 3 of Article 2 of these Terms of Service deducted bank charge to the account designated by the Program Participant by the end of the following month, provided that Our Company may carry over the payment of the referral fees if the amount of the referral fees is less than 1,000 USD, and the same shall apply thereafter. In addition, the payment of the referral fees will be suspended until the account information is properly registered if the Program Participant does not register its account information or the information is imperfect. The account Program Participants may designate shall be the name of the Program Participant (if the Program Participant belongs to a Legal Entity, it will be the Legal Entity and if the Program Participant is a sole proprietor, the name of account may include a business name.) and Our Company may suspend the payment of the referral fees until the account information of the name is properly registered.
If Our Company may not process payment due to the imperfect account information registered by Program Participants, they shall bear charges for returning money or any other charges given by financial institutions.
If Our Company canceled Program Participant registration pursuant to Article 10 of these Terms of Service or Program Participants withdrew from the Program pursuant to Article 11 of these Terms of Service, they lose their claims for unpaid referral fees.
Program Participants shall not assign or create a pledge on their right for referral fees to a third party.
If the Program terminated pursuant to Article 14 of these Terms of Service, Program Participants lose their claims for unpaid referral fees regardless the cause of termination.
Our Company pays referral fees in USD except for Our Company’s prior written consent. When the referral fees are paid in any currency other than USD, Our Company will pay the amount of payment currency calculated based on the foreign exchange rate index (https://www.federalreserve.gov/releases/h10/current/default.htm) on the day before the payment day of referral fees published on the website of Board of Governors of the Federal Reserve System after deducting bank charge.

Article 5. (Amendment, etc. to Registered Information/Business Assets Information/Company Manager/Deal Manager)

Any person who desires to participate the Program (a “Program Participating Applicant”, who shall become a Program Participant upon completing Program Participant registration under this Article) is required to apply for Program Participant registration by entering necessary information, through a method prescribed by Our Company, on the Company Website for the Program.
Persons eligible to become a Program Participant are: a juridical person, a partnership, an administrative agency or other entity (a “Legal Entity”), a person who belongs to a Legal Entity or a sole proprietor who has networks to introduce the BIZIT M&A and the Program to a person who is appropriate for the BIZIT M&A member or participants for the Program. If such Program Participating Applicants belong to a Legal Entity, they need to obtain the consent of the said Legal Entity, these Terms of Service apply to the Legal Entity and the Program Participants who belong to Legal Entity shall be liable for actions of the Legal Entity.
In applying for Program Participant registration, a Program Participating Applicant shall confirm and agree to each of the following items:

The Program Participating Applicant shall at its own cost and responsibility construct a communication environment under which it may use the Program and the System;
Our Company shall have no responsibility for the use of the Program and the System and the result of the use and the Program Participating Applicant shall at its own responsibility and cost settle any disputes among other Program Participants, the BIZIT M&A members or any other third party.
If the Program Participating Applicant belongs to a Legal Entity, then such Legal Entity shall have consented thereto;
If the Program Participant is a sole proprietor or belongs to a Legal Entity and is a BIZIT M&A Referral Program Manager as defined in Paragraph 5 of this Article, then such Program Participant shall be fully responsible for his/her own registered information or the registered information of the Legal Entity to which he/she belongs;
If the Program Participant is a BIZIT M&A Referral Program Manager, and such Program Participant is subject to an order of temporary suspension from use of the Program or cancellation of Program Participant registration pursuant to Article 10 of these Terms of Service, or withdraws from the Program pursuant to Article 11 of these Terms of Service, then the other Program Participants who belong to the Legal Entity to which such Program Participant belongs are suspended the use of the Program, until the BIZIT M&A Referral Program Manager is replaced by another Program Participants pursuant to Paragraph 2 of Article 6 of these Terms of Service;
If the Program Participating Applicant is an officer or employee of a Legal Entity, Our Company shall have no responsibility for any disputes among the Program Participating Applicant and the Legal Entity;
Our Company shall not guarantee that e-mails to be sent to the Program Participants by Our Company do not include a computer virus or any other harmful item;
To improve the quality of the customer support’s responses, Our Company may record, voice-record and keep the contents of the inquiries made to Our Company, etc.;
The Program Participating Applicant shall confirm and consent to these Terms of Service and the Privacy Policy;
Any and all documents submitted to Our Company shall be true originals or true and accurate copies thereof, and any and all information to be submitted to Our Company shall be true and accurate;
If the Program Participant is an officer or employee of a Legal Entity, and the Program Participants resigns from such Legal Entity, and, if such Legal Entity requests Our Company to cancel the Program Participant registration of the Program Participant, then Our Company may cancel the Program Participant registration of the Program Participant pursuant to Article 10 of these Terms of Service;
The Program Participating Applicant shall not conduct the prohibited matters as provided in Article 9 of these Terms of Service;
If the Program Participating Applicant is a minor, a legal representative such as a person who has parental authority has consented thereto;
The Program Participating Applicant shall be liable for compensating for any and all damage (including those suffered by Our Company) incurred by breaches of these Terms of Service by the Program Participating Applicant; and
If any dispute arises among the BIZIT M&A member applicant introduced by the Program Participant or the Program Participating Applicant, Our Company shall have no responsibility for the dispute and the Program Participating Applicant shall at its own responsibility and cost settle the dispute.

Even when applying or after applying for a Program Participant registration, a Program Participating Applicant shall, upon Our Company’s request, submit or present to Our Company the identification documents separately designated by Our Company through a method separately designated by Our Company.
If a Program Participating Applicant is an officer or employee of a Legal Entity, and there is no officer or employee of such Legal Entity who is a Program Participant of the System at the time of the application for a Program Participant registration by such Program Participating Applicant, such Program Participating Applicant shall become a responsible person for the registered information of the BIZIT M&A Referral Program (a “BIZIT M&A Referral Program Manager”) upon the completion of a Program Participant registration under Paragraph 10 of this Article. And when there is no officer or employee of such Legal Entity among BIZIT M&A members at the time of the application for a Program Participant registration by such Program Participating Applicant, such Program Participating Applicant shall become a responsible person for the registered information of such Legal Entity (a “Company Manager”) upon the completion of a membership registration under Paragraph 10 of this Article.
If a Program Participating Applicant is a minor, the application for a Program Participant registration shall be made with the consent of his/her legal representative, and, upon the application for a Program Participant registration under this Article, the legal representative’s written consent thereto shall be submitted or presented to Our Company, upon Our Company’s request, through a method separately designated by Our Company.
If a Program Participating Applicant is a sole proprietary, the Program Participating Applicant shall, upon Our Company’s request, submit or present the documents evidencing its business which is related to the Program through a method separately designated by Our Company.
A Program Participant registration shall be deemed completed upon Our Company’s notice of completion by the e-mail to the Program Participating Applicant.
If any of the following events occurs, Our Company may reject the application for Program Participant registration by a Program Participating Applicant, and even if Program Participant registration has been completed with respect to a Program Participant, Our Company may terminate such Program Participant registration:

If the Program Participating Applicant (including a Legal Entity to which the Program Participating Applicant belongs if the Program Participating Applicant is an officer or employee of such Legal Entity; the same shall apply hereinafter in this Paragraph) does not actually exist;
If the Program Participating Applicant makes a false statement, or there are errors or omissions in its statement upon the Program Participant registration;
If the registration of the Program Participating Applicant has been terminated by Our Company in the past;
There is a dispute pending between the Program Participating Applicant and Our Company;
If the bank account, credit card or other payment service specified by the Program Participating Applicant does not exist or the use thereof is suspended;
If the Program Participating Applicant has failed to pay any amount in the past;
If the Program Participating Applicant is an officer or employee of a Legal Entity and the consent of such Legal Entity has not been obtained;
If the Program Participating Applicant is an adult ward (seinen hi koukennin), a person under curatorship (hi hosanin) or a person under assistance (hi hojonin);
If the Program Participating Applicant is a minor and upon applying for a Program Participant registration, the consent of a legal representative has not been obtained;
If the Program Participating Applicant is a sole proprietary, its business is not related to the Program;
If it is known or Our Company recognizes the possibility, that the Program Participating Applicant or (if the Program Participating Applicant is a Legal Entity) its officer or employee, shareholder, equity holder or any other person who belongs to the Applicant is an organized crime group (boryokudan), an organized crime group member (boryokudan in), a quasi-member of an organized crime group (boryokudan junkouseiin), a company related to an organized crime group/organization (boryokudan kanren kigyou), corporate racketeers (sokaiya), a criminal operator in the name of social activity/political activity (shakaiundou/seijikatsudou hyoubou-goro), a crime syndicate with special intelligence (tokushu chinou boryoku shudan) or other anti-social forces;
If the Program Participating Applicant files, or if any third party files with respect to the Program Participating Applicant, for the commencement of a proceeding for an attachment, provisional attachment, provisional injunction, public auction, bankruptcy, civil rehabilitation, special liquidation or corporate reorganization, or if the Program Participating Applicant is subject to a delinquent tax collection procedure (sozei taino shobun);
If the Program Participating Applicant is subject to a penalty due to dishonoring promissory notes or checks, or it is insolvent;
If the Program Participating Applicant interferes with the operation of the Program or the System;
If the Program Participating Applicant commits a fraud or is suspected of committing a fraud such as fraudulent solicitation; or
If Our Company otherwise determines that the Program Participating Applicant is not appropriate to be a Program Participant.

A Program Participating Applicant may participate the Program as a Program Participant from the date (the Program Participant registration date) on which the Program Participating Applicant receives the notice of completion by the e-mail as provided in Paragraph 8 of this Article.
E-mail address and password used for a Program Participant registration and other information necessary for the login (the “Passwords and Other Information”) shall be safely kept by Program Participants. If the Passwords and Other Information entered upon login are identical with the registered Passwords and Other Information, then Our Company may consider that any and all activities made through the Program are conducted by the Program Participant itself.
A Program Participant shall change its password periodically on the Company Website. In addition, a Program Participant shall logout whenever the Program Participant completes its browsing of the Company Website after its login.
A Program Participant shall not allow any third party to use or share the Passwords and Other Information, and a Program Participant shall not transfer, lease or otherwise permit to have an interest in the Passwords and Other Information to any third party.
If a Program Participant forgets its Passwords and Other Information or suspects an improper use thereof by a third party, then the Program Participant shall promptly notify thereof to Our Company and follow Our Company’s instructions. In addition, the Program Participant shall be liable for compensating for any and all damage suffered by Our Company due to the delay of such notice, etc.

Article 6. (Amendment, etc. to Registered Information/Company Manager/BIZIT M&A Referral Program Manager)

If a Program Participant’s own registered information is changed (including in cases where the identification documents submitted to Our Company are amended or updated), then the Program Participant shall implement the procedures for amending the registered information, without delay, through a method prescribed by Our Company, and shall submit the amended or updated identification documents through a method separately designated by Our Company.
If a Program Participant is a Company Manager or BIZIT M&A Referral Program Manager and if the registered information of the Legal Entity to which the Program Participant belongs is changed (including in cases where the identification documents submitted to Our Company are amended or updated), then the Program Participant shall implement the procedures for amending the registered information, without delay, through the method prescribed by Our Company and shall submit the amended and updated identification documents through a method separately designated by Our Company.
A Program Participant who is a Company Manager may, through a method designated by Our Company, transfer his/her status as the Company Manager to another Program Participant who is an officer or employee of the Legal Entity to which the Program Participant belongs, as a substitute for the Program Participant himself/herself or add such other Program Participant as an additional Company Manager, subject to the consent of such other Program Participant.
A Program Participant who is a BIZIT M&A Referral Program Manager may, through a method designated by Our Company, transfer his/her status as the BIZIT M&A Referral Program Manager to another Program Participant who is an officer or employee of the Legal Entity to which the Program Participant belongs, as a substitute for the Program Participant himself/herself or add such other Program Participant as an additional BIZIT M&A Referral Program Manager, subject to the consent of such other Program Participant.
If a Program Participant delays implementing amendment procedures pursuant to this Article and as a result it interferes the Program Participant’s use of the Program or the System or cause the Program Participant to suffer any damage, etc. therefrom, Our Company shall not be responsible therefor.

Article 7. (Availability Participation Period of the Program)

A Program Participant may participate the Program during the period from the date of commencement of participation of the Program until the Withdrawal Date (as defined in Article 11 of these Terms of Service) or termination of the Program pursuant to Article 14 of these Terms of Service, whichever comes earlier.

Article 8. (Confidentiality Obligations)

A Program Participant shall not disclose any unpublished information obtained through the System to any third party unless it obtains the prior written consent of Our Company.

Article 9. (Prohibited Activities)

In using the System, a Program Participant shall not perform any of the activities prescribed below:
1. To transfer the right to use the System to third parties;
2. To transfer, lease or otherwise permit to have an interest in the Passwords and Other Information to third parties, or allow third parties to use or share the Passwords and Other Information with third parties;
3. To infringe the business, honor, credit, copyright, patent right, utility model right, design right, trademark right, portrait right or privacy of Our Company, other Program Participants (including Program Participating Applicants; the same shall apply hereinafter in this Paragraph), the BIZIT M&A members or any other third parties;
4. To conduct activities illegally or against public policy;
5. To interfere with the operation of the Program and the System;
6. To solicit or encourage other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to conduct illegal activities;
7. To conduct activities that have other Program Participants, BIZIT M&A members, employees of Our Company or other third parties suffer economic or mental damage or losses;
8. To conduct criminal activities or activities leading to criminal activities;
9. To look into any information related to the privacy or trade secrets of other Program Participants, BIZIT M&A members, employees of Our Company or other third parties which is not disclosed on the Company Website;
10. To solicit other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to join a religious group, political organization, multilevel marketing system, etc., or to conduct election campaign activities;
11. To solicit other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to work at a service or enterprise which may compete with Our Company;
12. To solicit other Program Participants, BIZIT M&A members, other third parties or Our Company to obtain personal benefits, or to conduct activities which may harm their rights or credit;
13. To submit false statements on the Program or post on the System any false statements;
14. To use a security vulnerability or a bug, make an illegally access, make an artificially heavily loaded access, falsify or delete information in the System and/or on the Company Website, or to make an unauthorized access to another company’s facilities, or the System or the facilities of the Company Website, or any activity which interferes with the use or operation of such facility;
15. To send, or enable third parties to receive, a computer virus or any other unjust programs;
16. To make posts that do or may slander other Program Participants, BIZIT M&A members, other third parties or the business assets posted on the System without any justifiable reasons;
17. To make posts, etc. that are false, untrue or do not have concrete factual backgrounds;
18. To conduct activities that are, or may be, in violation of any laws or regulations;
19. To make a statement offensive to or threatening Our Company’s customer support personnel, or to hinder the process of our customer support activities;
20. To offer any services based on all or part of the Program or the System;
21. To conduct activities that are in violation of confidentiality obligations pursuant to Article 8 of these Terms of Service;
22. To use information concerning personal privacy of a natural person who is a third party based on the use of the Program or the System, or provide such information to another third party, without obtaining the consent of such natural person;
23. To introduce to Legal Entities who have already registered the BIZIT M&A or the Program and encourage registration for BIZIT M&A members or Program Participant of the Program as a new Legal Entity; and
24. To conduct any other activities that Our Company determines inappropriate.
If Our Company or any third party suffers any damage arising from any activity which is in violation of the preceding Paragraph, the Program Participant shall, even after cancellation of its Program Participant registration or its withdrawal from the Program, assume all legal responsibilities and have Our Company exempted from bearing any such responsibilities.

Article 10. (Disciplinary Action)

If any of the following events occurs, Our Company may, without giving any advance notice, temporarily suspend the Program Participant’s use of the Program or the System or cancel the registration of the Program Participant, and Our Company shall not bear any and all responsibility to the Program Participant for taking such actions and not be liable to disclose reasons of these actions:
1. If any of the events as provided in Paragraph 9 of Article 5 of these Terms of Service occurs;
2. If the Program Participant conducts any of the prohibited acts as provided in Article 9 of these Terms of Service;
3. If the Program Participant violates any of the provisions of these Terms of Service;
4. If the Program Participant delays or fails to make payment to Our Company;
5. If the Program Participant fails to follow any material instructions, etc. provided by Our Company upon using the Program or the System;
6. If the Program Participant harms or may harm the credit of Our Company;
7. If the Program Participant is an officer or employee of a Legal Entity and when such Program Participant leaves the Legal Entity to which he/she belongs, and the said Legal Entity requests the cancellation of the registration of Program Participant of such Program Participant;
8. If the Program Participant files, or if any third party files with respect to the Program Participant, for the commencement of proceedings for any of attachment, provisional attachment, provisional injunction, public auction, bankruptcy, civil rehabilitation, special liquidation or corporate reorganization, or if the Program Participant is subject to the delinquent tax collection procedure (sozei taino shobun);
9. If the Program Participant is subject to a penalty due to dishonoring promissory notes or checks, or it is insolvent;
10. If the Program Participant abolishes its business or commences its liquidation procedure, or when such abolishment or liquidation is likely to occur;
11. If the Program Participant assigns all or a material part of its business to a third party;
12. If the Program Participant’s business environment is substantially changed due to its merger, etc.;
13. If Our Company may not contact the Program Participant, even though Our Company tries to contact the Program Participant at the contact address registered by the Program Participant for a certain period of time in a manner deemed reasonable;
14. If it is known or Our Company recognizes the possibility, that the Program Participant, the Legal Entity to which the Program Participant belongs, (if the Program Participant is a Legal Entity) its officer or employee, shareholder, equity holder or any other person who belongs to the Program Participant is an organized crime group (boryokudan), organized crime group member (boryokudan in), a quasi-member of an organized crime group (boryokudan junkouseiin), company related to an organized crime group/organization (boryokudan kanren kigyou), corporate racketeers (sokaiya), a criminal operator in the name of social campaign/political activity (shakaiundou/seijikatsudou hyoubou-goro), a crime syndicate with special intelligence (tokushu chinou boryoku shudan) or other anti-social forces;
15. If the Program Participant, the Legal Entity to which the Program Participant belongs, (if the Program Participant is a Legal Entity) its officer or employee, shareholder, equity holder or any other person who belongs to the Program Participant engages in, by itself or through a third party, a violent activity, deception, threatening activity, business obstruction or any other illegal activities, or any activities that are likely to constitute such activities; or
16. If Our Company otherwise determines that the Program Participant’s use of the Program or the System is inappropriate.

Article 11. (Withdrawal)

Withdrawal means a suspension of a Program Participant’s participation of the Program and termination of its status of Program Participant. A Program Participant shall be disqualified from the date on which the withdrawal procedure is completed pursuant to Paragraph 3 of this Article (the “Withdrawal Date”). From the following the Withdrawal Date, the Program Participant shall lose any and all rights concerning the participation to the Program and may not make any claims whatsoever to Our Company.
When a Program Participant desires to withdraw from the Program, the Program Participant shall apply for such withdrawal in a method prescribed by Our Company.
The withdrawal procedure by a Program Participant shall be completed at the time Our Company confirms the application for withdrawal by the Program Participant pursuant to the preceding Paragraph and notifies the Program Participant by an e-mail, etc. to the effect that the procedure has been completed. In principle, such withdrawal procedure shall be deemed completed on the following business day of the date which the application for withdrawal was made pursuant to the preceding Paragraph.
Unless otherwise requested from the Program Participant, Our Company shall delete the registered information of the Program Participant after a certain period prescribed by Our Company after the withdrawal of such Program Participant. For avoidance of any doubt, Our Company shall not return any documents or electronic data, etc. that it has received from the Program Participant.
If any damage is incurred by Our Company or a third party due to the acts, etc. of the Program Participant, then the Program Participant shall, even after the withdrawal, bear all legal responsibilities and shall hold Our Company indemnified in any event.

Article 12. (Notice)

Any notices to be made by Our Company to the Program Participant shall be made by posting such notice on the Company Website or by sending such notice by an e-mail to the e-mail address included in the registered information of the Program Participant (the “Designated E-mail Address”), and the notice shall be deemed completed at the time such notice is posted on the Company Website (in case of posting on the Company Website) or at the time such e-mail is dispatched (in case of sending an e-mail), as the case may be.
The Program Participant shall configure the various settings concerning the Designated E-mail Address so that it may receive e-mails from Our Company (domain name: mail.biz-it.co).
When Our Company sends material information concerning the Program or the System by an e-mail, such notice shall be deemed completed at the time such e-mail is dispatched even if the Program Participant has configured his/her e-mail address to reject all e-mails from Our Company.
If an e-mail from Our Company does not reach the Program Participant due to any deficiencies or errors in the Designated E-mail Address or the Program Participant’s failure to change the e-mail receipt settings, Our Company shall not bear any responsibility for such non-delivery of notices. The Program Participant shall bear all legal responsibilities arising from such non-delivery of notices (including, but not limited to, liabilities for payment of damages, etc.), and shall hold Our Company exempted from such responsibilities in any event.

Article 13. (Handling of Registered Information)

Our Company shall treat all registered information of the Program Participant as personal information, and use such information only for the purposes prescribed in the Privacy Policy.
Except as otherwise prescribed in the Privacy Policy, Our Company shall not disclose the registered information of a Program Participant to a third party without prior consent thereto by the Program Participant.

Article 14. (Change, Suspension and Termination of the Program or the System)

Our Company may change the contents of the Program and the specifications of the System based on Our Company’s discretionary judgment without giving any notice. Even if Our Company changed them, arisen referral fees will be dealt with under the content of the Program before the change except for the case Our Company may not pay the referral fees due to the legal amendment or the change of legal interpretation.
Our Company may suspend or terminate the System by posting on the Company Website or giving notices by an e-mail to the Program Participants, in advance, whether for the maintenance of the System, change in specifications of the System or otherwise. Furthermore, when it is difficult to provide the System due to a communication failure, domestic or international political situation or natural disaster, etc., failure of the platform server, etc., or failure at the provider, or for any other unavoidable reasons, the System may be suspended without prior notice, and Our Company shall not assume any responsibility therefor.
In the case Our Company maintains the System or changes the contents of the System, the continuation of the Program becomes difficult to maintain due to the legal amendment or the change of legal interpretation or any other unavoidable matters arises, Our Company may suspend or terminate the Program at its own discretion, and Our Company shall not assume any responsibility therefor.

Article 15. (Liability for Damages)

If the Program Participant (including, when the Program Participant is an officer or employee of a Legal Entity, the Legal Entity to which the Program Participant belongs) violates any of these Terms of Service, Our Company may claim the Program Participant to compensate for the damage and/or loss directly and/or indirectly incurred as a result of such violation.
The maximum amount of damages to be paid by Our Company to the Program Participant due to any deficiencies or defects, etc. of the System shall not, in any event, exceed the amount of the service fees paid by the Program Participant.

Article 16. (Copyright and Ownership Right, Etc.)

All copyrights or any other intellectual property rights and ownership rights regarding trademarks, logo marks, descriptions, program or other data, etc. concerning the Program or the System shall belong to Our Company. The Program Participant shall not use such trademarks, etc. or reprint them in magazines or other websites without the prior consent of Our Company.
The Program Participant shall guarantee that the copyrighted work provided by the Program Participant with Our Company does not infringe upon any intellectual property rights, portrait rights, rights to privacy or any other rights of a third party and that the Program Participant has the authority to give permission to Our Company to use the copyrighted work.
If the Program Participant violates any of Paragraphs 1 and 2 of this Article, Our Company may take the relevant measures under the Copyright Act or the Trademark Act, etc. (e.g., warning, complaint, claim for damages, claim for injunction, claim for measures to restore honor, etc.), or may claim compensation for the damages that Our Company incurred due to claims from a third party.

Article 17. (Disclaimer)

The Program Participants agree in advance that Our Company shall not bear any liability for damages arising from or in connection with each of the following items:

Any issues arising between the Program Participants (including the Program Participating Applicants; the same shall apply hereinafter in this Paragraph), BIZIT M&A members (including BIZIT M&A member applicants; the same shall apply hereinafter in this Paragraph) or any other third parties;
Any issues with a third party concerning the information provided by the Program Participant with Our Company on the Program or the matters that the Program Participant describes on the System;
The use of the Program or the System by a person competing with the Program Participant;
The fact that the information disclosed by the Program Participant was untrue or inaccurate;
A delay in payment of referral fees due to defects or issues, etc. with respect to the services provided by each bank or due to the imperfect account information registered by the Program Participant;
A third party’s unauthorized access to or unauthorized modification of data of a Program Participant or any other acts by a third party;
When the Program or the System cannot be used due to defects of the communication devices of the Program Participant, such as defects and issues, etc. of the services provided by a business partner of Our Company;
When the Program or the System cannot be used due to excessive access, a failure of communication lines or any other unexpected factors;
When the Program or the System cannot be used due to a cause not attributable to the willfulness or gross negligence of Our Company;
When any damage incurs due to a virus infection originating from files, etc. that the Program Participant received or opened at its own responsibility;
When the use of the System is interrupted, delayed or cancelled, etc. due to the failure of a communication line or communication device, etc.;
When the Program or the System cannot be used due to the loss of or inability to use the Passwords and Other Information;
The completeness, accuracy, recency or safety, etc. of all information, links, etc. to be provided on the Company Website;
The content and use, etc. of a website operated by a third party other than Our Company, which links from or on the Company Website;
Any issues arising from the Program Participant’s personal information released on the System;
When the Program or the System is not satisfactorily used; or
Any and all taxes imposed by tax authorities on a Program Participant.

Article 18 (Copyright and Ownership Right, Etc.)

All dates and times used in the System shall be based on Japan Standard Time (GMT+9:00).

Article 19. (Amendment to Terms of Service)

Our Company may amend these Terms of Service without giving any notice to the Program Participant. The amended Terms of Service shall be notified to the Program Participants by posting them on the Company Website or through an application program and an e-mail provided by Our Company. The amended Terms of Service shall be effective and applied from the time such notice is given, and the Program Participant shall agree to the foregoing in advance. Arisen referral fees by the effective date will be dealt with under these Terms of Service before the change except for the case Our Company may not pay the referral fees due to the legal amendment or the change of legal interpretation.

Article 20. (Governing Law and Exclusive Agreed Court of Jurisdiction)

These Terms of Service shall be construed in accordance with the laws of Japan. In addition, with respect to resolution of disputes arising between Our Company and the Program Participant from or in connection with the Program, the System or these Terms of Service, the Tokyo District Court shall be the exclusive agreed court of jurisdiction in the first instance.

Supplementary Provisions

These Terms of Service shall be effective from 21st May, 2018.

Articles in this section