[MITSUKOSHI ISETAN JAPAN Application Terms and Conditions]
Article 1 (Purpose)
1. The purpose of the MITSUKOSHI ISETAN JAPAN Application Terms and Conditions (the "Terms and Conditions") is to set forth terms, conditions, and other matters concerning the use of the MITSUKOSHI ISETAN JAPAN Application (the “Application”) provided by Mitsukoshi Isetan Group (the "Group").
2. Users of the Application (the "Users") shall fully understand and agree to the contents of the Terms and Conditions prior to using the Application.
Article 2 (Permission for Use and Attribution of Rights Regarding the Application)
1. Subject to User’s compliance with the Terms and Conditions, the Group grants to the User a non-exclusive, revocable, and non-transferable right to use the Application exclusively on User’s smartphone, tablet, or other device for the purpose of using services provided by the Application or for viewing information free of charge.
2. All copyrights, trademarks, design rights, patent rights, and other intellectual property rights, know-how, and other intellectual property related rights pertaining to the Application ("Intellectual Property Rights") shall belong to the Group or to a third party who has granted a license to the Group.
3. The Terms and Conditions do not transfer or grant to Users any Intellectual Property Rights or other rights regarding the Application, other than allowing Users to use the Application within the extent of the rights set forth in Paragraph 1.
Article 3 (Usage Fee for the Application)
The use of this application is free of charge, but the Users shall bear any communication costs and any other costs related to the use of the Application.
Article 4 (Disclaimer)
1. The Group does not guarantee that the Application is free from errors, bugs, malfunctions, interruptions, or other non-conformities.
2. The Group does not guarantee that the Application supports all OS versions and models of smartphones, tablets, and other devices.
3. The Group does not guarantee that the Application does not infringe on any Intellectual Property Rights or any other rights of third parties.
4. The Group does not guarantee the accuracy, currentness, or completeness of the information pertaining to the stores listed in the Application.
5. The Group makes no guarantee whatsoever with respect to websites operated by third parties with links in the Application, and assumes no responsibility for any damage whatsoever arising from the contents of these websites and their use.
6. The Group shall not be liable for any damages incurred by Users or third parties due to, or in connection with, the Application, such as the use of the Application (for whatever reason, including but not limited to infection with viruses) or the unavailability of the Application (for whatever reason, including but not limited to stoppage, suspension, interruption, or restriction of use of the Application, termination of the Application and services through the Application, malfunction of the Application, or communication line failure), or change of the Application or services provided through the Application. Provided, however, that this shall not apply to cases where such damages are caused by breach of contract or tort of the Group.
7. Even in cases where the Group is liable to Users or third parties for damages caused by, or in connection with, the Application, the extent of damages to be compensated shall be limited to normal and direct damages, and shall not include damages arising from special circumstances, indirect damages, or lost profits (including but not limited to loss of income or revenue, business, profit or contract, anticipated savings, data, reputation, waste of management time and working time, or any other type of loss or damage) except in cases where the damage is caused by the willful misconduct or gross negligence of the Group, or due to infringement of the life or body of the Users.
Article 5 (Prohibited Conduct)
1.The following conduct is prohibited when the Users use the Application:
(1) Conduct that infringes the Intellectual Property Rights, portrait rights, privacy, or other rights of the Group or any third party, or conduct that has these risks.
(2) In addition to the preceding item, any conduct that causes disadvantage or damage to the Group or any third party, or conduct that has these risks.
(3) Use of the Application for a wrongful purpose or for profit.
(4) Conduct to reproduce, adapt, change, alter, modify, edit, distribute, reverse engineer, decompile, or disassemble all or a part of the Application.
(5) Use or provision of harmful programs or files such as viruses through, or in connection with, the Application.
(6) Conduct to transfer, lease, or succeed to Intellectual Property Rights, collateralize the Application itself, or other rights relating thereto to third parties, regardless of whether or not compensation is received.
(7) Conduct that violates laws and regulations or are against public order and morals, or conduct that has these risks.
(8) Providing support to the interests, and other cooperative conduct with, anti-social forces.
(9) Conduct that violates the Terms and Conditions or any other rules of the Group, or conduct that has these risks.
(10) Conduct that harms the reputation of the Group, or conduct that has these risks.
(11) In addition to the preceding items, any conduct deemed inappropriate by the Group.
2. In the event the Group deems that a User has committed, or is likely to commit, any conduct that falls under the items listed in Paragraph 1, the Group may take measures such as suspending the use of the Application by that user without prior notice, as deemed necessary by the Group.
Article 6 (Handling of Personal Information)
The Group handles the Users personal information and other information related to the Users in accordance with the "Handling of Personal Information in Mitsukoshi Isetan Group’s Services for Foreign Visitors."
（https://cp.mistore.jp/global/terms/service/eu.html）
and other rules concerning the handling of personal information and their Cookies policy (https://www.imhds.co.jp/en/cookie_policy/index.html
https://www.imhds.co.jp/ja/cookie_policy/index.html), as stipulated by the Group.https://www.imhds.co.jp/ja/cookie_policy/index.html
Article 7 (Suspension of Use of the Application)
1. The Group may stop, suspend, or interrupt the use of the Application after notifying Users in advance by posting the information in the Application. Provided, however, that in the event of an emergency, the Group may stop, suspend or interrupt the use of the Application without prior notice in the event that it is considered by the Group that any of the following items applies:
(1) When maintenance of the operation equipment of the Application is scheduled.
(2) When telecommunications carrier service is not provided.
(3) In the event of a natural disaster, incident, other emergency, or in the event of a serious failure pertaining to the operation of the Application.
(4) In the event the operation of the Application becomes impossible due to laws and regulations or measures based thereon.
(5) Other cases where the Group deems that the use of the Application needs to be stopped, suspended, or interrupted.
2. The Group may terminate the provision of the Application and all or a part of services through the Application without the prior or ex post consent of Users. In the event of termination, the Group shall announce the termination in advance on the Application.
3. The Group may at any time change the Application and the services provided through the Application without prior notice to the Users.
Article 8 (Changes to the Terms and Conditions)
1. In the event of any change to the Terms and Conditions, the Group shall determine the effective date of the amendment and announce the amendment and the corresponding contents of the amended Terms and Conditions, as well as the effective date, by posting them in the Application. The amended Terms and Conditions shall become effective upon the arrival of the effective date.
2. If the User uses the Application after the posting of the amended Terms and Conditions as provided in the preceding paragraph, the User shall be deemed to have agreed to the revised Terms and Conditions.
Article 9 (Governing Law and Court of Proper Jurisdiction)
All matters related to the Terms and Conditions and the use of the Application shall be governed by the laws of Japan. In the event of any dispute between the Group and the Users in connection with the Terms and Conditions, as well as the use of the Application, the Tokyo District Court shall assume exclusive jurisdiction as the court of first instance.
Supplementary Provisions
1.The Terms and Conditions shall become effective on 26th day of 3, 2025.
2.Amendment: