Terms of Use

Terms of Use

Terms of Use

 

This Terms of Use applies to your use of this Website and to your purchase of products on this Website. Please be sure to read the entire text of this Terms of Use and agree hereto before you start using this Website.

 

Article 1 (Definitions)

The following terms used herein shall have the meanings set forth below:

  1. “Website” means the website (domain: [https://basefood.sg/] and [https://shop.basefood.sg]) operated by the Company (as defined below).
  2. “Service” means any and all services (including the sale of products) provided by the Company through this Website. The Website in this regard shall also include the Company's mobile website. This shall also apply even if there is any change in the name of the Service, etc.
  3. “User” means a user of the Service.
  4. “Marks” shall mean the Company's trademarks (whether registered or unregistered), logos, and trade names.
  5. “Company” means BASE FOOD, Inc., a stock company incorporated under the laws of Japan with its head office located in Japan.

 

Article 2 (Use of this Website and Applicability of this Terms of Use)

  1. The necessary environment for internet access is required for use of this Website. The Website is compatible with the latest versions of the following browsers:
  • Microsoft Edge
  • Google Chrome (desktop and mobile versions)
  • Safari
  • Mobile Safari
  1. By accessing and using this Website, you agree to be bound by the terms and conditions of this Terms of Use.

 

Article 3 (User Eligibility)

  1. Users may use the Service on this Website in accordance with this Terms of Use.
  2. In the event that a User is found to fall under any of the following categories, the Company may suspend the use of this Website by such User, or may suspend the delivery of products, etc. in response to the order, etc. placed by the User.
  • If the User does not exist.
  • If there is any falsehood, error, or omission in all or part of the input items (including use of a nickname instead of the real name registered with the government as the Member's (as defined below) registered name).
  • In the event that the User has previously failed to make a payment to the Company.
  • If the User has engaged in disruptive behavior that interferes with the use of this Website by any other Users.
  • If the User violates this Terms of Use or any other terms and conditions set forth by the Company.
  • In any other case that the Company reasonably determines to be inappropriate based on reasonable grounds.
  1. The Company shall not be liable to compensate for any damages incurred by the User or a third party due to the User's inability to use the Service pursuant to the preceding paragraph.

 

Article 4 (Member Registration and Change of Registered Items)

  1. Users may register as a Member by providing information designated by the Company, such as name, address, telephone number, and e-mail address, for the purpose of purchasing products from this Website or receiving e-mail newsletters. The name entered at the time of registration must be a real name recorded with the government, and no nicknames should be used.
  2. Users who have completed member registration (hereinafter referred to as “Member(s)”) may purchase products by entering their registered e-mail address, etc. in subsequent purchase transactions.
  3. The Company reserves the right to deny membership registration if the applicant falls under any of the following categories:
  • if there is any falsehood, error, or omission in all or part of the registration items (including the use of a nickname instead of the real name recorded with the government as the Member's registered name);
  • when the applicant is a minor (under 18 years of age), an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of his/her legal representative, guardian, curator or assistant;
  • if the applicant is a member of antisocial forces (meaning organized crime groups, a member of any organized crime groups, right-wing groups, antisocial forces, or other similar persons; the same shall apply hereinafter) or is involved in any interaction or involvement with antisocial forces through funding or otherwise;
  • if the Company determines that the applicant has violated any contract with the Company in the past or is related to such a violating person; and
  • the Company reasonably determines that the registration is inappropriate based on reasonable grounds.
  1. A Member shall notify the Company of any change in the registered information without delay in a manner prescribed by the Company.

 

Article 5 (Withdrawal from Membership)

If a Member wishes to withdraw from the membership, the Member shall notify the Company of such withdrawal in the manner prescribed by the Company.

 

Article 6 (Password and User ID Management)

  1. One password and one user ID for the Service will be assigned to each Member who has properly completed membership registration. Members shall be responsible for the proper management and storage of their passwords and user IDs.
  2. Members may not allow any third party to use their password or user ID, and may not share, transfer, sell, trade, or pledge their password or user ID to any third party.
  3. If the password and user ID entered by a Member when using the Service are confirmed to match the registered password and user ID by a method prescribed by the Company, the Service will be deemed to have been used by the Member. The Company shall not be held liable for any damages caused by theft, misuse, or other circumstances that may result in the use of the Service by someone other than the Member.

 

Article 7 (Delivery)

  1. The delivery of the products under the Service shall be restricted to the region specified by the Company.
  2. The delivery company shall be responsible for the delivery of the products to Users, and matters related to delivery shall be handled by the delivery company in accordance with the terms and conditions stipulated by the delivery company.
  3. Users shall promptly notify the delivery company of any problems (including delay in delivery and other delivery problems) caused by the delivery company.
  4. Users acknowledge that the delivery date and contents of the products under the Service are not necessarily guaranteed and may differ from the actual situation due to the timing of the order, updates to this Website, inventory status, the convenience of the shipping company or the delivery company, or other reasons.
  5. In the event that a User does not receive the product within the time limit specified by the Company due to any error in the delivery address entered by the User, the User's absence, or the User's failure to receive the product, the User shall be deemed to have transferred the ownership of the said product to the Company free of charge, and the Company may destroy the product or take any other necessary measures.

 

Article 8 (Inability to Deliver)

  1. In the event that delivery of the products by the Company or its subcontractors becomes impossible due to unforeseen weather changes, natural disasters, unforeseen accidents, accidents involving affiliated enterprises, product stock-outs, or any other reasons beyond the Company’s reasonable control, the Company may, at its sole discretion, change the delivery date, deliver substitute products, or take any other measures which the Company deems appropriate.
  2. Users acknowledge in advance that if delivery of the product by the Company becomes impossible, the Company may, at its reasonable discretion based on rational grounds, take measures such as cancellation of the sales contract for the product in question, instead of taking the measures described in the preceding paragraph.
  3. The Company shall not be liable for any damages incurred by the User as a result of the Company’s taking or not taking measures as described in the preceding two paragraphs, based on the Company’s reasonable judgment based on rational grounds.

 

Article 9 (Return and Exchange of Products)

  1. Users, in principle, may not return or exchange the delivered products, except in cases where the products do not conform to the specifications of the contract in terms of quality or quantity (hereinafter referred to as “Non-Conformity”). The Company does not make any additional warranty, implied or express, to the User beyond the liability for Non-Conformity under this Article, including without limitation as to the fitness for a particular or intended purpose or use of the products.
  2. In the event of Non-Conformity of delivered products, the User shall notify the Company of such Non-Conformity on the same day of arrival or the day following the day of arrival of the products in a manner prescribed by the Company.
  3. In the event that the Company deems that the products offered in accordance with the preceding paragraph fall within the Non-Conformity, the Company shall replace the products or deliver substitute products in accordance with the method determined by the Company. In such cases, the Company shall bear the shipping costs for the exchange or delivery of the replacement product.
  4. The Company shall not be liable for any Non-Conformity of the products as stipulated in paragraph 1 of this Article if the quality of the products deteriorates due to long-term storage (including in a delivery box) at a delivery company for the User's convenience or due to any other reason attributable to the User.
  5. Except for reasons attributable to the Company, the Company shall, in principle, charge the User the price of the products, round-trip shipping costs, and other actual costs even if the products are returned due to long-term absence of the User, or the User refusing to receive the delivery of the products.

 

Article 10 (Suspension of Shipment and Relinquishment of Ownership)

  1. In the event of any of the following events, the Company will notify the User of the suspension of shipment, and if the User does not object within a certain period of time specified in the notice, or if the products for the next shipment of a subscription are returned to the warehouse again , the Company will take measures to temporarily suspend shipment, and the User shall be deemed to have agreed to this in advance.
  • When a User is absent for a long period of time or the delivery address is unknown due to which the User is unable to receive the products, and the products are returned to the warehouse one or more times.
  • When a User refuses to receive the products (including cases where the products are returned due to expiration of the storage period at a distribution center), and the products are returned to the warehouse one or more times.
  1. In case a User who has already paid for the products fails to contact the Company within 3 weeks after receiving the notice of suspension of shipment as described in the preceding paragraph, the User shall be deemed to have relinquished ownership of the products, and in such case, the User agrees in advance that the Company will not refund the payment to the User.
  2. The Company shall not be liable for any damages incurred by the User as a result of the suspension of shipments in paragraph 1 or the relinquishment of ownership in paragraph 2 of this Article.

 

Article 11 (Responsibilities of Users)

  1. In the event that a User causes damage to a third party due to reasons attributable to the User, or if a claim or other demand is made by a third party in connection with the User’s use of the Service, the User shall deal with and resolve such claim or demand at his/her own responsibility and expense. The same shall apply when a User suffers damages from a third party or files a claim or other demand against a third party in connection with the use of the Service.
  2. Users shall be responsible for managing the expiration date and consumption date of products provided by the Company through the Service, and the Company shall not be liable for any damages incurred by Users due to the use or consumption of products that have passed their expiration date or consumption date, or due to the management of products.
  3. In the event that a problem arises with a third party due to or in connection with the management of the products, the User shall resolve the problem at his/her own responsibility and expense. In this case, if the Company incurs expenses (including, but not limited to, settlement fees, attorney's fees, etc.) in order to deal with the matter, the User shall compensate the Company for the full amount of such expenses.
  4. In the event that a User violates this Terms of Use, or intentionally or negligently causes damage to the Company, the User shall compensate the Company for such damage.
  5. In the event of a malfunction related to the management of the product, the Company may, at its own reasonable discretion based on rational grounds, recover from the User the equipment and fixtures provided and leased by the Company, as well as the product, and the User shall take all measures necessary to enable such recovery (including, but not limited to, granting the Company with access to the User's premises and removing the equipment and fixtures). In this case, the User shall take all necessary measures to enable such recovery. If the User fails to take such measures, the Company shall not be obligated to compensate the User for any damage or other disadvantage incurred by the User as a result.

 

Article 12 (Provision of Information)

Users shall consent in advance to the provision of product information and other information by the Company by means of e-mail, SMS, postal mail, etc. If a User does not wish to receive product information, etc. from the Company in accordance with this Article, the User may notify the Company to that effect in a manner prescribed by the Company. Upon receipt of such notice from the User, the Company will cease providing product information, etc., in accordance with this Article.

 

Article 13 (Confidentiality)

Users shall not, except with the prior written consent of the Company, disclose or divulge to any third party any information disclosed by the Company to the Users in connection with the use of the Service, which the Company requires to be handled in confidence.

 

Article 14 (Handling of Personal Information)

  1. The Company may ask Users to enter necessary personal information for some of the Services provided on this Website. The handling of Users’ information, including such personal information, shall be governed by the Privacy Policy (URL: [https://shop.basefood.sg/policies/privacy-policy]); hereinafter referred to as the “Policy”) published on the Website. By agreeing to this Terms of Use, the User consents to the Company’s use of the User’s personal information in accordance with the Policy. If a User wishes to request the Company to discontinue the use of User’s personal information in accordance with the Policy, the User must contact the Company in accordance with the manner set forth in the Policy.
  2. The Company may, at its discretion, use and disclose information, data, etc. provided by Users to the Company as statistical information in a form that does not identify individuals, and Users shall not object to such use and disclosure.

 

Article 15 (Prohibited Matters)

  1. Users shall not engage in any of the following acts or acts that may lead to such acts when using the Service:
  • acts in violation of laws, regulations, ordinances, etc., or contrary to public order and morals;
  • acts that infringe on the copyrights, trademarks, design rights, patents, or other intellectual property rights, portrait rights, publicity rights, or other rights of the Company, other Users of the Service, or other third parties, or acts that reproduce images or text from the Website without permission;
  • discriminate, threaten, slander, or defame the Company or other third parties, or damage their credibility or reputation;
  • acts that cause disadvantage or damage to the Company or other third parties;
  • acts of using the Website, etc. by impersonating a third party;
  • transmitting, providing, or recommending harmful programs such as computer viruses;
  • falsifying or deleting information that can be used on this Website, etc. by the Company or other third parties;
  • to use the Company's or any third party's facilities in an unauthorized manner or to interfere with the operation of the Company's or any third party's facilities;
  • use of this Website for any unauthorized purpose;
  • interfering with the operation of this Website or the Company;
  • encouraging or implying the commission of criminal acts or criminal acts;
  • violating this Terms of Use or any other terms and conditions stipulated by the Company;
  • profit sharing with antisocial forces, etc.;
  • use of this Website for political, promotional, or religious purposes; and
  • other acts that the Company deems inappropriate based on reasonable grounds.
  1. In addition to the preceding paragraph, Users are prohibited from purchasing products on behalf of others through this Website or other websites to which the Company consigns sales, reselling them to third parties, or any other similar acts for commercial purposes. If it is found that a User has violated this prohibition, has resold or attempted to resell a product for profit, or is suspected of having a profit-making purpose such as purchasing a large quantity of products or placing orders continuously over a short period of time, the Company reserves the right to terminate the User's membership registration or to refuse to accept any orders after that point at its discretion, and the User agrees to this in advance. The Company shall not be liable for quality assurance, quality control, or any other disputes arising from the resale of products purchased from the retail channel other than this Website and the other websites to which the Company consigns sales.
  2. In the event that the Company suffers any damage as a result of an act falling under each item of paragraph 1 or the preceding paragraph, the Company may demand compensation from the User for damages incurred by the Company.

 

Article 16 (Suspension and Expulsion of Members)

  1. The Company may temporarily suspend a Member's use of this Website, change a Member's password, temporarily suspend a Member's membership, or expel a Member without prior notice or demand, and without obtaining the Member's consent, if any of the following events occur:
  • if a Member illegally uses or causes others to use the Member's registered information (including password) or this Website, etc.;
  • in the event that a Member fails to make payment to the Company;
  • if any false, erroneous, or omitted information is found in all or part of the Member's registered information (including the use of a nickname instead of the real name registered with the government as the Member's registered name);
  • if a Member refuses to pay for a product by the payment method specified by the Company for that Member as a result of the Company’s credit check;
  • if the Company is unable to settle the purchase of a product with the Member's credit card;
  • if a Member uses the card fraudulently;
  • if the purchase of a product is for the purpose of resale;
  • if a Member does not respond to inquiries regarding the order;
  • if a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, or similar legal proceedings is filed against a Member by a third party, or by the Member itself ;
  • if a Member enters the password incorrectly more than the number of times specified by the Company;
  • when information provided through this Website is used in an unauthorized manner;
  • if a Member does not use this Website within the period specified by the Company;
  • if a Member cannot be contacted by means notified by the Member to the Company;
  • if the Company determines that a Member poses a risk of causing damage to the Company or other third parties;
  • if a Member's conduct constitutes obstruction to the Company's business;
  • if a Member engages in any of the prohibited acts specified in the preceding Article;
  • if a Member violates any provision of this Terms of Use or any other terms stipulated by the Company; and
  • if the Company reasonably determines, based on rational grounds, that a Member's use of this Website is inappropriate.
  1. In the event of occurrence of any of the events listed in the preceding paragraph, the Member shall lose the benefit of time for all debts owed to the Company, and must immediately pay all debts owed to the Company.
  2. The Company shall not be liable for any loss or damage incurred by a Member if the Company takes any action stipulated in paragraph 1 due to occurrence of any of the events listed in paragraph 1 of this Article, and shall not compensate the Member in any way.

 

Article 17 (Disclaimer)

  1. The Company shall be deemed to have fulfilled its obligation to deliver products by delivering the indicated products to the shipping address indicated by Users.
  2. In the event that the Company is obligated to notify a User under the Service, the Company shall be deemed to have fulfilled its obligation by sending a notification to the User's registered address, telephone, e-mail address, or to the notification box on a Member's My Page. The Company shall not be liable for any damages incurred by the User due to the failure of such notification to reach the User because the User did not register his/her address, telephone number, or e-mail address in accordance with the method specified by the Company, except in cases where the Company is responsible for such damages.
  3. The Company does not guarantee the accuracy, completeness, usefulness, currency, appropriateness, certainty, operability, or any other aspect of the contents of this Website or information, etc. obtained by Users through this Website. The Company shall not be liable for any damages incurred by Users or third parties as a result of such information.
  4. The websites or pages to which this Website links are provided for informational purposes only, and the Company has not verified the content of such websites or pages. The Company does not guarantee or assume any responsibility for the content of any websites or pages linked to or from this Website. Therefore, the Company shall not be liable for any damage, loss, or other disadvantage resulting from linking to this Website or any of the locations linked to this Website.
  5. The Company makes no warranty of any kind to Users regarding the quality or performance of this Website or any other website. The Company shall not be liable to Users for any suspension, discontinuance, or defect of the Website, etc., or for any loss or damage arising from or in connection with such suspension, discontinuance, or defect (including the loss of input data for any reason).
  6. The Company assumes no liability for any damage incurred by Users resulting from computer viruses or other harmful programs when using the Website.
  7. Except as otherwise provided in this Terms of Use, the Company shall not be liable to Users for any damages incurred by Users arising out of or in connection with the use of this Website, etc.
  8. The Company shall not be liable for any damages caused by a User to other Users or any third party due to or in connection with the use of the Service by the User, or for any loss or damage caused to a User by a third party arising out of or in connection with the viewing of the Service by such third party, as well as any dispute between a User and other User or a third party.
  9. Notwithstanding any other provision of this Terms of Use, in the event that the Company causes damage to a User for reasons attributable to the Company in relation to the Service, the scope of the Company's liability for damages shall be limited to the total amount of fees received by the Company from the User in relation to the Service, and the Company shall only be liable to the User for any ordinary damages (not including incidental damages, special damages, lost profits, or other indirect damages, regardless of whether they were foreseen or foreseeable) directly incurred by the User as a result of use of the Service. However, this shall not apply in the event that such damages are caused by the Company's willful misconduct or gross negligence.

 

Article 18 (Interruption or Suspension of the Service, etc.)

  1. The Company may temporarily suspend or discontinue all or part of the Service, etc. without prior notice to or approval of Users in the event that any of the following items applies:
    • in the event of inspection or other maintenance of the computer system related to the Service;
    • when the Service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.; and
    • other cases when the Company reasonably determines, based on rational grounds, that temporary suspension or termination of the Service is necessary.
  2. The Company shall not be liable for any damages incurred by the User due to the temporary suspension or cessation of provision of the Service, etc.

 

Article 19 (Intellectual Property Rights)

  1. Users acknowledge that the Website and each of its components (the Marks, images, text, videos, etc.) are all protected by the Company's intellectual property rights. Therefore, except as expressly provided in this Terms of Use, we do not grant you any rights other than the right to view this Website for your personal and private purposes only. The use or reproduction of this Website, in whole or in part, or any component of this Website, in any media, for commercial or other purposes is prohibited.
  2. If a User wishes to use or reproduce this Website, the User must contact the contact listed at the end of this Terms of Use, and obtain permission from the Company prior to such use or reproduction.

 

Article 20 (Individual Terms)

The Service consists of multiple individual services. In addition to this Terms of Use, the Company may publish separate terms of use for each individual service (hereinafter referred to as “Individual Terms”) when using some of the individual services. In such cases, the Individual Terms, etc. shall be applied as a part of this Terms of Use. In the event of any conflict between this Terms of Use and the Individual Terms, this Terms of Use shall prevail unless otherwise specified.

 

Article 21 (Information on this Website)

  1. General Provisions

While the Company strives to provide accurate and up-to-date information, the Company cannot guarantee the accuracy of all data contained in this Website, for example, when data and information are transmitted over the Internet which is technically unreliable. If a User notices any errors or omissions in the information, please contact the Company at the contact information provided at the end of this Terms of Use.

  1. Information on Products and Services

Unless otherwise specified, except for the online store, this Website is intended to provide information about our products and types of services and is not intended for sales purposes.

  1. Hypertext Links

Hypertext links on this Website may direct Users to websites whose content is not controlled by the Company and which are controlled by third parties. If such hypertext links are provided on this Website to facilitate your internet navigation, such use of such linked websites is at the User’s own choice and risk.

  1. Cookies

A cookie is a small file that is placed on your computer when you use this Website (it records the pages viewed, the date and time of the visit, etc.) and may be read when Users use this Website again.

 

Article 22 (Change and Termination of the Service)

  1. The Company may change or terminate all or part of the Service at any time without prior notice to or approval of Users.
  2. The Company shall not be liable for any damages incurred by Users based on actions taken by the Company in accordance with this Article, except in the case of willful misconduct or negligence on the part of the Company.

 

Article 23 (Modification of Terms)

  1. In accordance with Article 548-4 of the Civil Code of Japan, the Company may change the contents of this Terms of Use or Individual Terms without obtaining the prior consent of Users, if the Company deems it necessary.
  2. In the event that the Company changes the contents of the Terms of Use or Individual Terms and notifies Users of such changes, use of the Service after the effective date of the changed terms as specified in the notification shall be deemed as acceptance of the changed Terms of Use or Individual Terms, and the changed Terms of Use shall apply.
  3. Notwithstanding the provisions of the preceding two paragraphs, in the event of a change in content that requires the consent of any User or prior notification, etc., as required by any applicable laws, the Company shall obtain the User's consent or provide prior notification, etc., in a manner prescribed by the Company.

 

Article 24 (Assignment of Contractual Positions, etc.)

  1. A Member may not assign, transfer, pledge as security, or otherwise dispose of his/her position under this Terms of Use or Individual Terms, or his/her rights or obligations under this Terms of Use or Individual Terms, to any third party without the prior written consent of the Company.
  2. In the event that the Company transfers the business relating to the Services to another company, the Company may transfer to the transferee of such business transfer the position in this Terms of Use or Individual Terms, the rights and obligations under the Terms of Use or Individual Terms, as well as Members' registered items and other information. Members agree in advance in this paragraph relating to such transfer. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also company splits and any other cases in which a business of the Company is transferred.

 

Article 25 (Force Majeure)

In the event that the Company's failure to fulfill any provision of this Terms of Use or Individual Terms (except for monetary payment obligations) is caused by earthquake, fire, flood, explosion, or other natural disaster, riot, international conflict, war, hostilities, spread of infectious disease, terrorist act, strike, lockout, labor dispute, embargo, shortage of raw materials, unavailability of loading or transportation facilities, governmental act or regulation, malfunctions in IT systems not caused by gross negligence of the parties such as bugs that cannot be discerned from their external appearance or any other cause beyond the Company's control (hereinafter referred to as “Force Majeure Events”), the Company shall not be liable for any loss or damage arising out of or in connection with such Force Majeure Events.

 

Article 26 (Waiver of Rights)

The failure of the Company to exercise any right under this Terms of Use or Individual Terms or to demand performance of any obligation of a User under this Terms of Use or Individual Terms shall not be deemed a waiver of such right or a waiver of the right to demand performance of such obligation. Even if the Company grant a waiver of liability for a breach by a User of any provision of this Terms of Use or Individual Terms, this shall not be deemed to be a waiver of liability for any subsequent breach of such provision or any other provision of this Terms of Use or Individual Terms.

 

Article 27 (Severability)

If any provision of this Terms of Use or Individual Terms is held invalid, illegal or unenforceable, such provision shall be deemed excluded from this Terms of Use or Individual Terms, and the remaining provisions of this Terms of Use or Individual Terms shall remain unaffected and continue in effect.

 

Article 28 (Governing Law and Jurisdiction)

  1. This Terms of Use or Individual Terms shall be governed by and construed in accordance with the laws of Japan.
  2. Any and all disputes, controversies or differences arising out of or relating to this Terms of Use or Individual Terms shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The place of arbitration shall be Tokyo, Japan.

 

Article 29 (Rights of Third Parties)

Nothing in this Terms of Use or Individual Terms shall confer any rights under the Contracts (Rights of Third Parties) Act or similar laws and regulations of any jurisdiction on any person who is not a party to this Terms of Use or Individual Terms.

 

Article 30 (Language)

This Terms of Use is prepared in English.

 

Contact us:contact_sg@basefood.co.jp

 

 

Enacted on 10, Jan, 2024