Article 1 Membership Rules

These PRESTIGE APPAREL Membership Rules (hereinafter the “Membership Rules”), current and future, shall apply to all members (hereinafter the “Member(s)”) who have entered into an agreement (hereinafter the “Agreement”) with PRESTIGE Co. Ltd. (hereinafter “PRESTIGE”) for services provided to Members on this website (https://prestigeapparel-tokyo.com/) (hereinafter the “Website”) (hereinafter the “Services”) and who use the Services.

Article 2 Definitions

1. “Terms of Use” means all terms of use and regulations, including information posted on the Website, separately stipulated by PRESTIGE for the use of the Services in addition to the Membership Rules.
2. “Personal information” means the information about the Member that can be used to identify a specific Member by name, email address, or other description contained in it including information that can be easily cross-checked with other information to identify a specific Member.

Article 3 Range of effect

1. The Terms of Use shall constitute a part of the Membership Rules regardless of the reason.
2. The provisions of the Membership Rules shall take precedence over the provisions of the Terms of Use in the event of any discrepancy between them.
3. The notices prescribed in Article 5 issued by PRESTIGE to the Members shall constitute a part of the Membership Rules.

Article4 Change of the Membership Rules

1. PRESTIGE may change or revise the Membership Rules as needed without prior notice or consent of the Members.In the event of any changes to the Membership Rules, PRESTIGE will notify the Members via email or post a notice on the Website.Such changes and revisions will become effective when the revised the Membership Rules are posted on the Website.
2. The Members who do not agree with the changes or revisions to the Membership Rules may cancel the membership by following the procedures specified separately by PRESTIGE. However, the Members who continue to use the Services after the notice or posting on the website described in the preceding paragraph and the Members who do not take the cancellation procedure within 8 days after the notice or posting described in the preceding paragraph shall be deemed to have accepted such changes and revisions.

Article 5 Notification

PRESTIGE will send you notices as needed via website, email, phone call and any other ways PRESTIGE deems appropriate. When PRESTIGE notifies the Members by any of these methods, the Members shall be deemed to have been notified by PRESTIGE.

Article 6 Application

1. Those who wish to use the Services (hereinafter the “Applicant”) shall apply for membership to PRESTIGE in accordance with the method prescribed by PRESTIGE and shall be deemed to have accepted the Membership Rules at the time of application for membership.If you have any inquiries, please contact us via “Contact form” in advance.
2. PRESTIGE will conduct the necessary screening and procedures as soon as possible and notify the Applicant of the acceptance or rejection of the application for membership.
3. Upon acceptance of the application for membership, the Agreement between PRESTIGE and the Members will be formed and the Members will be able to use the Services.

Article 7 Approval / Disapproval of membership

1. PRESTIGE reserves the right to refuse membership if the Applicant falls into any of the following cases as a result of screening.

   1. In the event that PRESTIGE deems that the Applicant uses a fictitious name or a name suspected of being fictitious.
   2. Those whose ID has been suspended temporarily, membership has been terminated or membership application has been rejected in the past due to such as violations of the Agreement.
   3. If the information provided at the time of application is false, incorrect, or missing.
   4. The Applicant is in default of payment of the usage fee for the Services or other similar services by similar companies at the time of application, or the Applicant has been in default of payment in the past.
   5. If the credit card company deems the credit card invalid that is provided by the Applicant as a means of payment at the time of application, or the parties such as Banks or credit card companies designate by PRESTIGE refuses to enter into a contract with the Applicant.
   6. In addition, those who PRESTIGE deems inappropriate for membership.
2. In the event that PRESTIGE does not accept the application for membership in accordance with the preceding paragraph, the application shall be deemed to have been denied retroactively to the date of application. If the usage fee has been already paid, it shall be refunded within thirty (30) days from the date of disallowance, after deducting the usage fee corresponding to the period you used the Services and the transfer fee.
3. Except in cases of the preceding paragraph, the usage fees you have paid will not be refunded.

Article 8 No Assignment

The right to use of the Service obtained after admission belongs only to the Member who has concluded the Agreement. The Members may not transfer all or part of their rights to receive the Services to a third party whether with or without compensation, share it with a third party, transfer name of it, pledge it as collateral.

Article 9 Change of registration details

1. When there are any changes to the information that you have registered as a Member, such as email address, credit card number and expiration date, you shall immediately update the information in a prescribed way by PRESTIGE.
2. PRESTIGE shall not be held liable for disadvantage incurred due to your failing to update your registration information.

Article 10 Cancellation

1. You may cancel your membership and terminate the Agreement at any time by following the procedures specified by PRESTIGE.
2. If you cancel your membership by the procedures prescribed in the preceding paragraph, or if the Agreement becomes terminated for any reason, you will no longer be able to use the Services immediately. Once the cancellation of membership is completed, the lost membership status cannot be restored.
3. The right to receive the Services in accordance with the Membership Rules can only be held by the individual. Therefore, when PRESTIGE knows the decease of the Member, PRESTIGE will handle as if that Member has requested the cancellation of membership.
4. No fee will be charged for cancellation of membership.

Article 11 Management of ID and password

1. The Members shall manage their own IDs and passwords strictly at their own risk.
2. The Members may not assign, lend or allow to use their IDs and passwords to a third party.
3. If a Member loses own ID and password, if they are known by a third party, or if there is a suspicion that a third party is using them illegally, the Member shall immediately notify PRESTIGE and follow its instructions.
4. PRESTIGE shall not be held liable for disadvantage and damage incurred due to your failing to notify as provided for in the preceding paragraph.
5. PRESTIGE shall consider any use of the Services by a registered Member’s ID and password to be use by the Member. All effects of such use shall belong to the Member, even if a third party, not the Member, uses the Services.
6. PRESTIGE shall not be liable for any damages to a Member incurred due to a third party uses the Member’s ID and password.

Article 12 Responsibility for the Device

1. The Members shall prepare the usage environment for using the Services, including cell phones, personal computers, and other devices (hereinafter the “Devices”) at its own responsibility. PRESTIGE shall not be liable for any failure to use all or part of the Services due to the usage environment. Furthermore, if PRESTIGE indicates the recommended browsing environments for User Terminals, this does not guarantee to use the Services in those environments. Users shall properly check the usage environment for the Services and maintain and manage the Devices at their own responsibility.
2. The Members shall strictly manage the Devices which register or record the device-specific information and the Members’ IDs and passwords (hereinafter as “Member’s Devices”) to prevent a third party from unauthorized use at the member’s own responsibility.
3. If a Member loses Member’s Device and suspects that a third party is using it illegally, the Member shall immediately notify PRESTIGE and follow its instructions.
4. PRESTIGE shall not be liable for any disadvantages or damages caused to a Member due to the Member’s failure to submit the notification prescribed in the preceding item.
5. PRESTIGE shall consider any use of the Services by a Member’s Device to be use by the Member. All effects of such use shall belong to the Member, even if a third party, not the Member, uses the Services.
6. If a Member lends the Member’s Device to a third party, PRESTIGE shall not be liable for any unauthorized use of it by the third party. In addition, PRESTIGE may demand compensation from the Member in the event that PRESTIGE incurs damages as a result of such unauthorized use.

Article 13 Responsibility as Member

1. In the event of a dispute between a Member and a third party regarding use of the Services, the Member shall resolve the dispute at the Member’s own responsibility and expense.
2. If a Member causes damages to PRESTIGE, another Member, or a third party regarding use of the Services, including the case where PRESTIGE or a third party suffers damages due to a Member’s failure to fulfill his/her obligations under the Membership Rules, the Member shall compensate for such damages at the Member’s own responsibility and expense. In the event that PRESTIGE suffers damage, any specific compensation for such damage shall be subject to prior consultation with the Member.

Article 14 Prohibited matter

When using the Services, you agree not to:

1. Engage in copyright infringement such as making copies of downloadable products, violation of privacy and portrait rights, or any other illegal acts.
2. Disclose the personal information of third parties.
3. Engage in actions that slander or defame the reputation of PREDTIGE or third parties.
4. Engage in actions that interfere with the operation of the Services.
5. Engage in unauthorized use of Member’s ID etc.
6. Engage in actions that prevent the provision of the Services by sending harmful programs including computer viruses.
7. Distribute equipment or software to remove or circumvent the access control of servers, etc.

Article 15 Change of the Services

PRESTIGE may change the content, name, or specifications of the Service without prior notice to Members in order to improve the quality and convenience of the Service.

Article 16 Restriction on the use of the Services

1. The Members acknowledge and agree that they may be subject to restrictions such as not being able to use some of the Services depending on the process of application for membership, means of payment, and other decisions made by PRESTIGE.
2. The Members acknowledge and agree that P RESTIGE may set a monthly usage limit for the provision of the Services which is paid service.
3. Since the Services is for domestic use, it may be subject to restrictions when used outside Japan.

Article 17 External Service

1. Member may apply for membership prescribed in Article 6 by using an account created by the Member in a third party’s service specified by PRESTIGE (hereinafter “External Service”, a company operates the External Service is referred to hereinafter as “Operating Company”). For such membership registration, you shall follow the procedure prescribed by PRESTIGE.
2. For the procedure prescribed in the preceding paragraph, the Members acknowledge and agree that PRESTIGE may acquire information about the Members registered with the External Service (hereinafter “External Service Information”) and display it when the registration for membership.
3. PRESTIGE handles the personal information included in the External Service Information appropriately and in accordance with Privacy Policy set forth by PRESTIGE.
4. For account registration and use of the External Service, including posting and what the Member post on that service, the Members shall follow the respective terms and conditions set forth by the Operating Company.
5. The Members shall be fully responsible for the registration and management of their accounts in the External Service.
6. The Members shall be liable for damages incurred to them or a third party due to the accounts and passwords are poorly managed, used mistakenly or used by a third party, and PRESTIGE shall not be liable for them. In addition, if PRESTIGE incurs damages due to reasons above, the Member shall assume all responsibility and compensate PRESTIGE for any and all damages incurred.
7. In the event of using the External Service, the Members shall use such service at their own risk. PRESTIGE shall not be liable for any damages troubles with the Operating Company, or any other matters incurred by using such service.

Article 18 Usage fee

The individual usage fees for the Services shall be in accordance with “PRESTIGE Usage Fee Schedule” stipulated separately by PRESTIGE.

Article 19 Payment

1. The Members shall pay the usage fee for the Services, the purchase price of products in the Services, and other expenses the Members bear (hereinafter collectively “Fees”) by the payment method designated by PRESTIGE. Please note that the payment method may be limited depending on the Services being provided.
2. The Members may make payment in the methods provided by credit card companies, electronic money companies, cell phone companies, etc. designated by PRESTIGE (hereinafter the “Payment Company”), or bank transfer.
3. In the event of the preceding paragraph, the Member shall conclude a contract with the Payment Company in accordance with the terms and conditions set forth by the Payment Company. If a dispute arises between the Member and the Payment Company, the Member shall be responsible for resolving the dispute and PRESTIGE shall not be involved.
4. If fees occur for the payment, such as bank transfer fee, the Members shall bear them.
5. The Members shall not be able to demand that PRESTIGE refunds any Fees which payment is completed for any reason.

Article 20 Restriction of use

1. If PRESTIGE determines that any of the following circumstances apply to you, then PRESTIGE may, without prior consent, restrict your use of the Services.

   1. When it is determined that the personal authentication information of the Member is being used by a third party without permission due to virus infection, etc.
   2. When PRESTIGE is unable to contact you by phone or email etc.
   3. If there is a discrepancy between the Member’s name and the name on the credit card.
   4. In addition to preceding items, when PRESTIGE deems it urgent.
2. PRESTIGE shall not be liable for any loss or damages incurred due to the Member’s inability to use the Services as a result of PRESTIGE taking the measures described in the preceding paragraph.

Article 20 Temporary interruption

1. Upon the occurrence of any of the following events, PRESTIGE may temporarily suspend its provision of the Services, either in whole or in part, without prior notice:

   1. A scheduled or emergency maintenance operation is conducted on facilities for the Services.
   2. The provision of the Services becomes impossible due to fire, power outage, etc.
   3. The provision of the Services becomes impossible due to natural disaster, such as earthquake, eruption, flood, and tsunami.
   4. The provision of the Services becomes impossible due to war, conflict, riot, or strike etc.
   5. In addition to from 1. to 4. above, other circumstances under which PRESTIGE deems service suspension to be necessary, taking into consideration due to operational or technical reasons.
   6. Furthermore, when all or part of the Services must be suspended due to laws and regulations, administrative guidance, or orders.
2. PRESTIGE shall not be liable for any damages to the Members or third parties due to delays or interruptions of all or part of the Services due to any of the items in the preceding paragraph or for any other reason.

Article 22 End of the Service

1. PRESTIGE may discontinue all or part of the Services after giving prior notice.
2. In the event of termination of the Services, PRESTIGE shall avoid its responsibility for the termination by following the procedures described in the preceding paragraph.

Article 23 Responce to violations

1. In the event of a clear violation or potential violation of the Membership Rules by a Member (hereinafter “Violator”), or PRESTIGE deems it necessary due to a complaint, claim, or information provided to PRESTIGE regarding the use of the Services by other Members, PRESTIGE may take the following corrective actions against the Violator, depending on the violation details.

   1. Injunction request against violations.
   2. Deletion request of the information sent or displayed by the Violator.
   3. Delete all or part of the information sent or displayed by the Violator or take measures to prevent viewing.
   4. Suspend the use of the Violator’s ID and forced forcibly terminating the membership.
2. When the measures described in the preceding paragraph are taken, PRESTIGE shall not be responsible for any disadvantages incurred by the Violators or third parties resulting from such measures.
3. The Members agree in advance that the measures set forth in Item 3 and 4 of Paragraph1 of this article may be taken without prior notice.

Article 24 Disqualification

1. In addition to Paragraph 1 of the preceding article, if a Member falls under any of the following items, PRESTIGE may suspend the use of the ID or forcibly terminate the membership without prior notice or recommendation to the Member.

   1. If a Member violates any of the provisions of the Membership Rules and fails to comply with corrective action claims with deadline which PRESTIGE takes.
   2. If you delay or refuse to pay the usage fee or other payments.
   3. When the credit card company or other related parties of payment suspends the use of the Member’s designated credit card or payment account, or a dispute with such parties.
   4. If a petition for bankruptcy is filed against a Member, or if a Member is subject to a trial for commencement of guardianship of an adult, a trial for commencement of assistance, or a trial for commencement of assistance.
   5. If a Member interferes with PRESTIGE’s business in any way, such as by telephoning for a long period of time, or by threatening or coercing others.
   6. In addition, when PRESTIGE deems that a Member is unqualified for membership.
2. A person whose membership is terminated in accordance with the preceding article shall forfeit the benefit of term and repay all payments owed to PRESTIGE in a lump sum, including the payment of fees incurred at the time.
3. PRESTIGE shall not be liable for any disadvantages to the Members or third parties that may result from the measures taken by PRESTIGE as stipulated in Paragraph 1 of this article.

Article 25 Restriction of liability

1. When a Member is unable to use the Services for any reason attributable to PRESTIGE (excluding each items in Pragraph1 in Article 21), PRESTIGE, except as provided in the Membership Rules, will compensate the Member for any damages incurred up to the price of the Services that the Member is unable to use, provided that the Member has been unable to use the Services for at least 48 hours from the time that PRESTIGE became aware that the Services was unavailable.However, PRESTIGE shall not be liable for damages caused by force majeure such as natural disasters, damages caused by reasons not attributable to PRESTIGE, damages caused by special circumstances regardless of whether they were foreseeable by PRESTIGE or not, or indirect damages including lost profits.In addition, if the Member does not file a claim for compensation for thirty (30) days from the date when the Member could have filed a claim for compensation, the Member shall lose the right to file a claim.

2. PRESTIGE shall respond to claims for compensation as described in the preceding paragraph in any of the following items.

   1. The amount equivalent to the amount of compensation shall be reduced from the usage fee of the Services to be billed later.
   2. To grant the right to use the Services equivalent to the amount of compensation.

Article 26 Disclaimer

1. PRESTIGE shall not be liable for any damages to the Members, including which caused by problems with a third party, incurred due to the Member uses the Services regardless of whether the Member has complied with the Membership Rules.
2. PRESTIGE shall not be liable for any damages to the Members or third parties caused by PRESTIGE’s failure to provide the Services, except as specifically provided in the Membership Rules.

Article 27 Protection of personal information

1. PRESTIGE handles the personal information appropriately in accordance with “Privacy Policy”.

Article 28 Subcontracting

1. The Members acknowledge and agree that PRESTIGE may entrust a part of business of the Services to a third party.
2. The Members acknowledge and agree that PRESTIGE may provide the personal information to a third party as needed in the event of the preceding paragraph. In which case, PRESTIGE handles the personal information in accordance with Article 27.

Article 29 Jurisdiction

1. Any disputes arising out of the Membership Rules shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

Article 30 Governing law

1. The Membership Rules shall be governed by and interpreted in accordance with the laws of Japan.

Article 31 Supplementary provisions

1. You can unsubscribe from the email newsletters distributed by PRESTIGE by filling out and submitting the prescribed form.
2. You can cancel your membership by filling out and submitting “Cancellation form” in My Page with the necessary information, such as your User ID, email address, and password.
3. If there is more than one language in the Membership Rules, Japanese shall be the official language and shall take precedence, and the others shall be for reference only.