Terms of Users

These Terms of Use (the "Terms") set forth the terms for the flea market service (the "Service") provided by the flea market and on-demand delivery service application “Kaguru” which Enably Co., Ltd (“Company” or “We”) manages.

The Service is a marketplace where users (see Article 2: Definition of Terms) buy and sell goods between each other. All sales contracts, listings, purchases between users and guarantees of the purchases are the sole responsibility of the users involved in those transactions.
We do not sell or buy any goods through this service by ourselves, nor do we accept any consignment of sales. Unless otherwise specified in these Terms, we will not be involved in cancellation of sales contracts, returns, refunds, etc.

In these Terms, the following terms shall have the following meanings

1. “User”: An individual, sole proprietor, or legal entity that agrees to these Terms and uses the Service.
2. “Account Information": A user information entered by the User to use the Service.
3. “Seller": A user who lists products on the Service.
4. “Buyer": A user who purchases products through the Service.
5. “Delivery Agent": A delivery partner who picks up products from Sellers and delivers them to Buyers through the Service.
6. “Product Price": The purchase price of a product purchased through the Service under a sales contract between a Seller and a Buyer.
7. “Balance": The total amount of sales recorded in a user's account on the Service upon the confirmation of a sales contract for an item sold through the Service.
8. “Delivery fees": The delivery fees incurred when a product is delivered through the Service.
9. “Personal Information": Personal Identifiable Information that a user enters, such as name, zip code, address, date of birth, telephone number, account information (email address, password, etc.), profile information (username, age, driver's license information, and other personal information), credit card information, bank account information, and usage history, etc.

1. Agreement to and application of these terms

By using the Service, the User is deemed to have agreed to these Terms of Use.

2. Use of the Service by Minors

If the User is a minor (under 18 years of age), the User must obtain the consent of a legal representative, such as a person with parental authority and legal guardian before using the Service.

3. Consent to changes in these Terms of Use

We reserve the right to modify these Terms of Use at any time as necessary. In such cases, we will post such changes on our website or in our applications. If the User uses the Service after any modification of these Terms of Use, the User shall be deemed to have agreed to the modification of these Terms of Use. We will not be liable for any damages incurred to the user as a result of modification or changes to these Terms of Use, except in cases where such damages are caused by our intentional or negligent acts.

1. User Registration

User registration must be completed by the user himself/herself (For a corporation, by the person who is in charge of the corporate account), and the user must enter accurate information and confirm that there is no false information.

2. Multiple user registration

It is prohibited for the same user to have multiple user registered accounts. If we determine that multiple user registrations belong to the account by the same person or the same corporation (however, for corporations with multiple offices and sales offices, user registration for each office and sales office by the person in charge of the corporate account is allowed), we may cancel user registration, deny access to all or part of the Service, or suspend use of the Service without notice. We shall not be obliged to explain the reason for such action.

3. Approval of Registration

We may not approve an application for user registration if the user does not meet the requirements for the user registration described in this Terms or if we determine, based on reasonable grounds, that the application is inappropriate.

1. Representations

The User represents that he/she does not fall under the category of antisocial forces and will not fall under such category in the future, and that he/she will not engage in any violent or unreasonable demands, threatening words or actions with respect to transactions, or disruptive behavior using force, and that he/she will not damage our credibility or interfere with our business through such actions, or engage in any other similar actions.

2. Management of registered information

The user represents that he/she will promptly make any changes to the account information, and that he/she will manage and update the registration to ensure that it always reflects accurate information. The user agrees that he/she is solely responsible for any damages resulting from his/her failure to make such changes to the account information, and that we shall not be liable for any such damages.’

3. Management of account information

The User represents that he/she will manage his/her own information such as email address, password, account information, etc. (the "Account Information") which he/she has entered. The User shall be responsible for any damage caused by leakage of information, its use by a third party, or unauthorized access due to inadequate control of Account Information, and we shall not be liable for any such damage unless it is caused by our own intentional or negligent conduct. In addition, the User shall compensate us for any damages incurred to us as a result of unauthorized use of account information.

4. Dispute Resolution and Liability

Any disputes arising between users, between users and delivery agents, or between users and third parties in relation to the Service shall be resolved by the parties involved, at their own responsibility and expense, and we shall not be involved in any way. In the event that the dispute is caused by the user's intention or negligence, and we suffer damages, the party involved in the dispute shall compensate us for the damages.

If we determine, based on reasonable grounds, that a user is not in compliance with these Terms of Use, we may, without prior notice, cancel the user registration, delete the registered account, deny access to all or part of this service, suspend the use of the Service, or take other reasonable measures, and we shall not be obliged to explain the reasons for such actions. In addition, in order to determine whether a user is in compliance with these Terms of Use, we may confirm the identity of the user and facts and may take measures such as denial of access to all or part of the Service, suspension of the use of the Service, etc. until the confirmation is completed. In addition, if we determine, based on reasonable grounds, that a newly registered user is the same user who has been subjected to the measures described in this article, we may prohibit the user from using the Service. We shall not be liable for any damage caused by the measures in this section, except in cases where the damage is caused by our intention or negligence.

1. Responsibility for posted content

All responsibility for the content posted by users in relation to the Service shall be borne by the relevant users. We have no obligation to check the content, its accuracy, its authenticity, etc., and make no guarantees whatsoever. The users must make their own judgments regarding such matters. We are not responsible for any damage caused by the content posted by users.

2. Change and deletion of posted contents

If we determine that a user has violated these Terms of Use, we may change or delete any content posted by the user without prior notice.

In addition to the Terms of Use, we shall handle personal information in accordance with the Privacy Policy. By using the Service, the User agrees to our Privacy Policy. We prohibit the use of personal information, etc. obtained by the User through the Service outside the scope of the use of the Service.

1. Precautions for listing products

When listing products, sellers shall comply with the Antique Dealings Act, the Act on Specified Commercial Transactions, the Act Against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, the Copyright Act, and other applicable laws and regulations. Sellers shall not list products that they do not intend to sell, provide inadequate descriptions of the products, hide facts in their listings, or include images or other information unrelated to the products they are selling as part of their listings.

2. Violation of these Terms on Product Listing

If we have reasonable grounds to believe that a product listed is in violation of these Terms or is inappropriate, we may, on our discretion, cancel the product listing or any purchases that have been made in relation to the item.

3. Disclaimer of the Company

We shall not be liable for any damage incurred to a user or a third party as a result of a user's product listing, etc., unless such damage is caused by our own intentional or negligent act.

1. Purchase Procedure

Users shall place orders in accordance with the procedures set forth by us. Sellers are not allowed to purchase their own items.

2. Disclaimer of Liability

We shall not be liable for any damages incurred by the user or a third party as a result of the user's order, purchase, etc., except in cases where such damages are caused by our own intentional or negligent actions.

1. Delivery Requests

After a buyer purchases a product listed on the Service from a seller, the order will be matched with a delivery agent registered with the Service and who is online. However, all delivery requests that are attributed to orders buyers place between 9:00 PM and 7:59 AM (Non operational hours) will be sent to delivery agents after 8:00 AM.

2. If the delivery request is not accepted

If the delivery request is not accepted by any delivery agents within 24 hours as a result of the matching process described in Section 1 of this Article, the order will be automatically canceled. If the delivery request is not accepted, no sales contract is confirmed and no payment for the product is made, and the product remains available for sale within the Service.

3. When a delivery request is accepted

The Seller and the Buyer agree that the delivery agent who accepts the delivery request via the matching process may contact them via telephone, chat, or other means within the Service to confirm the pickup date and time, including overnight, in order to ensure prompt and reliable delivery of the Product.

4. Delivery Precautions

The Seller and Buyer shall make their utmost efforts to respond to the delivery agent to confirm the pickup date and time for delivery, etc, so that the delivery agent can complete the delivery within the time limit specified by the Company. In case the seller or buyer is not available at the time of pickup or delivery, the re-delivery date and time shall be adjusted by using the telephone or chat within this service. (However, if there is a specific method designated by the delivery agent, such as an absence slip, the seller and buyer shall comply with that method.) If the delivery agent cannot complete the delivery within the time limit specified by us or the delivery agent reports to us that it is difficult to complete the delivery due to the problems originated from either the seller or buyer as described below (However, not all are listed), and we determine, based on reasonable grounds, that the delivery agent will not be able to complete the delivery even if he/she continues his/her utmost effort, we may take measures that we deem appropriate, such as cancellation of the sales contract.

1. It becomes difficult for the delivery agent to pick up because the seller refuses the pick-up arrangement of the product, causes excessive delay beyond the limit in coordinating a pickup date and time, or because the seller is not available, or the seller's whereabouts is unknown, etc.
2. In the event that the delivery of a product becomes difficult because the buyer's whereabouts are unknown, the buyer refuses to receive the product, makes excessive delay beyond the limit in receiving the product, or because the seller is not available or he/she is unable to communicate after he/she makes the delivery.

If delivery cannot be completed due to problems caused by the Seller or the Buyer as described above, the users responsible for the problem shall be fully liable.

1. Completion of Sales

A sales contract for a product is considered as completed when the buyer places an order of the product from the seller, the delivery agent completes the delivery, the delivery is confirmed, and the buyer confirms the receipt of the purchased product upon checking the product condition.

2. Payment and Delivery Charges

Upon completion of a sales contract, the buyer shall pay the total amount of the product price and delivery charges. In cases where the Seller bears the entire delivery charge, the delivery charge shall be included in the product price, and in cases where the Buyer bears the delivery charges either a part or in full, the Buyer's portion shall be paid by the payment method designated by the Company within this Service. The seller shall be paid for the product price after deducting the delivery charges borne by the seller.

3. Troubles concerning Products, etc.

In the event where a dispute arises between the Seller and the Buyer regarding the product, etc., the dispute shall be resolved between the relevant Users. In addition, if the seller or buyer has a problem with the delivery agent regarding a product which is caused by the delivery, the problem shall be resolved between the relevant users as well. However, at our own discretion, we may also enter into discussions.

4. Cancellation, Cancellation of Sales contract, and Refund

When using the Service, transactions that fall under any of the following shall be treated as cancellations if the User follows the cancelation procedure set forth by the Company, and no product or monetary transaction shall be considered to have occurred:

1. Transactions before the delivery request is accepted via the matching process as per Article 11.1
2. Transactions where the delivery request is accepted but where the Delivery Agent is not yet out for pickup.

For transactions that the Delivery Agent has already left for pickup but a sales contract is yet completed (as defined in Paragraph 1 of this Article), and that a sales contract is completed, cancellation is not allowed unless there is an agreement between the seller, buyer, and delivery agent, and unless there is a problem attributed to the seller, buyer, or delivery agent which falls under (but is not limited to) any of the followings. However, any cancellation request at seller’s or buyer’s own convenience shall not be accepted.

1. When the problem is attributable to the Seller, such that there is an apparent discrepancy between the description of the product and the actual product.
2. When the problem is attributed to the delivery agent, such that the product is damaged during the delivery
3. When a problem is attributed to the buyer, such that the buyer refuses to pick up the product.

In the case of cancellation of transactions that the Delivery Agent has already left for pickup but a sales contract is yet completed, and that a sales contract is completed, if the Company is notified that there is an agreement between the relevant parties on cancellation and which problem listed above is applicable to the case, and the Company approves such cancellation, such transaction shall be treated as a cancellation and the completed sales contract shall be voided. In such a case, the Seller shall be responsible if the problem is attributed to the Seller, the Buyer shall be responsible if the problem is attributed to the Buyer, and the delivery agent shall be responsible if the problem is attributed to the delivery agent.

If the problem is attributable to the Seller, the Seller shall be responsible for returning, disposing, repairing, or replacing the product at his/her own responsibility and expense. In order to refund the money to the Buyer (the amount varies depending on the delivery fees paid by the Seller and the Buyer), we shall deduct the amount of money to be refunded from the Seller's balance on the Service or request the Seller to refund the money to the Buyer in a payment method set forth by us, and return the applicable amount to the Buyer.
If the problem is attributed to the Buyer, the Buyer shall be responsible for paying for the product price or the cost associated with returning or disposing the product at his/her own responsibility and expense. In such cases, if the buyer has an available balance on the Service, we shall deduct the applicable money for the refund or request the buyer to pay the applicable money for the refund via a registered credit card or other payment method set forth by us, and shall return an applicable amount of money to the Seller.
If the problem is attributed to the delivery agent, the delivery agent shall take back, compensate, dispose of, repair, or replace the product at his/her own responsibility and expense. We shall handle the refund process.

5. Precautions for Cancellation of Sales contract

If the cancellation of the sales contract is approved, the Seller or the delivery agent shall take all necessary actions to restore the products that they received to their original state prior to the completion of the sales contract, such as returning the products, except for the following case (but not all of them). The applicable cost required for the restoration of the product to the original condition shall be the responsibility of the user who caused the problem.

1. When the seller, buyer, or delivery agent agree to dispose of the product

If the seller, buyer, and delivery agent agree to dispose of the product, the user who caused the problem shall be responsible for all costs associated with the disposal. Refunds for the cost associated with the disposition shall be resolved between the users in question. However, at our discretion, we may also enter into discussions, and if we undertake the refund process, we will withdraw the money for the disposition from the balance of the user who caused the problem or bill the user in question in the manner set forth by us and refund the money to the user who paid for the disposition (limited to cases where the user who is not responsible for the problem paid for such cost) as long as the seller, buyer, and delivery agent notify us that they have reached an agreement and submit to us the proof of the cost paid for the disposition of the product in question.
The Service does not provide delivery service for the return of product for which a sales contract has been completed through the Service. (Except in cases where the problem is caused by the delivery agent and the delivery agent picks up the product for return.)

1. Review of the Seller by the Buyer

The buyer shall promptly check the delivered product and review the seller within the Service. The buyer may evaluate the seller even if the transaction is affected by a problem caused by the seller.

2. Review of the delivery agent by the buyer

The buyer shall review the delivery agent only for the delivery within the Service after the product has been delivered. However, if it is found that there were problems caused by the delivery agent regarding the condition of the products (upon checking the description of the products and the actual products), the Buyer may review the delivery agent considering such problems.

1. Commission fee

The Service does not charge any fees for listing a product, regardless of the price of the product

2. Withdrawal of Net Sales

When a sales contract is completed, the Company will deposit the net sales into the Seller's account. The Seller may request a withdrawal of the net sales available in the Seller’s account to the designated bank account or any other designated payout methods available in a country where the Seller signed up for the service at any time. Upon receipt of a withdrawal request of net sales from the Seller, the Company shall process the withdrawal to the designated bank account or the designated payout method available in the country in accordance with the procedures set forth by the Company. In the event where the Seller requests a withdrawal of a balance that meets the minimum withdrawal amount set forth by the Company ("Minimum Threshold") (4,000 yen in Japan and 25 USD in the United States and other countries), the Company shall be responsible for all remittance and deposit fees incurred at the time of withdrawal, as well as the monthly account maintenance fee incurred for the month when the Seller requests a withdrawal.
However, if the Seller requests a withdrawal of a balance which is less than the minimum threshold specified in this article, the Seller agrees that the Company will deduct all remittance, deposit, and account maintenance fees from the requested withdrawal balance, and then deposit the rest of the balance to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth. However, even in the event where the Seller requests a withdrawal of a balance which is less than the minimum threshold specified in this article, if the Seller requests a withdrawal of a balance greater than the minimum threshold within the same month at least once, the Company will refund the account maintenance fee deducted from the requested withdrawal balance. However, the Seller agrees that the Company shall deduct the remittance and deposit fees from the requested withdrawal balance for each withdrawal request which is less than the minimum threshold. However, the Seller agrees that, if the Seller has not initiated a withdrawal of the amount deposited into the account for a set period of time determined by each country’s requirement (For Japan, 60 days from the date of the receipt of the amount. For the U.S., 2 years from the date of the receipt of the amount. For Thailand, 10 days from the date of the receipt of the amount. For all other countries, 90 days from the date of the receipt of the amount ), the Company shall automatically process a withdrawal of such an amount or the aggregated balance available in the account at the time of such a withdrawal to the bank account or the payout method registered in the Seller’s account. The Seller agrees that if the requested withdrawal balance is less than 500 yen in Japan or 3 USD in the United States or other countries, the Seller shall not request a withdrawal, and that the Company will hold the balance for the holding period specified in this article until processing the withdrawal to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth.

We reserve the right, at our sole discretion, to change or modify the contents of the Service, or suspend or discontinue all or part of the Service without prior notice to the users. However, in the event of termination of all or part of the Service, we will make our best efforts to notify and publicize such termination to the users as far in advance as possible.

Unless otherwise stated, the Service is the exclusive property of the Company, and the Company owns and manages the rights to all materials on the Service. The users shall not acquire any rights to any material on the Service, and shall not engage in any act that infringes on any rights without the permission of the rights holder.

1. User's Liability

In the event that a user or third party suffers damages due to inaccurate or inappropriate content, comments, expressions, or actions by the user on the service, or if a user or third party suffers damages due to the user's violation of these Terms, unless such damages are caused by our intentional or negligent conduct, users in question shall be liable for, including but not limited to, any and all damages to the user and third parties. In the event where we suffer damages as a result of such acts of users, the parties involved, including the user in question, shall jointly assume all responsibility, including liability for compensation for such damages.’

2. Liability of the Company

The Company shall not be liable to compensate for damages to users in relation to deletion or loss of contents of the service, modification, suspension, or termination of the service, or loss of data due to use of the service, except in cases arising from intentional or negligent acts of the company.
Even in the event where the Company is liable to the user for damages, the liability of the Company shall be limited to actual, direct, and ordinary damages to the user as a result of our default or tortious act.

3. Non-warranty

We do not warrant that our secure servers and all personal information stored on such servers will not be accessed or used in an unauthorized manner, or that the Service is free of bugs, computer viruses, Trojan horses, or other harmful viruses that may be transmitted by a third party. We shall not be liable to you or any third party for any damage caused by the inclusion of such harmful viruses in the Service,unless such damage is caused by our intention or negligence.

1. Transfer of Business

We may, at any time, transfer part or all of the business pertaining to the service to a third party, in which case, we may transfer the rights and obligations as well as registered information and other user registration information, to the transferee of the business in question based on the Terms. The user shall consent to such transfer in advance.

2. Dispute Resolution

The Terms shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes between the User and the Company.

If you have any questions or complaints about our Terms, please contact us at legal@thekaguru.com

Updated on January 21, 2022
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Updated on November 18, 2022
Updated on August 18, 2022