Definitions

1. In these Terms, the following terms shall have the meanings set forth below, unless otherwise defined or required by the context:
• “Business Account” refers to an account provided by the Company to a business operator approved by the Company for use of the Service in business activities.
• “Personal Account” refers to a User’s account that is not linked to a Business Account.
• “Authorized Account” refers to a User’s account that is linked to a Business Account.
• “Listing” refers to making a vehicle offered for sale publicly available for a certain period using the functions of the Service.
• “Seller” refers to a User who lists a vehicle on the Service.
• “Buyer” refers to a User who purchases a vehicle listed on the Service.

Article 1 (Application)

1. These Terms apply to all relationships related to the use of the Service between the User and the Company.

2. In addition to these Terms, the Company may establish rules, guidelines, and other provisions (hereinafter referred to as “Individual Provisions”) regarding the use of the Service. Such Individual Provisions, regardless of their names, shall constitute part of these Terms.

3. In the event of any inconsistency between these Terms and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specified.

Article 2 (User Registration)

1. Users wishing to register for the Service shall agree to these Terms and register in the manner prescribed by the Company.

2. User registration must be completed personally by the applicant, using accurate information.

3. The Company may decline an application for user registration if it determines that:
a. The applicant has provided false information at the time of application.
b. The applicant has previously violated these Terms.
c. The Company deems the registration inappropriate for any other reason.

Article 3 (Business Accounts and Authorized Accounts)

1. Business operators engaging in the purchase or sale of vehicles as part of their business activities may apply to register a Business Account.

2. Applications must be made personally by the applicant with accurate information, in the manner prescribed by the Company.

3. The Company may decline a Business Account application if:
a. False information is provided at the time of application.
b. The applicant has previously violated these Terms.
c. The Company deems the registration inappropriate for any other reason.

4. When the Company approves the registration of a Business Account, the applicant becomes the administrator of that Business Account. The administrator may link approved Personal Accounts to the Business Account as Authorized Accounts. Transactions conducted through an Authorized Account will be considered transactions of the linked Business Account, and fees will be calculated accordingly.

Article 4 (Management of Account Information)

1. Users shall manage their registered email address, user ID, and other account information (“Account Information”) under their own responsibility. Users shall not transfer, lend, or share their Account Information with third parties under any circumstances.

2. The Company shall not be liable for any damages arising from insufficient management, misuse, third-party use, or unauthorized access of Account Information, except in cases of willful misconduct or gross negligence by the Company.

Article 5 (Prohibited Acts)

• Acts against public order and morals, or acts causing discomfort to viewers.

• Providing benefits to anti-social forces.

• Criminal acts or acts that may lead to criminal acts.

• Infringing intellectual property rights such as copyrights or trademarks.

• Any other illegal or anti-social acts.

• Using the Service for advertising, solicitation, or other purposes unrelated to its original intent (unless permitted by the Company).

• Engaging in election campaigning or religious solicitation.

• Pyramid schemes, money transfers unrelated to used car transactions, or using the Service for personal encounters.

• Collecting or disclosing personal information of third parties without consent.

• Copying or reproducing information obtained through the Service for non-private use.

• Stalking, threats, fraud, defamation, harassment, or other conduct that causes mental or physical harm to others.

• Posting content infringing intellectual property or privacy rights.

• Posting obscene, child pornographic, abusive, false, discriminatory, or defamatory information.

• Harming or interfering with the Company’s servers or networks.

• Unauthorized automated access, reverse engineering, or similar acts.

• Using unauthorized payment methods.

• Any act deemed inappropriate by the Company.

Article 6 (Suspension of Service)

1. The Company may suspend or interrupt all or part of the Service without prior notice to Users if:
1. System maintenance or updates are required.
2. Provision of the Service becomes difficult due to natural disasters or force majeure.
3. Computers or communication lines fail.
4. The Company otherwise determines service provision to be difficult.

Article 7 (Restrictions and Deregistration)

1. The Company may restrict use of the Service or deregister a User without prior notice if:
1. The User violates these Terms.
2. False information is found in registration details.
3. Payment obligations are not fulfilled.
4. The Company otherwise deems use inappropriate.

Article 8 (Withdrawal)

1. Users may withdraw from the Service by following the withdrawal procedures prescribed by the Company.

Article 9 (Disclaimer of Warranty and Liability)

1. The Company shall not be liable for any damages incurred by Users arising from the Service, except in cases caused by the Company’s willful misconduct or gross negligence. However, if the agreement between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined under the Consumer Contract Act of Japan, this exemption shall not apply.

2. Even in cases where the proviso of the preceding paragraph applies, the Company shall not be liable for any damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of such damages) resulting from the Company’s non-performance of obligations or tort due to the Company’s negligence (excluding gross negligence). In addition, the Company shall not be liable for any transactions, communications, or disputes, etc. between Users or between a User and a third party in relation to the Service.

3. In cases where the Company is liable for damages to the User, the scope of liability shall be limited to direct damages actually incurred by the User as a result of the Company’s non-performance of obligations or tort. However, this limitation shall not apply where such damages are caused by the Company’s willful misconduct or gross negligence.

Article 10 (Changes to Service)

1. The Company may change, add, or discontinue the Service with prior notice to Users, and Users agree to this.

Article 11 (Amendment of Terms)

1. The Company may amend these Terms if:
1. The amendment benefits Users.
2. The amendment is reasonable in light of necessity, fairness, and other circumstances.

2. The Company will notify Users of such amendments by posting on the Service or website, or by other methods specified by the Company.

Article 12 (Handling of Personal Information)

1. The Company shall handle personal information obtained through the Service appropriately in accordance with its Privacy Policy.

Article 13 (Notices and Communication)

1. Notices or communications between Users and the Company shall be made in a manner prescribed by the Company. Unless otherwise notified, the Company will deem the currently registered contact information as valid, and communications sent there shall be deemed received at the time of transmission.

Article 14 (Intellectual Property Rights)

1. All rights to materials constituting the Service belong to the Company or third parties holding such rights. Nothing in these Terms grants Users a license to use such rights.

2. The Company may use content transmitted or posted by Users for service improvement, quality enhancement, defect correction, or publicity.

3. Except as provided in the previous item, Users shall not reproduce, transfer, modify, distribute, publish, or otherwise use content without permission.

4. Users bear all responsibility for content they transmit or post, and the Company does not guarantee its accuracy or quality.

5. The Company shall not be liable for damages arising from the use of content by Users or third parties, except where caused by the Company’s willful misconduct or negligence.

Article 15 (Vehicle Listing)

1. A Seller may start, suspend, and terminate the listing of a vehicle in accordance with the procedures prescribed by the Service.

2. A Seller shall comply with the Secondhand Articles Dealer 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 all other applicable laws and regulations.

3. A User may not make a listing targeted exclusively at specific Users. The Company may, at its discretion, determine from the conditions of the listing or other circumstances whether a listing is intended to constitute a sale targeted only at specific Users.

4. If the Company reasonably determines, with respect to a listing, that it violates these Terms or is otherwise inappropriate, the Company may, in addition to the measures set forth in Article 7, cancel such listing or any purchase activities related to such listing at its discretion. The Company shall not be liable for any damages arising to the User as a result of measures taken under this paragraph, except in cases caused by the Company’s willful misconduct or negligence.

5. The Company shall not be liable for any damages incurred by Users or third parties in connection with a listing, except in cases caused by the Company’s willful misconduct or negligence.

6. When listing a vehicle, a Seller shall be required to input information concerning the vehicle to be listed, such as its manufacturer, model, and grade (hereinafter referred to as “Vehicle Information”), and upload photographs of the vehicle. A Seller shall not make a listing without a genuine intent to sell, nor shall a Seller input false Vehicle Information. A Seller shall not upload photographs unrelated to the listed vehicle as photographs of such vehicle, and the photographs must reflect the current condition of the vehicle as of the time of listing.

7. Listings using the Service may be made in two forms: “Fixed Listings,” in which the public location of the vehicle is specified at the time of listing, and “Mobile Listings,” in which the location information is periodically updated.
1. In the case of a “Mobile Listing,” the location information of the Seller’s device is collected using GPS while the vehicle is listed, and disclosed to other Users. At the start of a listing, a Seller is recommended to set areas where location information will not be disclosed, so as to avoid disclosure of private information such as the Seller’s home or parking location. The Company shall not be liable for any damages incurred by a User due to failure to set such non-disclosure areas, except in cases caused by the Company’s willful misconduct or negligence.

8. The Service provides a function for Sellers and Users intending to purchase to send and receive messages regarding vehicles listed or being listed. Users must comply with applicable laws when using the Service, such as refraining from looking at smartphones while driving. The contents of messages sent and received can be viewed only by the sender, the recipient, and the Company. The Company may, when necessary, review such contents and delete them if deemed inconsistent with these Terms.

Article 16 (Vehicle Purchase)

1. A User may purchase a vehicle listed for sale by following the procedures prescribed by the Service.

2. A Buyer shall comply with the Secondhand Articles Dealer 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 all other applicable laws and regulations.

3. A User shall not post messages or make purchase offers without a genuine intent to purchase, or engage in acts which, in the judgment of the Company, constitute pranks or uses of the Service for purposes other than its original intent.

4. The Company shall not be liable for any damages incurred by Users or third parties in connection with the purchase of vehicles, except in cases caused by the Company’s willful misconduct or negligence.

5. Pursuant to Article 14, Paragraph 1 of the Secondhand Articles Dealer Act (Act No. 18 of 1949), Users who qualify as secondhand dealers as defined in Article 2, Paragraph 3 of the same Act (hereinafter referred to as “Secondhand Dealers”) shall not receive vehicles from persons other than Secondhand Dealers at locations other than their business premises or the residence or place of business of their counterparties. However, this restriction shall not apply to on-street vehicle assessments that do not involve the receipt of vehicles, or to the posting of messages or making of purchase offers using the functions of the Service.

Article 17 (Payments and Transactions)

1. In the Service, when a Seller accepts a purchase offer transmitted by a User intending to purchase, using the functions of the Service, a sales contract for the vehicle concerned shall be deemed concluded.

2. Sellers and Buyers shall not assign, pledge, or otherwise dispose of the rights and obligations arising under the sales contract to third parties.

3. If either or both of the Seller and the Buyer are Authorized Accounts:
1. After the conclusion of the sales contract, the Seller and Buyer shall make payment of the prescribed amount in the manner determined by the Service. The total payment amount shall be calculated based on the fee schedule prescribed by the Service.
2. After payment, the parties shall proceed with the delivery of the vehicle and other necessary procedures in accordance with the procedures established by the business of the corporation with which the Users are authenticated.

4. If both the Seller and the Buyer are Personal Accounts:
1. After the conclusion of the sales contract, the Seller and Buyer shall, in accordance with the method prescribed by the Service, select options, make payment of the prescribed amount, and carry out the delivery of the vehicle and other necessary procedures. The total payment amount shall be calculated based on the fee schedule prescribed by the Service.

5. In the event of a dispute between the Seller and the Buyer regarding the purchased vehicle, such dispute shall be resolved between the parties concerned. However, the Company may, at its discretion, participate in such discussions.

6. After the conclusion of a sales contract, cancellation of the contract shall not be permitted except in the following cases:
1. If both the Seller and the Buyer are Personal Accounts, the vehicle subject to sale shall be appraised by an appraiser. The appraisal fee shall be borne by Strema. However, if it is determined by appraisal that a vehicle has accident history despite being registered as having none, the sales contract shall be canceled, and in such case the appraisal fee shall be borne by the Seller. In the event of cancellation due to discrepancies in registered accident history, the Company shall refund to the Buyer the amount paid under such contract.
2. If there is mutual agreement between the Seller and the Buyer, and either the Seller or the Buyer notifies the Company in the manner prescribed by the Company, and the Company determines that such mutual agreement exists and that the reason is reasonable, the sales contract may be canceled.
3. If the Seller or the Buyer fails or delays to perform necessary procedures or payments in accordance with these Terms, and either the Seller or the Buyer notifies the Company in the manner prescribed by the Company, and the Company reasonably determines that continuation of such procedures or payments is impossible, the sales contract may be canceled.

7. The Company shall not be liable for any damages incurred by a User arising from the use of payment methods or financial institution information entered by the User being used by a third party, inaccuracies in the information entered, or the Company’s taking or not taking measures pursuant to this Article, except in cases caused by the Company’s willful misconduct or negligence.

Article 18 (Governing Law and Jurisdiction)