OVERVIEW

This website is operated by Musuvi Inc. and Wonder Palette Inc. Throughout the site, the terms “we”, “us” and “our” refer to Musuvi Inc. and Wonder Palette Inc. Musuvi Inc. and Wonder Palette Inc. offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

ARTICLE 2 (MEMBER REGISTRATION)

1. Customers who wish to purchase items through the Service are to complete the membership registration in advance. Member registration is free of charge.
2. By agreeing to the Agreement, customers who wish to be registered as a member become eligible after the completion of the member registration prescribed by the Company. The member registration process must be completed by the person who wants to join the membership, and no registration by any deputy is accepted.
3. The Company may reject the said registration if it falls under any of the following:
   • (1) A potential member’s past membership was cancelled due to a violation against the service agreement provided by the Company.
   • (2) The requested details of a membership registration contain false information.
   • (3) A potential member has had any delinquency concerning the services provided by the Company of late payment of fees, rejection/unavailability of receiving items for a long period of time, or rejection of returning/replacing an item for no fair reason.
   • (4) A potential member has committed any prohibitions prescribed by the Agreement in the past.
   • (5) The Company rationally determines the registration approval from the provision/management perspective of the Service is inappropriate besides the abovementioned.
4. In the case of any changes occurring to the registered information, a member shall follow the method prescribed by the Company and modify the details in a prompt manner. The Company is not liable for any damages caused to a member due to his/her failure to update the membership registration in a timely manner.

ARTICLE 3 (TERMINATION OF USE, CANCELLATION OF MEMBERSHIP REGISTRATION)

The Company may terminate the use of the Service or cancel the membership registration if a member is judged to fall under any of the following:

• (1) Laws and regulations of the Agreement are violated.
• (2) There was any dishonest act or default on financial obligations for using the Service in the past.
• (3) The registered contents contain false information.
• (4) There are any other inappropriate reasons as a member.

ARTICLE 4 (Passwords)

Members may not lend, transfer, assign, or allow any third party to use their passwords. We are not liable for any damages Members incur due to inadequate management, erroneous use, or third party use of passwords. Furthermore, if we incur damage or loss as a result of the said causes, the offending Members must compensate or make reparations to us for that damage or loss.

ARTICLE 5 (PURCHASE OF ITEM)

1. Upon purchase of an item, a member is to fill out the prescribed items required for placing an order, then click the order button to complete the application.
2. Notwithstanding the provisions of the preceding paragraph, in the case of a dishonest act or inappropriate act against the use of the Service, the Company may cancel, terminate, or take other necessary actions concerning the contract of sale.
3. Upon purchase at the Site, please follow your country’s law and purchase at your own risk.
4. If the Site is in use, it shall mean a user agrees to the stipulations of the Site, especially about the part that the buyer must be over the legal drinking age. Please refrain from using the Site if you disagree with the stipulations of the Site, or if you are not over the legal drinking age.

ARTICLE 6 (MODIFICATIONS TO THE SERVICE AND PRICES)

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ARTICLE 7 (Cancellations, Returns or Exchanges)

1. Once the order process is completed, the Member may not cancel it at his/her own convenience even if the order has not yet been confirmed by us.
2. Post-order returns or exchanges are accepted only if the products delivered are either different from what you ordered, or are defiled or damaged. Please contact "info@tinystrapps.com" within 7 days of the arrival of the products.
3. Please note that we do not accept any returns and exchanges due to customer's convenience.
4. Please contact "info@tinystrapps.com" with any questions about cancellations, returns, or exchanges.

ARTICLE 8 (Payment)

1. Please make payments following the procedure established by Musuvi Inc. and Wonder Palette Inc.
2. We are not liable for any damages incurred as a result of exchange rate fluctuations.

ARTICLE 9 (PROHIBITIONS)

The customer shall not undertake any action set forth in each of the following items. In the event such actions cause any damage against the Company or a third party, the customer shall be liable for indemnifying it.

• (1) Misappropriation of member ID and password
• (2) Transferring or lending of member ID and password
• (3) Membership registration is made with false information
• (4) Defacing information by accessing the Company’s webpage, interference with the Service operation by transmitting harmful computer programs to the Company’s webpage, and other actions which may disrupt the Service
• (5) Acts amounting to infringement of trademarks, copyright, privacy and other rights belong to other customers, third parties, or the Company; acts amounting to inconvenience, disadvantage or damage against other customers, a third party, or the Company; or acts which are likely to cause them
• (6) Performing a threat to public order and morality, or infringement of the law
• (7) Other acts the Company rationally determines as inappropriate, such as infringement of the Agreement, damage to credit, etc.

ARTICLE 10 (THE COMPANY’S EXEMPTIONS)

1. This Service is what the Company offers “as-is” and “within the available limit”, and the Company does not explicitly or implicitly warrant the Service conforming to the customer’s particular purposes, expected functions/commercial value/usability/accuracy, etc.
2. Except for causes attributable to the Company, the Company shall not be liable for any damage arising to the customer due to the Service.
3. The Company may modify the Service at its sole discretion without prior notice, and the Company shall not be liable to the extent recognized by law if any damage arises to the customer from this.
4. Pertaining to the damage of an item sold through the Service due to a defect, the Company shall handle it pursuant to the provision of Article 7 Paragraph 2 of the Agreement, however, they shall not be liable to other obligations to the extent recognized by law.
5. In the case of an unknown shipping destination, the Company shall be exempted from the responsibility of shipping the merchandise to the ship-to address specified during the application or reaching the registered contact address.
6. Even though the Company is liable to the customer for any reason regarding the Service usage, the Company shall indemnify the damage that has been caused to the said customer directly and realistically no more than the actual amount the said customer has paid to the Company over the last six months before the occurrence of the said damage (however, this shall not apply in the case where there is wilful or gross negligence by the Company), however the Company shall not be liable for any incidental damages, indirect damages, consequential damages, and loss of income.

ARTICLE 11 (SUSPENSION AND TERMINATION OF THE SERVICE)

1. The Company may terminate/suspend a part or all of the Service without prior notice to the customer if a situation falls under any of the following. And the Company shall not be liable to the extent recognized by law if any damage arises to the customer from this.
   • (1) The Site’s system maintenance is performed
   • (2) The Site’s system delivery becomes difficult
   • (3) Delivery of the Service becomes difficult due to natural disasters such as fire, earthquake, power failure, as well as other acts of God
   • (4) If the Company determines continuing delivery of the Service is difficult due to compelling reasons

ARTICLE 12 (HANDLING OF PERSONAL INFORMATION)

1. The Company shall handle the personal information of customers according to the regulations of this article, and the customers shall agree that the Company handles their personal information according to this article.
2. Privacy policy
   While being fully aware of the importance of the personal information of the customer who uses our Internet shopping website, the Company shall comply with laws pertaining to personal information protection and other norms, establish the privacy policy, and thoroughly conduct the customer’s personal information protection.
   Refer to the following URL for the Privacy Policy provisions:
   • privacy-policy
   • In the case of any inconsistency between the Privacy Policy and the Agreement, the description on the Agreement shall prevail.
3. Purposes of the use of personal information
   For the following purposes the Company uses the name, address, phone number, date of birth, sex, e-mail address, occupation, purchase history, and personal information obtained from a member via this Site.
   1. Member management
   2. Notification of matters required for the Site delivery
   3. Implementing promotions/prize offers and questionnaires
   4. Information of the Company’s and a third party’s merchandise, related services’ advertisement and sales
   5. Providing information such as the ma+37:37il magazine
   6. Packing/Shipping of merchandise
   7. Credit control, credit management, billing calculation, request for fee payment
   8. Distribution of points and services such as coupons (hereinafter referred to as “Points”)
   9. Listing information posted by a customer
   10. Handling various customer inquiries
   11. Investigation/analysis of marketing data, new service development
   12. Exercise of rights and performance of obligations based on contracts or laws.
       Also, information obtained from the customer may be processed as unidentifiable data and provided to a third party.
4. Appropriate management of personal information
   The personal information obtained shall be maintained accurately and up to date, and necessary and appropriate actions shall be taken in order to prevent and correct leakage, ruination, or defamation of personal information, and to safely manage other personal information.
5. Disclosure of personal information to a third party
   The Company shall not disclose/provide personal information except for the following if:
   • 1) The owner of such information agrees
   • 2) Provision of information to a third party is granted under the Personal Information Protection
6. Joint use of personal information
   Personal information obtained may be jointly used with our group companies.
   • 1) Items of personal data to be jointly used Name, address, phone number, date of birth, sex, e-mail address, occupation, purchase history, information obtained from a member via this Site.
   • 2) Scope of joint usage
     Musuvi Inc. and its group companies
   • 3) Purpose of the Joint Purpose
     It will be jointly used for the following purposes:
     • a) For the purpose of personal information usage set out in 3 above.
     • b) Management of the group companies by Musuvi Inc.
   • Joint Responsible Party Musuvi Inc.
7. Consignee Management
   

   In order to carry on business such as providing items and services to its customers, the Company may provide a part of the personal information to external consignees. In such cases, the consignee will conduct a strict investigation, conclude the nondisclosure agreement, and perform the appropriate supervision.

8. Inquiry, Modification, or Deletion of Personal Information
   

   The Company will accept requests for the suspension of usage and the suspension of provision to a third party in the event where a correction needs to be made to the contents of the personal information disclosure, notification of the purpose of usage, and applicable personal information for disclosure.

   
   Contact Information
   Musuvi Inc.
   2-5-38, Fukumachi, Nishiyodogawa-ku, Osaka 555-0034 JAPAN
9. Reception Counter of Complaints/Inquiries Please contact us at the following counters for complaints/inquiries about personal information handling:
   Postal mail
   Musuvi Inc.
   2-5-38, Fukumachi, Nishiyodogawa-ku, Osaka 555-0034 JAPAN
   info@tinystrapps.com
10. Disclaimer
    

    The Company will not bear any responsibility whatsoever concerning the personal information provided by a customer that is handled by a third party’s Website linked from the Company’s Website. Please refer to the Agreement regarding the handling of personal information at the respective link destinations.

11. Cookies
    

    Cookies may be used on our Website. This function could be set as invalid with your browser setting changed, however some of the services provided by the Site may become unavailable.

ARTICLE 13 (COPYRIGHT)

The copyright of the entire productions (images, sound files, compositions, etc.) listed on the Site shall belong to the Company or the rights holder of the said productions. The customer shall not use or reproduce these productions without permission.

ARTICLE 14 (TRANSFER OF CONTRACTUAL STATUS)

1. Without the Company’s prior written agreement, the customer cannot transfer, relocate, collateralize, or dispose his/her contractual status, rights, or duties regarding usage of the Service.
2. The Company may transfer a business related to the Service, and transfer the contractual status of the Service, rights, and duties to the said business’s assignees. The customer is to approve the said transfer in advance.

ARTICLE 15 (THIRD-PARTY LINKS)

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ARTICLE 16 (ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION)

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 17 (Changes to these Terms)

We may make changes to these Terms as appropriate, without notice to Members. In such cases, the conditions of use of this Website provided by us will be based on the changed Terms. As we may not individually contact Members in the event of a change, please make sure to confirm these Terms every time you use this Website. By using this Website after a change to these Terms, you are deemed to have consented to the changed version of these Terms. We are not liable for any inconveniences or damages incurred consequent upon changes to these Terms.

ARTICLE 18 (JURISDICTION)

The Osaka District Court shall be the agreed court with exclusive primary jurisdiction for all litigation in connection with this Service’s usage.

ARTICLE 19 (GOVERNING LAW)

The construction, validity, performance and interpretation of this Agreement shall be governed by the Laws of Japan.