User agreement

Article 1 General Terms

Section 1 Applicability of Terms

YOUSAF MOTORS CO., LTD (www.yousafmotors.co.jp) (hereinafter referred to as "the company") hereby establishes the following rules and regulations (hereinafter referred to as "the terms") for persons utilizing the company's Internet sales service for used cars and other items (hereinafter referred to as "the users" and "the service" respectively).

Section 2 Scope of and Changes to the Terms

2.1 The Terms apply to the company and to users of the service. Both the company and users shall strictly adhere to the Terms in a sincere manner.

2.2 Where changes are made in the Terms, the company will notify users of such changes. If users do not indicate that they do not accept changes when they next use the service, or within one week of notification of said changes, users will be deemed to have accepted the changes.

2.3 Where one or more section or parts of section contained within these Terms is deemed ineffective or not executable, the remainder of the section or parts of section as well as the section or parts of section deemed ineffective or not executable will remain fully in force. The company and/or the user will legitimize the section or part of section deemed ineffective or not executable and revise it as necessary in order to facilitate enactment. Both parties will work toward achieving the original objective, as well as legal and economic impact, of the concerned section or part of section.

Section 3 User Notification

3.1 Except where otherwise stipulated in the Terms, users are notified by the company via e-mail, via general postings on the service website, or by other means deemed appropriate by the company.

3.2 Where notification as described in (3.1) above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the user's e-mail address.

3.3 Where the notification in (3.1) above is carried out via general postings to the service website, user notification is deemed complete once it has been posted to the Website and users accessing the service can view the posting.

3.4 Once notification as in (3.2) or (3.3) above has been completed, any information contained in said notification is effective immediately.

3.5 Users are under obligation to peruse notification from the company made by e-mail without delay. User perusal e-mail is defined as the user displaying the mail delivered to their server on their screen, carefully reading the content, and verifying that it has been understood.

Section 4 Applicable Laws, etc.

4.1 The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.

4.2 The original English document pertaining to these Terms takes legal precedence. No changes in enactment, validity, execution, interpretation, etc. are effective with respect to translation of the document into other languages.

Section 5 Court Holding Jurisdiction

5.1 Should any disputes between user(s) and the company occur with regard to the service and/or any contracts concluded through the service, the parties concerned agree to attempt to settle any such disputes in a sincere manner through discussion.

5.2 If the dispute(s) cannot be resolved through discussion between the parties concerned, either the Nagano District Court Japan or the Nagano Summary Court Japan holds original, exclusive jurisdiction over the dispute.

Section 6 Prerequisites for Utilizing the Service

6.1 Users are responsible for obtaining the equipment necessary to utilize this service, including communications equipment, software, relevant Internet services, etc.

Section 7 Information Supplement

7.1 Should changes occur in user information such as name, address, telephone number, and other information provided to the company at the time of application, users must report any such changes to the company immediately.

7.2 The company is not liable for any damages incurred by the user or a third party due to failure to inform the company of the changes in user information noted above.

7.3 Where the user neglects to inform the company of changes in registered information, the user understands that the company will deem any notification sent to have been received by the user at the time it is supposed to be received, even if said notification returns to the company as undeliverable, as the notification will be sent as indicated in the information previously provided to the company by the user.

Section 8 Restrictions

8.1 Actions that infringe on company or third-party copyrights or other rights, or actions that pose a threat to such rights.

8.2 Actions that infringe upon the company's assets or its privacy, or actions that pose a potential threat to such rights.

8.3 In addition to numbers (8.1) and (8.2) above, actions that cause loss or damage to a third party or to the company, or actions that pose a potential threat of such loss or damage.

8.4 Transfer of rights stipulated in the Terms to a third party.

8.5 Actions resulting in the defamation of a third party or the company.

8.6 Actions that run counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or actions deemed by the company to potentially lead to such violations, or the action of providing information that runs counter to public order and morals to a third party.

8.7 Illegal actions or actions related to illegal actions, or actions that could potentially lead to illegal actions.

8.8 Actions related to the sex industry or religious proselytizing.

8.9 Utilizing the service as a third party.

8.10 Falsifying or suppressing company or third-party information through access of the service.

8.11 Utilizing harmful computer programs such as viruses through the service or in conjunction with the use of the service or providing any such programs.

8.12 Actions leading to inconvenience or loss for the company or a third party, actions that may interfere with the service, or actions that impede operation of the service.

8.13 Utilizing the service in order to cause significant interference to the use of the service by other users, either directly or indirectly.

8.14 Actions that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).

8.15 Other illegal actions or actions that may potentially lead to illegal actions.

8.16 Other actions deemed inappropriate by the company.

Section 9 Copyrights

9.1 Users may not utilize any information or files accessed via the service by any means whatsoever without the permission of the copyright holder for any purpose besides individual personal use.

9.2 Users may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the service without the permission of the copyright holder.

9.3 Should any disputes arise due to violation of the rules stipulated in this Section, the user is responsible, financially and otherwise, for the resolution of such disputes. The company will not be held liable in any way, and the user will not cause loss to the company.

Article 2 Information Pertaining to Sales Contracts

Section 10 Requesting an Estimate

10.1 Users who wish to obtain an estimate for used cars or other items (hereinafter referred to as “goods”) sold through the service can request the estimate via the service by means specified by the company by entering the required information (name, address, e-mail address, etc.).

10.2 Where an estimate is requested according to the procedure described above, it will be forwarded to the user within three business days by e-mail or other means deemed appropriate by the company.

10.3 Estimates will be forwarded to users as described in Section 3 of these Terms. Note, however, that this information will not be conveyed in the form of general postings on the service website.

10.4 Estimates will be sent within three working days, as described in (10.2) above, only for users that complete the required information as stipulated under the rules of the service. Should a user be unable to obtain an estimate due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the user is responsible, both financially and otherwise, for resolving any disputes arising. The company will not be held liable in any way, and the user will not cause loss to the company.

Section 11 Conclusion of Contract

11.1 Users wishing to purchase goods from the company through the company's service should remit the amount indicated in the estimate (described in Section 10) by electronic wire transfer or should remit the funds to a specified account by other means of settlement as stipulated by the company in the currency specified by the company. The company utilizes systems required for proper payment processing, including requiring the user to enter the estimate number on the message line. Users are responsible for any bank fees incurred in the remittance of funds.

11.2 The contract is concluded where payment is remitted to the company's specified account by the means described above, or where payment is made by some other method specified by the company and said payment has been confirmed.

11.3 Once payment has been made by the user and confirmed by the company, and the user (hereinafter referred to as the Customer) and the company both agree to the sale, the Contractor is promptly notified by e-mail, or other means deemed appropriate by the company, that the contract has been concluded. Users who have made remittances are assumed to have understood and agreed to the estimate.

11.4 Balance for a particular Invoice is to be paid in full within 72 hours of the issued date of the Invoice. Any time later than 72 hours is to be considered a late payment.

11.5 Late payment for a prolonged period can be the cause of unilateral Cancelation by YOUSAF MOTORS CO., LTD with penalties for Customer.

11.6 Whenever 1st or 2nd payments are delayed, the company reserves rights to re-calculate the price according to new exchange rates.

11.7 PayPal money transfers may be stopped, delayed or canceled unilaterally by PayPal. All fees charged by PayPal will be paid by the Customer. In case of PayPal transfers, Customer must inform YOUSAF MOTORS CO., LTD by EMAIL that a transfer was made. YOUSAF MOTORS CO., LTD will confirm PayPal transfers only during accountancy working hours and may take some time to update depending on accountancy workload.

11.8 It is the responsibility of the Customer to research in advance any import regulations in their own country, and to report these to the company. Further, the Customer is responsible for paying all taxes assessed in their country.

11.9 It is the sole responsibility of the Customer to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in (11.8) above, and the Customer will not hold the company liable in any instance whatsoever. Furthermore, the Customer is liable for any resultant damages incurred by the company, while the company bears no liability for any such damages.

Section 12 Termination of Contract

12.1 Even where the contract has been concluded as described in (11.2) of Section 11, the company reserves the right to terminate the contract where the goods cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities, where the Customer has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the Customer.

12.2 In instances as described in (12.1) above, any funds remitted, or payments made to the company will be returned to the Customer in full. Any bank fees arising as a result are paid by the user, and the company pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the user, and the company bears no such costs whatsoever.

Section 13 Forwarding and Shipping

13.1 Once the contract has been concluded with the Customer and the appropriate paperwork (Japanese export customs administration, shipping arrangements, etc.) completed, the Contractor will be promptly notified of shipping details as described in Section 3 (notification).

13.2 For all shipping ports of Japan, we provide free storage for 30 days. In any cases where shipping is delayed due to any of the following reasons,

13.3 the user is liable for storage fees at the rate of 10$ for passenger cars, 20$ for truck/buses per day starting from the 31st day of storage.

Section 14 Refunds

14.1 Refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on a contract for the payment concerned.

14.2 Refunds may also be given where both parties agree, even where no reasonable basis as described in (14.1) above is recognized.

14.3 Bank fees assessed on remittances related to refunds as described in (14.1) and (14.2) above are paid by the Customer.

Section 15 Transfer of Property Rights on Goods

15.1 The timing of transfer of property rights between the company and the Contractor is governed by the International Commercial Terms set forth by the International Commercial Terms (ICC), as noted on the estimate at the time the contract is concluded (see Section 11). Ownership of goods purchased under F.O.B. quote is transferred at the time they have passed the ship's railing, while that of goods purchased under the “C” terms (CIF, CFR, and C&I) is transferred when the goods pass the ship's railing provided the shipping documents have been issued. In other cases, transfer timing is determined by the company and the transferee based on individual circumstances.

15.2 Where the company and the Customer agree to conditions other than the above, their agreement takes precedence.

Section 16 Transfer of Risk

16.1 The ICC apply to the timing of transfer of risk on goods between the company and the Customer, as noted on the estimate at the time the contract is concluded (see Section 11).

16.2 Where the company and the Customer agree to conditions other than the above, their agreement takes precedence.

16.3 Company does not sell, or accept payments, or make payments to the countries/regions that are under sanctions: North Korea, Iran, Cuba, Syria, Crimea, Sanctioned Russian Parties, Government of Venezuela, Any Other Sanctioned Target.

Section 17 Product Liability

17.1 Company sales are based on as-is condition at the time of sale. The company bears no liability whatsoever for problems, including failure and/or accidents, with Customer purchases of goods where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer (hereinafter referred to as “the manufacturer”). Further, the company holds no liability for damages so incurred by any third parties.

Section 18 Defect Liability

18.1 As described in Section 15, once property rights have been transferred, the company is in no way liable for damages incurred by the Customer, including defects or failure. Further, the company holds no liability for damages so incurred by any third parties.

18.2 The company and Customer may agree to conditions other than the above, in which case their agreement takes precedence.

Section 19 Cost Burden

19.1 The company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the Customer or a third party. The Customer covers the cost burden required to resolve any such issues.

19.2 In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the company, the company will pay all repair and compensatory costs involved, regardless of the rules stipulated in (19.1) above.

19.3 The company and Customer may agree to conditions other than the above, in which case their agreement takes precedence.

19.4 Where a contract is concluded as stipulated above, the company will not allow for any returns once the goods or property rights on such goods have been transferred.

19.5 Exceptions to the above may occur where the company is largely responsible.

Article 3 Other Issues

Section 21 Safeguarding User Information

The company will not dispose of or disclose information provided to the company by the user in requesting an estimate, as described in Section 10, or information that becomes known to the company through the process of the user utilizing the service, except under the following circumstances.

21.1 Where the user agrees to the disclosure of limited personal information (username, address, telephone number, e-mail address, etc.).

21.2 Where the company discloses statistics collected on personal information (the type of information where individual users are not specified) for the purpose of assessing trends in the use of the service.

21.3 Where disclosure is required by law.

Section 22 Termination and Suspension of Service

The company may terminate or suspend operation of the service under the following circumstances:

22.1 For regular or emergency system maintenance or work on the service, or under unavoidable conditions such as a company system failure.

22.2 Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the service cannot be operated as usual.

22.3 Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.

22.4 Under any other circumstances where the company deems temporary suspension necessary to the operation of the service.

22.5 The company will inform users in advance when operation of the service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.

22.6 The company is in no way liable for damages incurred by users or third parties resulting from termination or suspension of the service.

Article 4 Auction Biding and Deposit

Section 23 Deposit

23.1 In order to participate in Item auctions or to order a stock purchase, it is necessary to have an adequate amount of Deposit in the Customer account. The smallest Deposit amount with YOUSAF MOTORS CO., LTD 1,000 USD or 30% whichever is higher the amount of Customer intended bid or type of item. Please contact YOUSAF MOTORS CO., LTD in case of doubts about the correct amount of Deposit.

23.2 YOUSAF MOTORS CO., LTD can cancel your bid unilaterally in case it finds that the deposit is not enough to place a particular bid.

23.3 If customer's deposit is inadequate in the account, automatically the system won't allow this customer to bid. This is a non-negotiable condition and a basic rule of transactions with YOUSAF MOTORS CO., LTD.

23.4 No TT copy or any other document is enough to confirm a deposit. Only when the money has arrived in the YOUSAF MOTORS CO., LTD bank account and it is uploaded to the customer account, is to be counted as deposit. If there is no deposit showing in the customer’s account in our website, it means there is no deposit.

23.5 Deposit can be always refunded ref section14.3 However, if customer has already placed bid which still have not ended, already won an item, has a due balance, has a pending situation regarding payment and/or certain other specific topics that YOUSAF MOTORS CO., LTD may see as related, YOUSAF MOTORS CO., LTD can keep this deposit until the situation is resolved.

23.6 Cancelation by customer User may cancel the order before the goods are shipped and will be required to pay a cancellation fee 1,000 USD or 25% of the total amount whichever is higher.

Section 24 Auction Bid

24.1 The only official way to bid with YOUSAF MOTORS CO., LTD is to bid directly from customer account page auctions section any other way of bidding are not official methods to bid and cannot be used for claims to YOUSAF MOTORS CO., LTD.

24.2 YOUSAF MOTORS CO., LTD will receive customer maximum offer for an item and bid on customer behalf directly at the Auction House bidding system. YOUSAF MOTORS CO., LTD is not responsible in case of a failure at the Auction House bidding system, a failure with the network or failure due to any event of force majeure.

24.3 YOUSAF MOTORS CO., LTD will update the results of the auction to the customer account as fast as possible. Depending on YOUSAF MOTORS CO., LTD capabilities or special situations, results and updates on results may take some time to show on customer page. These delays on result updates may take up to several hours after the auction is finished. In some cases, it may take until the next working day.

24.4 If customer is not sure about the result of a particular bid, customer should contact YOUSAF MOTORS CO., LTD to confirm the result status.

24.5 If the result shows “Lost” it means item was won by a different bidder. “Unsold” means that the seller decided that the maximum offered amount was not enough and didn’t accept to sell. “Won” means the customer has successfully won the auction of that item. These results may change or be updated later by YOUSAF MOTORS CO., LTD.

24.6 Customer can request to YOUSAF MOTORS CO., LTD to apply to negotiate for item that ended “Unsold”. Depending on the time of the application the item could be sold already.

24.7 Once applied to negotiation, the application cannot be canceled. The customer must have this in mind at the time of applying.

24.8 YOUSAF MOTORS CO., LTD can decide to automatically negotiate some items which were unsold under the customer maximum bid offer. However, YOUSAF MOTORS CO., LTD also may not negotiate automatically for unsold items depending on its capacity on a given day or depending on how the bids grouping is arranged.

24.9 Negotiation results may take a long time depending on the Auction House and the seller. Sometimes depending on the seller's decision, the seller may not accept the negotiation application or reject it.

24.10 Once a bid remaining time shows “End”, the bid cannot be modified. For any requested change after the remaining time shows “End”, YOUSAF MOTORS CO., LTD will try its best, but cannot be held responsible for it. Also, once the remaining time shows “End”, the bid cannot be canceled. YOUSAF MOTORS CO., LTD can make its best effort to cancel, but cannot be responsible.

24.11 Customer must always check their bidding list. Customer must check for updates in the bidding list during the bidding day and confirm any other update on the day after the auction. YOUSAF MOTORS CO., LTD will always try its best to keep this bidding list updated but also requires the Customer cooperation to keep vigilance of its own results list.

24.12 If more than one customer is bidding for the same item at YOUSAF MOTORS CO., LTD, YOUSAF MOTORS CO., LTD will only place a bid for the highest bid (highest budget customer). A message alerting of this situation (“Important”) will automatically show on the lower budget customer’s bidding list. In some cases, due to the highest budget customer grouping arrangement or sudden cancellation of the bid by this highest budget customer, other customer with a lower budget may end up winning the item. Customer should be aware of this situation and make sure to inform YOUSAF MOTORS CO., LTD if they wish to cancel a bid in order to avoid this situation.

24.13 Depending on the auction house, it may or may not be possible to place the exact bid as the one the customer entered as the maximum bid on the website. Therefore, YOUSAF MOTORS CO., LTD will do its best to not bid over the maximum bid amount. Nevertheless, YOUSAF MOTORS CO., LTD may overbid up to 200 USD in some cases in order not to lose the auction or due to auction house rules or bidding conditions which makes it impossible to avoid overbidding. customer agrees to accept overbids of up to 200 USD. This is non-negotiable and customer should be aware at the time of placing a bid.

24.14 If there is any point on the inspection sheet which the customer has doubts or questions about, customer should contact YOUSAF MOTORS CO., LTD before placing a bid. YOUSAF MOTORS CO., LTD is not responsible for mistakes or misunderstandings made by customer upon reading an item inspection sheet.

Article 5 Compensation for Loss

Section 25 Exclusions

25.1 Except where otherwise specified in the Terms, the company is in no way liable for damages incurred by users or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or abolishment of the service, leakage or loss of information provided through registration with the service or other means, or damage otherwise incurred related to the service.

25.2 The above may not necessarily apply in cases where there is criminal intent or gross negligence on the part of the company.

25.3 The company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the service, or of information obtained by users through the service.

25.4 The company makes no guarantees of proper operation of any user equipment or software.

25.5 The company is in no way liable for any disputes between users and third parties that may arise through use of the service.

25.6 In addition to the above, the user is liable for compensation of any damages incurred by the company as a result of his or her violation of the Terms, criminal intent, or gross negligence.