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Membership Agreement

Please read the following membership agreement. If you agree to it, click "I Agree" at the bottom to proceed.

Membership Agreement

1.This website "Kobelco Used Equipment Information" (hereinafter called "This Site") is co-managed and operated by Kobelco Construction Machinery International Trading Co., Ltd. (hereinafter collectively "KOBELCO"). Agreement sets for the terms and conditions for the use of "KOBELCO Used Equipment Service" (hereinafter called "Service") by Members (defined in Article 3) on or in relation to This Site.

2.KOBELCO have the right to change Agreement without consent of Members provided that KOBELCO notify its intention of changing Agreement. The notifications from KOBELCO to Members shall be issued by posting on This Site, by e-mail or by other reasonable ways which KOBELCO decide. In this case, the changed Agreement shall be effective on the date of change to be described in the concerned notice.

3.Members means the user of This Site who applied for a membership registration according to the procedure stipulated by KOBELCO and whose application is accepted by KOBELCO. Applicant who applied for a membership registration of This Site shall be deemed to have agreed to Agreement.

4.In the case that Members desires to cancel its membership registration, such Members shall notify KOBELCO of its intention to cancel its membership registration by e-mail through the "Contact Us" function located on the home screen of This Site. Upon receipt of such e-mail, KOBELCO will cancel the membership registration of such Members in accordance with KOBELCO's internal procedure.

5.KOBELCO shall have the right to cancel the membership registration without notification to Members in any of the following cases.
(1) Any information registered is not accurate.
(2) An e-mail sent by KOBELCO to the e-mail address registered is not delivered.
(3) KOBELCO judge, in its sole discretion, that Member will constitute a violation of any of the applicable laws or regulations in Japan including, but not limited to, Foreign Exchange and Foreign Trade Laws.
(4) Members commits any breach of the terms and conditions of Agreement.
(5) KOBELCO conclude, in its sole discretion, that the Members is inappropriate for any reason other than those described above.

6.Members or applicants shall not be required to pay fees to KOBELCO for any membership registration or any use of Service on This Site except for Service provided with a notice of requiring fees by KOBELCO.

7.Members shall be responsible for the use and keep of its IDs provided by KOBELCO.
7.1 Members shall not assign, sell, buy, lend or otherwise dispose of its IDs, and shall not disclose its IDs or grant any right or license to use the IDs to third parties.
7.2 KOBELCO shall not be responsible for any failure in the use of IDs or any illegal use of IDs by any third party.

8.Members shall bear all costs to use Service, including but not limited to, costs for setting up network facilities required for connecting to the internet, application and use fees to internet providers or network careers.

9.KOBELCO shall have the right to change the contents of, or suspend the provision of, whole or a part of Service without consent of Members, which includes the cases of temporary suspension of Service for the maintenance or construction of KOBELCO's computer system, or the abolishment of Service.

10.KOBELCO make no representation or no warranty in connection with this site, either express or implied, including but not limited to, the quality, suitability, correctness, accuracy, effectiveness, safety, completeness, timeliness, usefulness and non-infringement thereof.

11.Members is prohibited from committing the following acts with regard to their usage of Service.
(1) Acts which infringe upon the copyrights or other rights of other members, third parties, or acts which have the potential for such infringement.
(2) Acts which infringe upon the property or privacy of other members, third parties, or acts which have the potential for such infringement.
(3) Acts which cause damages or other disadvantages to other Members, third parties, or acts which have the potential to cause damages or other disadvantages.
(4) Other acts which are illegal or have the potential of illegality.
(5) Acts which send or receive the information by the person who will pretend to be some one else.
(6) Acts of improper usage of an IDs code or password.
(7) Acts which tampers with Service.
(8) Acts of using or supplying a computer virus or other harmful program through KOBELCO home page.
(9) Acts which obstruct the administration of Service.
(10) Acts which damage the reputation of Service.
(11) Acts which are for the purpose of profit, or to prepare for acts which are for the purpose of profit, through KOBELCO home page without the consent of KOBELCO.
(12) Other acts which KOBELCO deems inappropriate.

12.As for the disadvantages or damages arising out of the changes, suspension or abolishment mentioned in Articles 9, KOBELCO shall not be responsible for any of such disadvantages or damages.
12.1 KOBELCO shall not be responsible for any disadvantage or damages of Members or any third parties arising out of or in relation to using Service.
12.2 Members shall indemnify and hold KOBELCO harmless from any dispute between such Members and other Members or between such Members and any third parties, which may arise from the use of Service. In the case that such dispute arises, such Member shall settle it with such other Member or such third party amicably.
12.3 Members' use of Service is at Members' own risk.

13.In case that KOBELCO suffer any losses from Members’ violation of Agreement, such Members has an obligation to compensate damages.

14.Members shall agree to the exclusive jurisdiction of the Tokyo District Court in Tokyo, Japan for any claim or cause of action arising out of, or relating to or in connection with Agreement.

15.Agreement shall be governed by and construed in accordance with the laws of Japan.

16.It is strictly your responsibility to take necessary measures to make the machines which Members buy from KOBELCO ground comply with the safety industrial standards, statutory regulations and requirements in the countries or areas where Members are taking.

  • I Read and Agreed to the Membership Agreement.
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