This user agreement describes the user conditions upon which you use the SHARP MEMBERS service provided by SHARP Corporation (hereinafter called "SHARP") (hereinafter called the "member agreement"). SHARP provides you this service based on the member agreement, so make sure to thoroughly read this agreement and to agree to its contents before you use. Further, your personal information given when using this service is handled based on the "SHARP MEMBERS Privacy Policy" separately provided on this site.
Chapter 1 General Provisions
Article 1 (Objectives)
SHARP operates the members site "SHARP MEMBERS" (hereinafter called the "site") to provide various services to customers who are using SHARP products.
Article 2 (Definitions)
The terms used in this member's agreement are as defined below.
- (1) "Member" means a person who has completed member registration through the methods instructed by SHARP, and whose membership has been approved by SHARP following the necessary investigations, and to whom a Member ID, etc., has been assigned.
- (2) "Member ID, etc." means the member ID, which is the name specified by the customer during member registration to distinguish between users, combined with the password to authenticate the individual member together with the member ID.
- (3) "Service" means all the services that can be used by a member on this site following personal authentication using their Member ID, etc.
- (4) "Individual regulations" means the individual agreements presented for each service, including this service, the operating regulations, and any of the other various regulations posted by SHARP at any time either online or using any other methods.
- (5) "Linked service" means the websites (excluding this site) or services designated on this site which become available to a Member who has registered his or her name, address, and phone number through member registration and completed personal authentication using their Member ID, etc.
Article 3 (Observance, Application, and Changes to this Member Agreement)
- 1.You shall accept and observe this agreement to use this site and its services, and shall complete your personal authentication to use linked services.
- 2. The individual regulations constitute part of this member agreement. If there is any confliction between the individual regulations and this member agreement, the individual regulations shall prevail.
- 3. SHARP may change this agreement and its individual regulations by notifying members using the methods determined in Article 11. The details of any changes to this agreement and its individual regulations take effect from the date determined by SHARP. If there is no such determination, the changes shall take effect from the date that the changed agreement is posted to this site.
- 4. Any claims arisen due to ignorance of these conditions will not be accepted or considered.
Article 4 (Receipt and Approval of Member Registration Applications, and Methods for Using the Services)
- 1. SHARP determines through a necessary review process whether to accept or reject your application for member registration received in a manner separately specified by SHARP. Further, If you are a minor , you are required to obtain the approval of a parent or legal representative before application for member registration.
- 2. If SHAPR find any of the following matters applied to you, SHARP may refuse your member registration application.
- (1) If there is a false declaration or inadequacy in the required fields of application form
- (2) If you are an applicant who was previously stopped to use this service in whole or in part in accordance with member agreement Article 10 Paragraph 1., or whose registration was deleted
- (3) If you are already a member of this site
- (4) If a person registered as a member registration applicant in your application does not exist
- (5) If SHARP judges the applicant to be unsuitable as a member for any other reason
- 3. If your member registration application is refused for any of the reasons described above, SHARP will notify you of the fact. However, the reasons for refusal will not be disclosed.
- 4. Members shall be individual persons using SHARP products at their homes in Malaysia, Indonesia, Singapore, Vietnam, Philippines, and Thailand.
- 5. If SHARP approves your member registration application, SHARP will notify you thereof when the application procedure is completed. Further, the approval of your member registration application shall take effect when SHARP notifies you thereof, and you shall then become a Member.
Article 5 (Available Services)
- 1. When you register your name, post code, and country of residence, you will be available to this service and also to the relevant Linked services after authenticating your identity by using your Member ID etc.. Further, there will be a case that additional designated procedures are required on the separate Linked service in order to use the Linked services.
- 2. If you do not register all of the items specified above, some or all of the functions of this service or Linked services are restricted.
Article 6 (Adding Member Registration Information)
If you do not register all of the items referred in Article 5-2 above, you may become available to this service without any restriction by adding your date of birth, sex, and phone number in a manner specified by SHARP after SHARP's approval of your membership through its necessary review process.
Article 7 (Using and Managing Member IDs, etc.)
- 1. You shall use your Member ID, etc., complying with this user agreement, the individual regulations and other methods notified by SHARP or posted on this site.
- 2. You shall not disclose your Member ID, etc., to a third party.
- 3. You shall not give or lend your Member ID, etc., to a third party or use your ID, etc., as collateral. Further, the rights given under this member agreement shall not be transferable.
- 4. If this service is used through your Member ID, etc., all actions shall be deemed as your actions.
- 5. You shall make inquiries to SHARP when you forget your Member ID,etc in the designated procedures.
- 6. If you find that your ID, etc.is stolen, lost, or used by a third party, you shall notify SHARP immediately and follow any instructions given by SHARP.
Article 8 (Report of Changes to the Registration Items)
If the registered items, such as name, post code, e-mail address, phone number, etc. are changed, you shall report the changes promptly in a manner designated by SHARP.
Article 9 (Withdrawal)
- 1. If you wish to withdraw this membership, you shall notify SHARP thereof in accordance with the designated procedures. You can withdraw this membership from the day when SHARP completes the withdrawal procedures.
- 2. If your withdrawal procedures are deficient, such as not notifying SHARP of changes to a member's registration information, it may not be possible to complete the withdrawal procedures.
- 3. After your withdrawal, you cannot use this service or any Linked service with your Member ID.
Article 10 (Stoppage of Use of the Service and Deletion of Member Registration)
- 1. In any of the following cases, SHARP may stop your use of the service either in whole or in part without prior notice, or delete your member registration.
- (1) If SHARP finds that your member registration application was based on false information
- (2) If you breach this member agreement, the individual regulations, or use methods determined by SHARP
- (3) If SHARP judges that Article 15 (Prohibitions) apply to your actions
- (4) If SHARP judges that your action is impeding this service, or that your action is unsuitable to this service
- (5) If SHARP judges you are not suitable as a Member for any other reason
- 2. If you do not use this service for 2 years or longer, and after SHARP has notified you beforehand in accordance with Article 11, your member registration may be deleted by SHARP.
- 3. If your member registration is deleted as per Paragraph 2 above, you will become unable to use either this service or any other Linked services.
Article 11 (Notifying and Contacting Members)
- 1. SHARP will notify or contact you by the way which SHARP considers as suitable based on your registered information in the member registration application in Article 4 or the e-mail address, address, and phone number, etc.which are specified by you in the notification of changes in Article 6.
- 2. SHARP may post any notifications to all Members on this site instead of using the methods described paragraph 1.
- 3. Notifications and contacting members, regardless of whether or not they reach you, shall be deemed to have reached you when SHARP mails your e-mail address if using the methods determined in Paragraph 1, and when posted to this site if using the methods in Paragraph 2.
Article 12 (Providing and Ending this Service, etc.)
- 1. The details of this service and its methods of use, etc., are posted to this site.
- 2. This service is provided based on the individual regulations and the use methods determined separately on this site.
- 3. SHARP may suspend or terminate this site and this service, or add, change, or partially abolish the type and content of this service without notifying you beforehand. In this case, SHARP may notify you using the methods described in Article 11.
- 4. After having notified the Members at least 30 days in advance using the methods described in Article 11, SHARP may terminate this site and individual authentication systems using Member IDs, etc., and this service entirely.
Article 13 (Using Linked Services)
Use of this site and Linked services may be disabled due to the disabling of individual authentication caused by a site system failure.
Article 14 (Responsibilities for Facilities, etc.)
- 1. You shall bear your own costs and responsibility for all communications devices, software and the preparation of other instruments necessary to use this service, as well as the provision of a communications environment such as joining an internet connection service and all concomitant measures. SHARP shall bear no responsibility for use of this service being disabled due to malfunctions in the devices or internet connection, etc.
- 2. SHARP will not remodel, change, or add to the equipment, systems, and software etc., or change the methods by which the service is supplied, for the purpose of assuring their compatibility to all communications equipment, software, and other ancillary devices used by members when using this service.
- 3. You shall acknowledge and agree in advance that there is a risk that use of the service may be impeded either in whole or in part if you don't have the communications environment, software, etc., recommended by SHARP for use of this service.
Article 15 (Personal/Non-Commercial Use)
Unless otherwise specified, this service is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content made available via the service.
Article 16 (Prohibitions)
In using the services on this site, you are prohibited to implement any of the following actions. Further, SHARP may stop to provide the service or take other suitable measures if SHARP judges that you have implemented or you are at risk of implementing the following actions with regard to the service.
- (1) Actions that infringe the rights (including privacy, reputation, trust, and intellectual property rights such as copyright, etc.), or the assets and profits of other Member, SHARP, or a third party
- (2) Actions that libel or slander other Member, SHARP, or a third party
- (3) Actions that violate the law or public morals, or actions that provide the information to violate public morals
- (4) Actions that violate this use agreement, the individual regulations, or the use methods determined separately on this site
- (5) Actions that illegally use the IDs, etc., of other Members
- (6) Actions that use or upload harmful programs such as computer viruses, etc., to this service or to the servers involved with SHARP management
- (7) Actions that provide counterfactual information
- (8) Actions that manipulate the information provided through this site or service
- (9) Actions that aim to make profits from this site or service without the approval of SHARP
- (10) Actions that give or loan to a third party, or use as collateral, all or some of the rights for using this service and other rights obtained through points, regardless of whether or not a fee is charged
- (11) Electioneering or other similar actions
- (12) Criminal activities or actions linked to criminal activities
- (13) Religious proselytizing and other religious activities to spread a religion
- (14) Actions that hinder the operations of this site, service, and linked services
- (15) Any other actions that SHARP judges to be unsuitable
Article 17 (Handling of Copyright, etc.)
- 1. Copyright and all other intellectual property pertaining to the images and test (hereinafter called "information") supplied by this site and service belong either to SHARP or to the suppliers of the information.
- 2. You shall not use the information provided via this site and service beyond the scope of personal use as a Member determined by copyright law without the approval of the rights holder.
- 3. You shall not use or publish the information provided via this site and service as a third party without the approval of the rights holder.
Article 18 (Subcontracting)
SHARP may subcontract the operations of this site and service to a third party wither in whole or in part.
Article 19 (Handling Personal Information)
Your personal information given when using this service is used suitably and managed strictly based on the "SHARP MEMBERS Privacy Policy".
Article 20 (Proposals, etc., to SHARP)
SHARP shall handle any technical or commercial proposals, or anything similar, submitted to this site's operations office as described below.
- (1) SHARP shall not evaluate or discuss, etc., the content of any submissions.
- (2) SHARP shall not be under any obligation to treat the content of any submissions as confidential.
- (3) Even if the content of a submission resembles or duplicates proposals rolled out, developed, and adopted by SHARP either in whole or in part, SHARP shall bear absolutely no responsibility, including the payment of considerations, etc.
Article 21(Dispensations from Responsibilities)
- 1. SHARP cannot in any way be responsible for the accuracy or conformance to specific objectives of any information, etc., acquired from the member through this site or service. Further, SHARP shall bear absolutely no responsibility for any damages incurred by either a member or a third party arising from this information, etc.
- 2. Items among the goods and services, etc., supplied by this site and service that are supplied by a third party other than SHARP are supplied at the responsibility of the relevant third party, and SHARP shall bear no responsibility for the contents of these goods and services or for disputes over rights infringements, etc., arising between the third party and a member.
- 3. SHARP shall bear no responsibility for disputes arising between members, or between a member and a third party, regarding the information supplied via this site and service.
- 4. The responsibility for any damages incurred by a member due to misuse of their Member ID, etc., insufficient management, or illegal use by a third party, etc., belongs to the member, and SHARP shall bear no responsibility whatsoever.
- 5. If any changes occur to the contents of items notified to SHARP, such as a member's name, post code, e-mail address, phone number, SHARP devices owned, etc., SHARP shall bear no responsibility even if the member incurs loss of profits by failing to implement the designated notification procedures promptly.
- 6. SHARP shall bear no responsibility even if a member suffers loss of profits due to the deletion of their member registration based on Article 10 (Stoppage of Use of the Service and Deletion of Member Registration). Further, SHARP shall bear no responsibility to recover lost or deleted information.
- 7. SHARP shall bear no responsibility to any member for loss of profits due to the suspension or termination of this service, or due to additions, changes, or partial modifications and deletions, etc., to the type and content of this service based on Article 12-3. and 12-4. (Providing and Ending this Service, etc.)
- 8. SHARP shall bear no responsibility for loss of profits due to a member being unable to use this site or Linked services caused by a site system malfunction.
- 9. SHARP shall bear no responsibility to any Member regarding damages based on the communications devices, software, and internet connection, etc., used by a member that occur when using this service.
- 10. SHARP shall bear no responsibility for problems arising from Member violations of the regulations in Article 17 (Handling of Copyright, etc.)
Article 22 (Limitation of Liability)
IN NO EVENT WILL SHARP AND/OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE OR OTHER LOSS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, "HANDLING PERSONAL INFORMATION", THE SERVICE AND/OR ANY CONTENT PROVIDED THEREIN OTHER THAN LOSSES DUE TO THE NEGLIGENCE OF SHARP AND/OR ITS AFFILIATES. THIS PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY. YOU HEREBY RELEASE SHARP AND/OR ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
FOR THE AVOIDANCE OF DOUBT, THE PROVISIONS UNDER THIS CLAUSE 22 SHALL ONLY BE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS.
Article 23 (Member Responsibilities)
- 1. If you cause any harm to a third party, or a dispute arises between you and a third party, regarding the use of this service, resolution shall be at your own costs and responsibility.
- 2. If you cause any harm to SHARP regarding this service and its use, you shall pay the requisite damages.
Article 24 (Inquiries)
Use the following inquiries page for any inquiries pertaining to this service.
http://www.sharp-world.com/smartapp/members/
Article 25 (Prohibition of Assignment of Rights and Obligations)
You shall not assign, lend or otherwise dispose of your rights and obligations under this agreement.
Article 26 (Governing law and Jurisdiction)
- 1. This agreement shall be governed by the laws of Japan and shall be interpreted according to Japanese law.
- 2. For any disputes between the customer and SHARP regarding this agreement or the service, The Osaka District Court shall be the exclusive court of the first instance.
Article 27(Force Majeure)
Sharp shall in no way be liable for any delay or failure in its performance to the extent such delay or failure is caused or is a result of acts beyond Sharp's reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Sharp.
Article 28(Waiver/Severability)
Sharp's waiver of any breach or right under these Terms and Conditions shall not be deemed a waiver of any other or subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the original intent of the provision to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect.
Article 29(Entire Agreement)
These Terms and Conditions constitute the entire agreement between you and Sharp concerning the use of this service and supersede any and all statements or other agreements, whether oral or written, between you and Sharp. These Terms and Conditions may not be altered, edited, supplemented or amended in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by you and an authorized representative of Sharp in writing.
Article 30(Language)
The Terms is prepared in English or other languages. If there are any discrepancies among them, the English version shall prevail.
[Established April 2, 2018]