Terms and Conditions of Use

Article 1 (Purpose and Definitions)

These Terms aim to provide Users with an opportunity to list and sell used machinery, equipment, or similar goods owned by the User (hereinafter referred to as the “Products”) on the platform operated by the Company and to obtain sales opportunities with third parties. The Company will act as an intermediary and search for potential buyers for the Products.

The definitions of the terms used in these Terms are as follows:

1. “Platform” means the online information platform managed and operated by the Company for the purpose of listing and introducing used machinery and related equipment.
2. “Products” means used machinery, equipment, or other movable property whose sale is entrusted to the Company by the User under these Terms.
3. “Buyer” means an individual or legal entity who intends to purchase the Products listed on the Platform and who concludes a sales contract.
4. “Completion of Delivery and Inspection” means that the Products have been delivered to the Buyer and that the Buyer has confirmed receipt and inspected the condition of the Products.

Article 2 (Listing Fees and Brokerage Fees)

The User shall not be required to pay any listing fees or brokerage fees to the Company in connection with listing the Products on the Platform.

Article 3 (Setting Sales Price)

The Company shall list the Products on the Platform at a price consisting of the sales price set by the User plus the brokerage fee determined by the Company.

The sales price may be changed at any time upon mutual agreement between the Company and the User.

The User agrees in advance that photographs, specifications, and other information of the Products may be posted on the Platform in an anonymized form. The User also agrees that the Company may search for potential buyers using anonymized information through methods deemed effective by the Company, including but not limited to newsletters, video distribution sites, and social media.

Article 4 (Accuracy of Product Information and Indemnification)

The User shall provide accurate information regarding the specifications, condition, operational status, and ownership of the Products.

If false information or material errors are included in the information provided by the User, and such information causes damage to the Buyer or the Company, the User shall be responsible for compensating for such damages.

Article 5 (Warranty and After-Sales Support)

In principle, the Products are sold “as is”, and neither the Company nor the User provides any warranty regarding the performance or quality of the Products.

However, if a malfunction or defect is discovered within 30 days after the sale, the User shall cooperate in good faith with any investigation requested by the Buyer to determine whether the cause of the defect existed prior to the sale.

In the event that a return is required due to a serious defect, the provisions of Article 7 shall apply.

Article 6 (Payment of Sales Proceeds)

The Company shall pay the User the sales proceeds (after deducting the brokerage fee) within three (3) business days from the date on which delivery and inspection of the Products by the Buyer have been completed.

Article 7 (Handling of Returns Due to Serious Defects)

If the Buyer discovers a serious defect (a defect that significantly hinders normal use) within 30 days after delivery and provides reasonable grounds that the defect existed before delivery, the Company may approve a return request from the Buyer.

If such return is approved, the User shall be obligated to:

1. Refund the full amount received from the Buyer (or the amount received through the Company) through the Company; and
2. Bear the actual costs related to the collection of the Products (including transportation costs) after consultation with the Company.

In applying this Article, the Company shall consult with the User and the Buyer to determine the appropriateness of the return and the allocation of related costs. The User shall cooperate in good faith upon the Company’s request.

Article 8 (Notification of Changes in Product Status)

If the Products are sold outside the Platform or become unavailable for sale for any reason, the User shall make every effort to promptly notify the Company upon becoming aware of such circumstances.

Article 9 (Prohibition of Direct Negotiation)

The User shall not engage in direct negotiations, conclude contracts, or conduct any commercial transactions related to used machinery or equipment with Buyers discovered using this service without prior written consent from the Company, whether in the User’s own name or on behalf of a third party.

This prohibition applies not only to the Products listed on the Platform but also to other similar products owned or managed by the User.

Article 10 (Confidentiality)

1. “Confidential Information” in these Terms means all non-public technical, business, or operational information disclosed by the Company or the User (the “Disclosing Party”) to the other party (the “Receiving Party”) in writing, orally, or by any other means. Such information includes but is not limited to:
   1. Seller’s name, company name, address, and contact details
   2. Product details (specifications, price, operational status)
   3. Documents, emails, proposals, and other materials related to sales negotiations
   4. Customer information, business plans, transaction terms, contract details, and financial information
2. The Company shall strictly manage all confidential information related to the User and shall not disclose such information to any third party except in the following cases:
   1. Disclosure to business partners such as trading companies, logistics companies, or inspection companies to the extent necessary for buyer search and transaction support.
   2. Disclosure at the request of the Buyer with the prior consent of the User.
3. When the Company discloses confidential information to a third party under the preceding paragraph, the Company shall impose confidentiality obligations equivalent to those set forth in these Terms.
4. The following information shall not be considered confidential information:
   1. Information that was publicly known at the time of disclosure
   2. Information that becomes publicly known without fault of the Receiving Party
   3. Information independently obtained by the Receiving Party through legitimate means
   4. Information required to be disclosed by law or regulation (provided that prior notice is given to the Disclosing Party where possible)
5. The obligations in this Article shall remain valid for two (2) years from the date of disclosure of confidential information, even after termination of these Terms.
6. Upon request by the Disclosing Party, the Receiving Party shall promptly return or destroy the confidential information and any copies thereof and report such action to the Disclosing Party in writing.

Article 11 (Amendments to the Terms)

If the Company determines that it is necessary to review all or part of these Terms due to changes in the Platform specifications, operational policies, or other reasonable reasons, the Company shall notify Users in advance of the details of the changes and their effective date.

Article 12 (Governing Law and Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan.

Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 13 (Termination of Registration)

1. The Company may suspend the User’s use of the service or cancel the User’s registration without prior notice if either the Company or the User falls under any of the following circumstances:
   1. Filing or receiving a petition for bankruptcy, special liquidation, civil rehabilitation, or corporate reorganization
   2. Attachment, provisional attachment, provisional disposition, compulsory execution, auction, or tax delinquency enforcement by a third party
   3. Administrative sanctions such as revocation or suspension of business by supervisory authorities
   4. Resolution for dissolution, capital reduction, or transfer of all or a major part of the business
   5. Inability to pay debts, including dishonored bills or checks
   6. Inability to contact the other party for more than one month
   7. Violation of any provision of these Terms
   8. Serious negligence or breach of trust such as leakage of confidential information or direct negotiation with Buyers
   9. Discovery of involvement with organized crime groups or anti-social forces
   10. Any other serious reason that significantly hinders the continuation of these Terms
2. If the Company decides to discontinue operation of the Platform, the Company shall notify Users at least three (3) months prior to the discontinuation date. On the discontinuation date, these Terms shall automatically terminate. However, for transactions that have already been concluded and meet the conditions for commission payment at the time the service ends, the Company shall still pay the prescribed remuneration to the User.
3. Notwithstanding the above, if the User wishes to stop listing the Products, the User may request this at any time, and the Company shall remove the Products from the Platform within three (3) business days from the date of the request.

Article 14 (Prevailing Language)

These Terms are prepared in Indonesian and Japanese.

In the event of any discrepancy between the two versions, the Japanese version shall prevail.