User Terms of Service

These user terms of useare referred to as :our companey: below Hiro Syouji Co.,Ltd. The terms and conditions for using the Hiro Internet Auction, which is an online auction for machinery, transportation vehicles, vehicles, etc., are applieed to all users of the auction.

• Article 1 Applications

  1. These User Terms of Use apply to all users involved in this auction for the purpose of establishiing the rights and obligatins between us and the user regarding the user of this auction and between the users.

  2. When using this auction, the user shall register as a member in accordance with Article4 as necessary, and when soliciting bids for the exhihted product from the user who has put the target product in this auction as an auction seller, or in the auction.
  When bidding on exhibited products using this auction as a buyer, the auction terms and conditions separately set by the Companey shall apply.

  3. In addition to the preceding paragraph, a penalty contract, fee contract shall be stipulated.

  4. In these User Terms of Use, these User Terms of Use, Auction TErms of Use, Penalty Provisions and Fee Provisions shall be collectively referred to as these Terms of Use.

  5. The rules and regulations regarding this auction that we post onthe auction site from time to time shall part of this agreement.

  6. When using the auction, the user is deemed to have accepted the contents of this agreement.

• Article 2

  • The terms used in these Terms of Use are defined as follows:

  1. A user is anyone who uses this auction regardless of whether or not they are registered as a member.

  2. A member is one who has been registered as a member based on Article4.

  3. Target products are construction machinery, heavy machinery, agricultural machinery, transportation vehicles, etc

  4. This auction is an online auction service in which members who want to sell the exhibited products and member who want to buy the exhibited products can participate under the name of Hiro Internet Auction.

  5. An auction seller is a person who has been registered as a member and intends to put up for auction.

  6. An auction buyer is a corporation or sole proprietor who is registered as amember and uses the auction site with the intention of purchasing the exhibited product.

  7. What is an exhibition... A member who has posted the information of the target product in this auction bids after obtaining the member registration procedure for the target product for which the product is applied to be listed in the auction with the intention of selling the target product through this auction.

  8. Bid means that the auction buyer wishes to purchase the exhibited product in this auction and declares the intention to purchase on the auction site in accordance with the auction terms of use.

  9. The exhibited product means the target product exhibited in this auction.

  10.An auction site is a website dedicated to this auction, which is the entire domain.

  11.Personal information refers to infomation that can identify a specific user and personal identification code.

  12.A business day is a day excluding the days listed in sach item of Article1, Paragraph1 of the Act on Holidays of Japanese Administrative Institutions.

  13.Intellectual property rights refer to copyrights, patents, utility model rights, trademark rights, design rights, and other intellectual property rights.

  14.What is an sxternal SNS service...A social networking service provided by Facebook and other businesses that authenticates users.
  Disclosure of friendships. A service that has functions such as disclosure of content within the external social network and is used to conduct auctions.

  15.An external SNS operator is a service provider of an external SNS service.

  16.The external SNS terms of use are the terms that the external SNS operator defines the rights relationship between the user and the external SNS operator.

• Article 3

  1. User must register as member in accordance with Article4 when using the functions stipulated in Article4, Paragraph1.
  Members stipulated by the Company within the scope of the purpose of this agreement and within the scope of not viplating this agreement.
  Even users other than Kang who can use this auction according to the method can browse the information related to the exhibited product.

  2. The sales contract in this auction is concluded between the auction seller and the auction buyer.
  Obligation to resolve or indemnify any dispute between the auction seller and the auction buyer caused by or in connection with the liability and burden of the auction seller and the damages oh the auction seller the auction buyer in connection therewith. And shall not be liable at all.

  3. In principle, payment of consideration for buying and selling of exhibited products using this auction shall be denominated in yen, and if the member wishes to pay in another currency, the Company shall decide whether or not to do so.

  4. The preparation and maintenance of computer software and other monthly communication lines and other communication environments necessary to receive the provision of this auction shall be carried out at the user’s expense and responsibility.

  5. User shall take security measures such as prevention of computer virus infection prevention and unauthorized access and information leakage according to their own auction usage environment at their own expense and responsibility.

• Article4 Registration

  1. After the registration procedure specified in the following paragraph is completed, the member can list the target product by himself/herself in this auction.In ddition, members who are coporations or sole proprietors can purchase and bid on products at this auction.
  In this case, the member can purchase and bid for the exhibited product only for the business.

  2. Those who wish to register as a member agree to approve and respect the contents of this agreement and apply for registration to the Company by providing certain information specified by the Company to the Company by the method specified by the Company.

  3. The application for membership registration must be made by the user who use this auction, and in principle, the application for registration by an agent is not accepted.
  In addition, user wish to register as a member must provide us with truthful, accurateand up-to-date information when applying for registration, and must keep the information up-to-date even after registration.

  4. In addition, to the method prescribed in the preceding paragraph, if the Company deems it appropriate, the user can be registered as a member by paying the compensation separately determined by the Company to the user.

  5. In the user applies for registration based on the preceding three paragraphs, we will judge whether or not the user who wishes to register as a member can be registered according to our stadards, and if we approve the registration, we will notify the user to that effect. Mrmbership registration is completed.
  After the membership registration is completed, we may send an email containing the e-mail newsletter and product information issued by us to the e-mail address of the user provided at the time of registration.

  6. The Company shall not be liable for any damages incurred by the user registering as a member and damages incurred by the user in violation of this agreement.

  7. The Company may refuse registration if the user who applied for registration based on this article falls under any of the following reasons:

  • (1) When we determine that there is a risk of violating this agreement.
  • (2) When there is a false error or omission in all or part of the registration information provided to us.
  • (3) In the membership registration has been canceled in the past.
  • (4) When we determine that the use of the auction may violate laws and regulations and other rules.
  • (5) When the Company determine that each item of Article12, Paragraph1 applies.
  • (6) If we determine that it is difficult to continue to offer the auction for reasonable reasons.
  • (7) If you do not receive the e-mail feom us.
  • (8) If payment is suspended or insolvent, bankruptcy proceedings are started, civil rehabilitation proceedings are started, corporate reorganization proceedings are started, special liquidation is started, or similar procedures are filed.
  • (9) Those who have been dishonored for the bills or checks that they have drawn or accepted.
  • (10) Foreclosure provisional seizure provisional disposition compulsory execution or auction petition has been filed for the member’s propert.
  • (11) If you have been delinquent in taxes and publis dues.
  • (12) If you have violated laws and regulations or other applicable rules.
  • (13) If we determine that registration is not appropriate.

  8. Membership cannot be assigned or otherwise disposed.

• Article5 Change of registered information

  1.If there is any change in the registered information provided to the Company in accordance with the preceding article, the member shall notify the Company of the change without delay and submit the materials requested by the Company by the method specified by the Company.

• Article6 Password and user ID management

  1. Members shall be required to set ID and password for logging in to the auction site by the method specified by the Company during the registration procedure in Article4.
  When using the function of Article4, paragraph1, the member shall log in to the auction site using user ID.

  2. Member shall strictly manage and store their user IDs, etc.
  At their own risk in order to prevent them from being lost or stolen, and shall not allow third parties to use them or sell or sell them under the transfer name.

  3. The member or the third party shall be liable for any damages caused by the loss, theft,use of the user ID.

  4. If the user ID is stolen or found to be used by a third party, the member shall immediately notify the company and follow the instructions from the company.

• Article7 Cancellation of registration, etc

  1. If a member falls under any of the following reasons, the Company may temporarily suspend the use of this auction or cancel the registration as a member without prior notice or recommendation.

  • (1) If you violate this agreement or other rules set by our company.
  • (2) When it is found that there is a false fact in the registration information. When it is found that the member corresponds to each item of Article4, Paragraph7 or when it becomes applicable due to the passage of tim.
  • (3) When using or attempting to use this auction for any purpose or method that may cause damage to our other members, external SNS operators, or other third parties.
  • (4) When a member cannot receive the service or cooperation from an external SNS operator due to a violation of the external SNS terms of use or other reaxons.
  • (5) If you interfere with the operation of this auction by any means.
  • (6) If payment is suspended or insolvent, or bankruptcy proceedings are started, civil rehabilitation proceedings are started, corporate reorganization proceedings are started, special liquidation is started, or similar procedures are filed.
  • (7) If you receive a dishonored check for a bill or check that you drawn or accepted.
  • (8) When there is a petition for compulsory execution of provisional disposition of seizure or auction for the property of the membr.
  • (9) If you are subject to tax delinquency.
  • (10) Violation of laws and other applicable regulations.
  • (11) If you have not used this auction for more than 6 months and have not responded to the contact from us.
  • (12) When the number of troubles with members or third parties exceeds a certain level regardless of international negligenc.
  • (13) When we divert copyrighted photos without permission.
  • (14) If we determine that it is not appropriate to continue registration as a member.

  ２．会員が前項各号のいずれかの事由に該当し、当社が期限の利益を喪失させる旨を通知した場合には、会員は、当社に対して負っている債務の一切について当然に期限の利益を失い、直ちに当社に対して全ての債務の支払を行わなければならない。

  ３．当社は、本条に基づき当社が行った行為により会員に生じた損害について一切の責任を負わない。

  ４．会員は、1ヶ月前までに当社所定の方法で当社に通知することにより、会員登録を取り消すことができる。但し、会員が出品商品を出品している場合又は出品商品につき入札を出している場合はこの限りではない。

• Article8 Fee

  1. The member shall pay the transaction fee, etc, of this auction to the Company in accordance with the provisions of this agreement.

• Article9 Contact method

  1. For notifications given to member in this auction, the e-mail address provided as registration information will be addressed to the account phone number or fax number or the external SNS service to the message phon number based on the message function on the e-mail SNS service and to send a short message or fax.
  Or it shall be done by the method of posting on the auction site.
  If such trasmission or posting is deemed, the notification sahll be deemed to have reached the member regardlees of the confirmation by the member.
  However, the Company shall call or otherwise use the notification at its own discretion.
  It is also possible to use the method that we deem appropriate.

• Article10 Prohibited acts, etc

  1. The user must not perform any of the following acts when using the auction.

  • (1) Our other users External SNS business and other third party’s intellectual property rights Portrait rights Privacy rights Honors and other rights or acts that damage interest.
  • (2) Acts related to criminal acts or acts contrary to public order and morals.
  • (3) The act of sending obscene information or information harmful to adolescents.
  • (4) The act of sending infomation about heterosexual dating.
  • (5) Acts that violate the law or the internal rules of the company or the industry group to which the user belong.
  • (6) The act of transmitting information containing computer viruses and other harmful computer programs.
  • (7) Acts of falsifying information that can be used for this auction.
  • (8) The act of transmitting data exceeding a certain amount of data specified by the Company through this auction.
  • (9) Auction that may interfere with the operation of this auction by the Company or actions that may damage the credibility of the Company.
  • (10) Acts of disclosing user’s personal information or requesting other users to disclose it.
  • (11) Using this auction without the intention of trading, colluding with oter users to create fictitious transaction results, or any other act performed for the purpose of misleading other user.
  • (12) All acts performed for the purpose of buying and selling without using this auction for exhibited product.
  • (13) Other acts that the Company deems inappropriate.

  2. If we determine that the act of sending information by the user in this auction falls under or may fall under any of the items in the preceding paragraph, we will not notify the user in advance and all or part of the informatio.
  It shall be possible to take other measures that the Company deems necessary.
  The Company shall not be liable for any damage caused to the user or a third party based on the measures taken by the Company based on this section.

  3. We may announce the name of user, the name of company, the location of company, etc who violated this agreement in connection with the use of this auction on our website, and the user agrees in advance.

  4. The Company shall create a blacklist starting the name of user, the name of company, the location of company who has violated this agreement in connection with the use of this auction and disclose it to others who hold the auction. And the user agrees to this in advance.

• Article11 Auction suspension, etc

  1. The Company shall be able to suspend or suspend all or part of provision of this auction without notifying the user in advance in any of the following cases.

  • (1) When performing regular or urgent inspection or maintenance work of the aomputer system related to this auction.
  • (2) When the computer communication line etc, is atopped due to an accident and this auction cannnot be use.
  • (3) When this auction cannot be operated due to force majeure such as a fire, power outage, or natural disaster.
  • (4) Trouble with external SNS service Suspension or suspension of service provision Suspension of cooperation with this auction, or when specifications are changed.
  • (5) When it becomes difficult to provide this auction due to a failure of the equipment necessary to provide this auction.
  • (6) If we determine that suspension or suspension is necessary.

  2. We may terminate the provision of this auction at our convenience.
  In this case, the Company shall notify the member in advance.

  3. The Company shall not be liablee for any damage caused to the user or a third party due to the measures taken by the Company based on this article.

• Article12 Elimination of antisocial forces

  1. If any of the following items apply, the user cannot use this auction.

  • (1) Boryokudan, Boryokudan members, those who have not passed 5 years since they were no lnger members of the Boryokudan, Boryokudan –related companies, special intelligence violence group, anti-market forces, who acts that interfere with legitimate economic activities in the nmarket, who acts that disturb order those that may promote illegal acts or inappropriate market transactions, etc.
    And others equivalent to these.
  • (2) The user is one of the following:

  1. Having a relationship in which antisocial forces, which are recognized as contrilling management.

  2. Having a relationship in which antisocial forces, which are deemed to be substantially involved in management.

  3. Having a relationship that is recognized as unfairly using antisocial forces, such as for the purpose of gaining the wrongful profits of oneself or a third party or for the purpose of damaging a third party.

  4. Having a relationship that is recognized as being involved in providing funds, or providing convenience to antisocial forces.

  5. Officers or persons who are substantially involved in management have a relationship that should be socially criticized with antisocial forces.

  • (3)When the user performs any of the folllowing actions by using a third party.

  1. Violent demands.

  2. Unreasonable demands beyond legal responsibility.

  3. Acts that use threatening behavior or violence regarding transactions.

  4. Acts of disseminating rumors and using counterfeiting or power to damage the credibility of the other party or interfere with the other party’s business.

  5. Other acts equivalent to the previous items.

  • (4)The user has been one of the above in the last 5 years.

  2.By usin this auction, the user shall be deemed to have expressed and warranted that he/she does not fall under any of the items of the preceding paragraph.

  3.The user shall compensate for the damage suffered by the Company due to the breach of the representations and warranties forth in the preceding paragraph.

• Article13 Storage of information and provision of personal information

  1. We are not obligated to store messages and other information sent and received by users with us even if they have been stored foe a certain period of time, and we can delete such information at any time.

  2. We use cookies and similar technologies for the purpose of improving the convenience of this auction, displaying the optimum content to users, and distributing advertisements to users for purpose of using the user’s browsing history for marketing activities without specifying the user.

  3. The Company shall use all or part of the personal information and all other information provided by the user based on this auction to conclude or execute a sales contact for the exhibited product or to the extent necessary for the implementation of this auction.
  It shall be possible to provide to the user and the user agrees to this in advance.
  The user agrees in advance to disclose all or part of the user’s personal information and all other information listed in the blacklist of Article10, Paragraph4 to other who hold the auction.

• Article14 Precautions for downloading

  1. When the user installs the software on the user’s computer at the start of use of this auction or by downloading from the auction site or other methods during the use of this auction, the information held by the user disappears or is altered or the device fails.
  Great care shall be taken to prevent damages.
  We are not responsible for any damage caused to the user during installation.

• Article15 Attribution of rights

  1. All ownership and intellectual property rights related to the auction site and this auction belong to the Conpany or the person who has licensed the Company, and the license of this auction based on the membership registration stipulated in this agreement is the auction site or this auction.
  We do not license the intellectual property rights of our company or those licensed to our company to use the copy sublicense separately from the auction.
  The user shall not take any action that may infringe the intellectual property rights of the Company or the person who licenses the Company for any reason.

  2. THe user represents and warrants to the Company that he/she has the legal rights to post or otherwise transmit the data to be posted and that the data to be posted does not infringe the rights of a third party.

  3. The text, images, videos and other data posted or sent by the user at the auction site or this auction can be freely used by the Company.

  4. The user agrees not to exercise the moral rights of the author with respect to the Company and those inherited or licensed from the Company.

• Article16 Exclusion of warranty and disclaimer

  1. The Company does not gurantee the establishment of a sales contract for the exhibited products through this auction.
  Even if the user obtains information about the item auction or other users directly or indirectly from us, we do not make any promise to the user beyond the contents stipulated in this agreement.

  2. This auction may cooperate with an external SNS service, but we do not guarantee such cooperation, and we will not take any responsibility even if we can not cooperate with an external SNS service in this auction.

  3. When this auction is linked with an external SNS servics, the user shall strictly adhere to the external SNS terms of use at his own expense and responsibility, and there may be a dispute between the user and the external SNS operator that operates the external SNS service. Even if it occurs, we will not take any responsibility for the dispute.

  4. The user shall investigate whether or not the use of this auction violates the internal rules of the legal industry group applicable to the user based on his/her own responsibility and expense.
  There is no guarantee that it will comply with the internal rules of applicable laws and industry groups.

  5. It is the user’s responsibility to handle and resolve transaction communication disputes that occer between the user and other user’s external SNS poerators or other third parties in connection with this auction or the auction site. We do not take any responsibility.

  6. The Company suspends and suspends the provision of the Auction by the Company. Unusable or hanged.
  Deleted or lost the user’s nessage or information. Loss of data or device failure or damage due to the use of the Auction.
  We shall not be liable for any damages.

  7. Even ifIf th a link from the auction site to another website or a link from another website to the aucton site is provided, we will not ues any reason for any reason regarding the website othe than the auction site and the information obtained from it.
  Should not be held responsible.

• Article17 Dispute resolution and damages

  1. If the user causes damage to us by violating this agreement or in connection with the use of this auction, the user must compensate us for the damage.

  2. If a complaint is received from another user, an external SNS operator, or another third party in connection with this auction, or if a dispute arises with them, the user will immediately notify the Company of the content.
  At the user’s expense and responsibility, the complaint or dispute shall be resolved and the progress and results shall be reported to the Company based on the request from the Company.

  3. If the Company receives a claim from another user’s, an external SNS operator or other third party for infringement of rights or for any other reason in connection with the use of this auction by user, the user shall be the third party based on the claim.
  You have to compensate for the amount you have to pay.

  4. The Company does not guarantee the completeness, accuracy, applicability,usefulness of this auction, and does not take any responsibility for any damage suffered by user in connection with this auction, regardless of whether or not there is intentional negligence.

• Article18 Confidentiality

  1. In this agreement, confidential information means the technology and business of our company or other users who have been provided or disclosed or learned from us or other users in writing, orally or by recording media in connection with this auction.
  All information about business, finance, organization and other matters.
  However, in the following cases, it shall be excluded from confidential information.

  • (1) What was or was already known to the public when it was provided or disclosed by us or other users.
  • (2) What we have learned from publications and other sources for reasons not attributable to ourselves, after being provided, disclosed or obtained from us or other users.
  • (3) Legally obtained without obligation of confidentiality by a third party authorized to provide or disclose.
  • (4) Developed independently without confidential information
  • (5) Confirmed in writing by us other users that confidentiality is not required.

  2. The User shall use the Confidential Information only for the purpose of using this auction and shall not provide, disclose or leak the Confidential Information of the Company or other users to a third party without the written consent of the Company or other users.

  3. Notwithstanding the provisions of the preceding paragraph, the User may disclose Confidential Information pursuant to an order, request of law, court or government agency.

  4. When copying a document or magnetic recording medium containing confidential information, the user shall obtain the written consent of the Company or other user in advance, and the management of the copy shall be strictly in accordance with Section2.

  5. Whenever requested by us, you must return or destroy confidential information and any written or other recording medium containing or containing confidential information and all copies, in accordance with our instructions without delay.

• Article19 Changes to these Terms

  1. The Company shall be able to freely change the contents of this auction.

  2. The Company shall be able to change all or part of this agreement when it becomes necessary to change this agreement.

  3. When the contents of this agreement are changed based on the preceding paragraph, the Company shall inform the auction site in advance of the changed consents of this agreement and the effective time.

• Article20 Laguage

  1. If we deem it appropriate, we may offer this auction in a language other than Japanese.
  If the content of Japanese and the content of a language other than Japanese are different, the content of Japanese shall take precedence.

• Article21 Complete agreement

  1. This agreement constitutes the entire agreement between us and you regarding the matters contained in this Agreement, and to the prior agreement, representation and understanding between us and you regarding the matters contained in this agreement, whether oral or in writing.

• Article22 Separability

  1. Even if any provision of this agreement or a part of them is determined to be invalid or unenforceable by the Consumer Contract Law or other laws and regulations, the remaining provisions and part of this agreement are invalid or unenforceable.
  The rest of the determined provisions will continue to be in full force.
  The Company and the user shall make the invalid or unenforceable bording/alighting or part legal and modify it to the extent necessary to have enforcement power, and the purpose of the invalid or unenfoceable clause or part and legally and economically.
  We shall endeavor to ensure the same effect.

• Article23 Assignment of this agreement

  1. If the Company transfers the business related to this auction to another company, the rights and obligations based on this agreement may be transferred to the transferee of the business transfer in connection with the transfer of the business, and the user shall be able to transfer such transfer.
  It is assumed that you have agreed in advance in this article. In addition, the business transfer specified in this article shall include not only ordinary business transfer but also company split and all other cases where the business is transferred.

  2. The User shall not transfer, provide collateral or otherwise dispose of any rights or obligations under these Terms without the prior written consent of the Company.

• Article24 Governing law and court of jurisdiction

  1. The governing law of this agreement shall be Japaneselaw, and for all disputes arising out of or related to this agreement, the court having jurisdiction over the location of our head office shall be the exclusive agreement jurisdiction court of the first instence.
  The user agrees to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods for all contracts with the Company.

• Article25 Talk resolution

  1. If there is any doubt about the matter not stipulated in this agreement of the interpretation of this agreement, the Company and the user shall promptly resolve it after consultation in accordance with the principle of good faith.

• Article26 Providing services under development

  1. The Company shall be able to provide the service under development as a part of this auctionor as an independent service, clearly starting that it is under test period.

  2. The user understands that when a service under developement is provided, the service is provided by its nature as being capable of containing bugs, defects, malfunctions.

  3. The Company shall be able to change the content of the service under development , or suspend or discontinue the provision of the service under development at any time without prior notice if the Company deems it necessary.

  4. We make no warranty as to the completeness, accuracy, applicability, usefulness, availability, safety, and certainty of the service under development.

• Article27 Priority relationship with other country version

  1. If there is a difference between the Japanese version of this agreement and the language version other than Japanese, the jJapanese version will take precedence.