Article 1 Terms of Use for Members

1.  The terms and conditions under this Terms of Use (hereinafter referred to as "Terms of Use") shall apply to Members (as defined in Article 3, hereinafter the same) who use the various services (hereinafter, collectively or individually, referred to as the "Services" or "Service") provided by Kowa Skymech Pte. Ltd. (hereinafter referred to as "Company").

Article 2 Scope of Terms of Use

1.  In addition to Terms of Use, individual terms of use as set out for each individual Service and individual terms and conditions set out on Company's website (URL: https://www.kowa-fa-sea.com.sg/) (hereinafter collectively referred to as "Individual Terms") shall also constitute a part of Terms of Use.
2.  In the event of any inconsistency between the provisions of Terms of Use and the Individual Terms, the Individual Terms shall prevail.

Article 3 Membership

1.  A "Member" or "Members" is defined as a person who accepted the Terms of Use, applied for membership registration on the Company's website, and has been approved by the Company (a person seeking to register as a Member is hereinafter referred to as an "Applicant").
2.  Members are deemed to have accepted the terms and conditions of Terms of Use when they register on the Company's website and click the "Agree" button.
3.  If a Member is a minor, such Member must obtain the consent of its parent or legal representative before using the Services.
4.  If a Member who is a minor uses the Services by falsely claiming to have obtained consent to use the Services without the consent of his/her parent or legal representative, or by using fraudulent means to induce the Company to believe that he/she is a person with legal capacity to act, the Member may not rescind any legal act related to the Services.
5.  If a Member who was a minor at the time of agreeing to Terms of Use uses the Services after he/she becomes the age of majority, the Member will be deemed to have ratified all legal act related to the Services.
6.  The Company may, at its sole discretion, refuse to accept an application of an Applicant for membership if any of the following conditions apply to the Applicant:
1. if an Applicant applies for membership registration without following the method specified by the Company;
2. if an Applicant has been terminated from the membership for violation of Terms of Use or other terms of use set out by the Company in the past;
3. if the Company deems that an Applicant is registering by fraudulent means;
4. if an Applicant has registered information other than his/her own; or
5. Any other case where the Company deems inappropriate.
7.  A contract for the use of Services in accordance with the provisions of Terms of Use shall be established between an Applicant and the Company when the Applicant completes the procedures for agreeing to Terms of Use through the Company's website and the Company notifies the Applicant that it has approved the registration.

Article 4 Amendments of Terms of Use

1.  The Company reserves the right to amend the Terms of Use without the consent of the Members, and the Members agree to accept such amendments without any objection. In the event of any amendments to Terms of Use, the terms and conditions for the use of Services shall be governed by Terms of Use as amended.
2.  The amendments of Terms and Use shall become effective from the time they are available on the Company's website.
3.  Members shall be deemed to have agreed to the amendments to Terms of Use without any objection at the time they use the Services after the amendment of Terms of Use.

Article 5 Notification of Change

1.  Members shall promptly notify the Company of any changes in name, e-mail address, or any other information that has been notified to the Company in the manner specified on the Company's website.

Article 6 Prohibition of Assignments

1.  Members may not allow any third party to use, or transfer, sell, lend, change the name of, pledge, or pledge all or part of their status under Terms of Use or their rights or obligations under Terms of Use.
2.  The Company may, at its sole discretion and without the consent of Members, transfer all or part of the Members' status under Terms of Use or any rights or obligations under Terms of Use to a third party, and in such case, all rights of the Members under Terms of Use, including the Members' accounts, shall be transferred to the transferee within the scope of the rights or obligations so transferred.

Article 7 Revocation of Membership

1.  If a Member falls under any of the following events, the Company may temporarily suspend the Member's use of the Services, cancel the Member's membership, or take any other actions deemed necessary by the Company.
1. if a Member submits a false information regarding matters to be notified to the Company.
2. if a Member illegally use the Member's or a third party's login ID or password or allow a third party to use the Member's or a third party's login ID or password.
3. if the Company is unable to contact a Member by e-mail or other means of communication notified by the Member.
4. If a Member violates any applicable laws, any provisions of Terms of Use or Individual Terms.
5. if a Member infringes intellectual property rights of the Company or any third party.
6. if a Member conducts any act that defames or damages the reputation or credibility of the Company or any third party, or that unfairly discriminates against or slanders the Company or any third party.
7. If a Member conducts any act that infringes or may infringe on the property of the Company or a third party.
8. If a Member commits any act that causes economic damage to the Company or any third party.
9. If a Member engages in any threatening behavior toward the Company or any third party.
10. if a Member uses computer viruses or harmful programs, or conducts any act that induces such viruses or harmful programs.
11. if a Member places excessive stress on the infrastructure related to the Services.
12. if a Member attacks on servers, systems, or security related to the Services.
13. If a Member attempts to access the Services by a method other than the interface provided by the Company.
14. If a Member obtains multiple login IDs.
15. if a Member is found that the any of the conditions set out in Article 3, Paragraph 6, Items 1 through 4 apply to a Member.
16. if the Company deems a Member to be inappropriate as a Member.
2.  The Company shall not be liable for any disadvantages or damages incurred by a Member or third parties as a result of a Member being unable to use the Services due to the Company taking the measures set out in the preceding paragraph.
3.  The Company shall, at its sole discretion, monitor the proper use of the Services by the Members.

Article 8 Responsibility for setting, using, and managing login IDs and passwords

1.  Members may use the Services by registering and logging in to the Services.
2.  Members shall use their own e-mail address as their login ID.
3.  Members are responsible for setting their own passwords for login in the manner provided by the Company when setting their passwords.
4.  Members shall be responsible for management and use of the login ID and password registered for the Services.
5.  Members shall not disclose, allow a third party to use, lend, transfer, sell, trade, or pledge their login ID and password.
6.  If a Member loses his/her login ID or password, the Member shall reacquire the login ID and reset the password in accordance with the procedures prescribed by the Company.
7. 　If a Member's login ID and password have been divulged or found to have been used by a third party, the Member shall immediately notify the Company and follow any instructions given by the Company.
8. 　If the registered information is used for the Service, the Company may treat it as if the registered Member himself/herself used the Service, and the registered Member shall be held responsible for any and all consequences and liabilities arising from such use.
9. 　Members shall compensate the Company and third parties for any damages incurred by the Company or third parties as a result of unauthorized use of registration information.
10. Members are responsible for managing their own registration information, and the Company shall not be liable for any loss or damage incurred by Member due to inaccurate or false registration information.
11. If it is discovered that registration information has been stolen or used by a third party, the Member shall immediately notify the Company and follow the Company's instructions.

Article 9 Equipments

1.  Members shall prepare, at their own cost and responsibilities, all communications equipment, software, and all other equipment necessary to use the Services, and shall make the Services available. Members shall use the Services via the Internet connection at their own cost and responsibilities.

Article 10 Suspension and Interruption of Services.

1. 　The Company may change, add or terminate all or part of the Services without prior notice to or consent of Members.
2.  To keep the Services in good condition, the Company may suspend or discontinue the Services and perform maintenances without prior notice to or consent of Members.
3. 　The Company shall not be liable for any disadvantages or damages incurred by Members as a result of changes, interruption or termination of Services, in accordance with the preceding two paragraphs.

Article 11 Personal Data

1.  The Company shall deal with Members' personal data appropriately in accordance with the "Privacy Policy" on the Services and on the Company's website.

Article 12: Purpose of Collection and Use of Personal Data

1.  The Company will collect and use personal data the extent necessary for the following purposes of use.
1. To provide Members with information on products of the Company (e.g., direct mail)
2. To collect information necessary for product developments, manufacturing, and sales of products of the Company (including, but not limited to, sending questionnaires).
3. To provide Members with information regarding exhibitions related to the products of the Company and other events in which the Company participates or sponsors.
4. To collect information to maintain and improve the quality, safety, etc. of products of the Company, or to provide such information to Members.
5. To respond to inquiries sales services (including repairs) and after-sales services from Members regarding products of the Company.
6. To achieve other purposes for which the Members have been notified and agreed upon in advance.

Article 13 Disclosure and Provision of Personal Data to Third Parties

1.  The Company shall not disclose or provide the Member's personal data to third parties except in the following cases.
1. if the Company obtains the Member's consent
2. if the Company disclose or provide statistical data, coded or otherwise, in such a manner that individuals cannot be identified
3. if disclosure or provision of persnal data is required by applicable laws
4. if it is necessary to protect the life, body, or property of a person and it is difficult to obtain the Member's consent.
5. if it is necessary for the improvement of public health or the sound growth of children and it is difficult to obtain the Member's consent
6. if it is necessary to cooperate with national or local government authorities in the execution of their legally mandated duties, and obtaining the Member's consent may impede the execution of those duties.
7. if other reqreuiemnts for disclosure set out in applicable laws are fulfilled

In addition to the above, in order to ensure the smooth execution of the Company's business, the Company may entrust a part of our business to a subcontractor to the extent necessary. In this case, the Company will conclude a contract with the subcontractor regarding the appropriate handling of personal data, and will supervise the subcontractor appropriately.

Article 14 Copyrights, etc.

1.  The copyrights and other intellectual property rights related to the Services and their contents belongs to the Company or its affiliates or partner companies. Therefore, without the Company's consent, no one may use the copyrighted materials provided through the Services in any way for any purpose outside the scope of personal use by a Member as allowed by applicable laws.

Article 15 Prohibition of Business Activities

1.  Members may not use the Services for business activities, commercial purposes, or for preparation for such activities.

Article 16 Disclaimer

1.  Although the Company uses its utmost efforts to prevent unauthorized access by third parties to servers, systems, and security related to the Services through anti-virus softwares and other programs, the Company shall not owe any responsibility for unauthorized access that cannot be avoided by exersicing due care.
2.  The Company shall not be liable for any damages (including, but not limited to, lost opportunities, business interruption, damages in fact, indirect damages, and lost of profits) incurred directly or indirectly by Members or other third parties as a result of using the Services. The limitation of the Company's liabilities under this paragraph shall not apply in the event of willful misconduct or gross negligence of the Company.
3.  The Company shall not be responsible for any disputes or troubles between a Member and other Members. In the event of a dispute between a Member and another Members, both parties shall be responsible for resolving the disputes and shall not make any claim against the Company.
4.  If a Member causes damage to other Members or has a dispute with a third party in connection with the use of the Services, the Member shall indemnify such damage or resolve such disputes at the Member's own expense and responsibility, and shall not cause any trouble or damage to the Company.
5.  If the Company receives a claim for damages from a third party as a result of a Member's conduct, the Member shall be responsible for resolving such claim at the Member's expense (including legal costs). In the event that the Company pays damages to a third party, the Member shall pay all costs (including legal costs and lost profits) incurred by the Company to the Company, including such damages.
6.  If a Member causes damage to the Company in relation to the use of the Services, the Member shall indemnify the Company for the damage (including legal costs and attorney's fees) at the Member's expense and responsibility.
7.  The Company does not warrant (i) that the Services are suitable for any particular purpose, (ii) that they have the expected functions, commercial value, accuracy, or usefulness, (iv) that the Member's use of the Services will conform to the laws and regulations applicable to the Member, or the internal rules of any industry organization, or (v) that defects will not occur.
8.  The Company does not warrant that the Service is compatible with all information terminals, and Members agree in advance that malfunctions may occur in the operation of the Services as a result of upgrades to the OS of the information terminals used for the Services. The Company does not warrant that any program modifications, etc. made by the Company in the event of such malfunctions will resolve such malfunctions.

Article 17 Advertisements

1.  Members understand and agree that the Services may contain any kinds of advertisements, and that the Company or its partners may place advertisements of any kind on the Services. The form and scope of advertising on the Services may be changed by the Company at any time.

Article 18 Withdrawal from Membership

1.  If a Member submits the information specified by the Company on the withdrawal form provided on the Services or at the appropriate place on the Company's website, or if the membership is withdrawn, or if the Member dies or is declared missing, the membership is forfeited and the agreement for use of the Services is terminated at the same time

Article 19 Restrictions by Laws and Regulations

1.  The provisions of Terms and Use that exempt the Company from liability, in whole or in part, shall not apply in the event of willful misconduct or gross negligence of the Company.
2.  If any provision of Terms of Use conflicts with any applicable mandatory laws and regulations, the provisions of Terms of Use will automatically be revised to conform to the mandatory laws and regulations, and will be applied between the Company and the Members.

Article 20 Severability

1.  If any provision of Terms of Use or any part thereof is determined to be invalid or unenforceable under the applicable laws, the remaining provisions of these Terms of Use and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 21 Contacts

1.  Inquiries from Members regarding Terms of Use, the Services, shall be submitted via the inquiry form provided at the appropriate place on the Company's website or by a method separately presented to Members by the Company.

Article 22 Governing Law

1.  Terms of Use shall be governed by the laws of Singapore.

Article 23 Dispute Resolution

1.  If a problem arises between a Member and the Company in relation to the Terms of Use of the Services, both parties shall discuss in good faith to resolve the problem.
2.  Any dispute arising out of or in connection with Terms of USe, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

End
September 5, 2023 Effective.