Terms of Use

These Terms of Use (the "Terms of Use") shall apply to the users ("Customers" or "you") of the BANKSY EXHIBITION - GENIUS OR VANDAL? (HARAJUKU) ticketing service that eplus Inc. ("eplus" or "us") provides (the "Service"). By using the Service, Customers shall be deemed to have consented to the Terms of Use.

1. Sales Method

   1. eplus sells tickets as per entrustment by the Event Provider under its instruction concerning sales method. eplus may put the limit or restriction on the number of tickets to be sold and/or on sales methods. Even during the sales period, eplus may discontinue the sales of tickets when a number of orders have reached the number scheduled to be sold by us, provided that, in certain cases, we may resume sales of tickets upon request of the Event Providers.

2. Formation of Purchase Agreement

   1. You are required to place an order for the tickets in a method designated by eplus. The ticket purchase agreement is formed between you and us when we notify you of the completion of the purchase process on confirmation page or order page in our website (https://ticket2.eplus.jp/index.php?sl=en), or by confirmation email that we will send to your registered email address, whichever comes first.
   2. In no event shall eplus be liable for any damages incurred by you or any third party as a result of the delay or impossibility of formation of the agreement and/or the notice due to a reason beyond our direct control including communication failure, any trouble of facility or equipment of internet provider and erroneous registration of email address etc.

3. Payment of Costs and Expenses

   1. Payment shall be settled by Japanese Yen, with credit cards. You agree to pay for the ticket cost at the time of purchase as well as necessary fees for the service to be used, such as the special sales charge, system use fee, and fees related to payment, as a service charge prescribed by eplus. eplus shall be in no way responsible for any cost due to the foreign exchange fluctuation incurred by you if any.
   2. eplus reserves the right to add or change each charge or fee, and change the payment method, by announcing you thereof in advance in a manner as determined appropriate by eplus.

4. Refusal of Sales

   1. eplus may refuse ticket sales and/or terminate already-formed ticket sales in cases where:
      1. You have provided us with false information or have not provided us with necessary information when purchasing the tickets；
      2. You are engaged in nuisance for other customer or disturbing smooth ticket sales of eplus;
      3. You fail to perform the prescribed procedure within the period notified by eplus;
      4. You fail to follow the prescribed purchase procedure designated by us or Event Providers;
      5. You have failed to pay for tickets and relevant cost, charges and/or fees for the tickets you have ordered;
      6. You purchases or attempts to purchase tickets for an event more than the limited number set by eplus; or
      7. You have breached any provision of the Terms of Use or commit any other act in violation of laws and regulations.
   2. eplus reserves the right to claim damages incurred by us to you arising out of or in relation to any event described in the preceding paragraph.

5. e-Ticket (s)

   1. All the tickets are available by QR code ticket(s). You shall bring the QR code ticket were given at the time of purchase.
   2. You understand and agree that no refund is available even if you did not receive the tickets due to a reason attributable to you.

6. Change of Tickets, Cooling-off Period

   1. ONCE YOU HAVE PURCHASED TICKETS, UNDER NO CIRCUMSTANCES CAN YOU REPLACE, EXCHANGE, CHANGE OR CANCEL THE TICKET. IT SHOULD BE NOTED THAT THE TICKETS PURCHASED FROM eplus. ARE NOT SUBJECT TO COOLING-OFF PERIOD.

7. Loss and Theft

   1. eplus shall not reissue tickets under any circumstances (including, but not limited to lost, stolen, or damaged).
   2. You may not enter into the event site if you do not bring your tickets. In the event somebody else possesses the ticket, his/her entrance may be given priority.

8. Refund on Tickets

   1. As to change and/or cancellation of events, the Event Providers shall assume all responsibility and liability including those for notification of such change and/or cancellation. IN NO EVENT SHALL eplus BE LIABLE FOR CHANGE AND/OR CANCELLATION OF THE EVENT.
   2. At the request of the Event Providers, eplus may undertake ticket refund service with respect to such change or cancellation on behalf of the Event Provider, with respect to the tickets that eplus sold through the Service.
   3. The refund shall be made within the refund period designated by the Event Provider and in the manner prescribed by eplus. eplus WILL NOT MAKE ANY REFUND OF THE TICKETS FOR WHICH THE REFUND PERIOD SET BY THE EVENT PROVIDER HAS EXPIRED.
   4. The refund shall be limited to the amount of the ticket cost, system use fee, ticketing charge, and/or special sales charge. Any other costs, fees or charges, including those for transportation, accommodation, and communication, shall not be refunded Refunds shall be made to your credit card used for the payment of the tickets. You acknowledge and agree in advance that there may be cases where it takes three to four weeks for eplus to refund.

9. Prohibited Matters

   1. You shall not commit any of the following acts in using the Service. If such acts are found, we may, at our sole discretion, refuse your use of the Service, refuse to the sale of the tickets, and/or terminate already-formed ticket purchase agreement between you and us, without refund. You may also be ordered to leave the event site in case you are already in the event site.
      1. Infringement or potential infringement of intellectual property rights including copyrights, trademark rights, property rights, privacy, or other rights of other customers, third parties and/or eplus;
      2. Other than the above, any act that causes or likely to cause prejudice or damages to other customers, third parties and/or eplus;
      3. Slander or libel toward other Customers, third parties, or eplus;
      4. Offenses or potential offenses against public policy, or provision of information against public policy to other customers or third parties;
      5. Criminal acts, acts incidental thereto, or potential acts thereof;
      6. Any act for profit, or preparation thereof, through or in relation to the Service without eplus’s approval;
      7. Any act of political campaign and the like, regardless of whether during elections;
      8. Any act relating to adult contents, religion and/or politics;
      9. Any act interfering with the smooth operation of the Service, or likely to otherwise interfere with the Service;
      10. Misapplication of ID, Login ID and/or Password;
      11. Use or provision of any harmful program including computer virus, through or in relation to the Service;
      12. Use of software performing automatic input or any other function of a similar nature, or any other attempt to use the Service in an unusual manner deemed inappropriate by eplus;
      13. Any attempt to gain unauthorized access to other computer systems or networks connected to the Service;
      14. Any act in violation of, or likely to violate laws and regulations;
      15. Resale or provision for resale to third parties of tickets purchased from eplus for profit;
      16. Resale or attempt for resale of tickets, for an amount over the ticket value, or via an auction or online auction; or
      17. Any other act deemed inappropriate by eplus.

10. Exemption from Responsibility about Tickets

    1. In no event shall eplus be liable for tickets other than those purchased directly from us.
    2. In no event shall eplus be liable for any damages incurred by you or any third party arising out of or in relation to delay or lack of notice as to the result of whether request of reservation for ticket is accepted or not due to network congestion or accident of computer system etc.

11. Service Change, Suspension and Discontinuation

    1. eplus, at its sole discretion, may change, suspend or discontinue the Service in the event of any of the following without prior notice:
       1. Regular or emergency maintenance of the facility and/or equipment we install or manage in relation to the Service;
       2. Emergencies beyond our control including natural disasters, riots or civil commotion, wars or act of God, or likelihood of such emergencies;
       3. Malfunction, failure of the facility and/or equipment that we install or manage or other incidents that makes the Service unavailable to you; or
       4. Any other cases that we deem necessary.
    2. eplus shall not be liable for any losses or damages which may be incurred by you due to the change, discontinuation or suspension of the Service regardless of the reasons.

12. Disclaimers

    1. While we endeavor to keep the content of the Service accurate, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GIVE ANY WARRANTY WHATSOEVER THAT THE SERVICE IS COMPLETE, ACCURATE, CERTAIN, OR SUITABLE FOR A SPECIFIC PURPOSE.
    2. WE SHALL BE IN NO WAY LIABLE FOR DAMAGES INCURRED BY YOU AS A RESULT OF THE USE OF THE SERVICE, INCLUDING DELAY, SUSPENSION, CHANGE, DISCONTINUATION OR ABOLISHMENT, ERROR IN ISSUING OR DELIVERING THE TICKET DUE TO THE REASON NOT ATTRIBUTABLE TO US. MINORS MUST USE THE SERVICE UPON HIS/HER PARENTS’ CONSENT AND RESPONSIBILITY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE TICKET OR PRODUCT IN QUESTION, PROVIDED, HOWEVER, THAT THIS DOES NOT APPLY WHERE WE ARE INTENTIONAL OR GROSSLY NEGLIGENT.
    3. WHILE WE ENDEAVOR TO KEEP YOUR PRIVACY OR CONFIDENTIAL INFORMATION SECRET, YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICE ACKNOWLEDGING THAT WE CANNOT COMPLETELY GUARANTEE YOUR PRIVACY OR CONFIDENTIAL INFORMATION DUE TO OUR SECURITY SYSTEM’S LIMITATIONS.
    4. You acknowledge and agree that, in addition to the foregoing, eplus shall not (i) be in any way responsible for any and all information, services, and other data contained in each website linked from the Service; (ii) guarantee that the number of tickets available through the Service always satisfies your requirement; and (iii) be responsible for any damages incurred by third parties as a result of the acts of others.

13. Modification of the Terms of Use

    1. You acknowledge and agree that we reserve the right to modify the Terms of Use upon announcement via email or our website without prior notice, and that the modified Terms of Use shall prevail after the modification.
    2. In addition to those provided herein, such provisions as the terms and conditions set forth by the provider or operator of the event ("Event Provider"), if any, shall also apply.

14. Copyrights

    1. You may not use the information or files provided through the Service beyond the scope permitted by the Copyright Act of Japan without consent of the copyright holder in any manner.
    2. You agree that you will solve the conflict with the right holder at your own cost and responsibility.

15. Dispute Resolution, and Severability

    1. You shall resolve disputes in relation to the Service between you and other customers on their own and not make any claim against us.
    2. If anyone brings a claim against us related to your actions or information that you provided, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. Even if any provision of this Terms of Use is found to be invalid, unlawful, or for any reason unenforceable, such provision shall be deemed severable from the other provisions of the Terms of Use and shall not affect the validity and enforceability of any remaining provisions hereof.

16. Governing Law and Jurisdiction

    1. Any matter in connection with the establishment, effect, performance, and interpretation of the Terms of Use shall be governed by and construed in accordance with the laws of Japan.
    2. Any conflicts or disputes between you and us arising out of or in connection with the Service shall be submitted to the Tokyo District Court or the Tokyo Summary Court as the exclusive jurisdiction for the first instance.

17. United Nations Convention on Contracts for the International Sales of Goods

    1. United Nations Convention on Contracts for the International Sales of Goods (1980) shall not apply to any sale, purchase or any other arrangement under the Service.

18. Use of Personal Information

    1. eplus shall be entitled to use personal information and other information you provide (including such information as to his/her history of past ticket purchases and/or preferences) for the following purposes. When using personal information for any purpose other than the following, eplus shall notify you of the purpose and shall obtain the consent thereof.
       1. Sale and provision of tickets and other services provided by eplus, including taking orders, settling payments, and will call on the day of the event);
       2. Customer support in relation to the Service;
       3. Promotional activities, including notice of information on the Service, and advertisement of goods and services of companies that we deem appropriate
       4. Implementation of various questionnaires or campaigns, including various giveaways, for the purpose of developing and providing the Service;
       5. Preparation of analytical materials using aggregated non-identifiable data for the purpose of marketing activities and developing new services, and marketing analysis using such
       6. Use and record of access information from such as the Internet, mobile sites and telephone for operation and management of the system and dealing with inquiries; and
       7. Services incidental to the preceding items, including informing Customers of the change, cancellation, or additional or next sale of tickets for the events, by email, mail or phone call, and contacting Customers for confirmation deemed necessary in the course of business;

19. Provision of Personal Information to Third Parties

    1. eplus shall not disclose to any third party personal information that you provided to us, provided, however, that:
       1. eplus may provide a part of your personal information, including name, address and email address, phone number, gender and date of birth to third party contractors to which we outsource certain service ("Contractor(s)") to the extent necessary and that such Contractors use personal information for the performance of their service;
       2. eplus may provide your personal information to Event Providers and/or site of the event to verify identity upon admission to the halls using the tickets purchased through the Service;
       3. eplus may provide your personal information to Event Providers for them to contact you to give notice of cancellation, postponement, or change of an event, to inform you of future events and services to be provided by the Event Provider, and to provide a refund service incidental thereto;
       4. eplus may provide your personal information with the financial institutions when processing your payment by credit card for the purchase of tickets using the Service, in order to confirm the validity of the credit card and customers’ payment; and
       5. eplus may, other than the items above, provide Customers’ personal information to the extent permitted by law.

20. Environment for Use of the Service

    1. We recommend that you use prevailing operating systems and browsers. Some of the function may not work correctly for certain devices or under certain environment.
    2. You shall prepare at your own responsibility and cost communication devices, software and phone and internet services necessary to use the Service. You bear all the cost for communication and interconnection with respect to the use of the Service, including inquiries to us. You acknowledge that, depending on the device you use, you may not use the Service or the processing speed of the Service is slow.

Supplementary Provision

This Terms of Use shall become effective as of January 1, 2020.

End of the Terms of Use.