Terms of Use of Norton Store

Dec. 20, 2018
Norton Store

These Terms of Use specify the terms and conditions for purchase of products or services ("Products") by EC Store users ("Users") through the Norton Store ("EC Store") operated by SoftBank Technology Corp (CEO: Shinichi Ata) ("SBT").

Section 1. Input of Required Information and Privacy Policy

Article 1 Use of Store and Qualifications

  1. Users shall accept these Terms of Use before purchasing the products in EC Store and enter the necessary information in accordance with the purchase procedures specified by SBT.
  2. When a user places an order in EC Store in accordance with the purchase procedures specified by SBT and SBT checks and accepts the order, the Website Use Agreement on the products ("Website Use Agreement" including purchase agreement specified in Article 3 in these Terms of Use) is made between the user and SBT.
  3. SBT may not accept the order submitted by the user if any event listed below occurs. However, if the Website Use Agreement has already been made, SBT has the right to terminate or cancel the Website Use Agreement without any further expenses or responsibilities by notifying the users in accordance with the notice procedures.
    • If it is found that any information provided by the users is not true (including fraud entry, errors or omission)
    • If the Website Use Agreement of a user was cancelled or terminated due to illegal use of a product in the past,
    • If a user neglected or neglects the payment for products or SBT considers that a user may neglect the payment in the future,
    • If financial institutes or settlement organizations including credit card companies do not approve the payment,
    • If a user is in provisional seizure, sequestration, insolvency, civil rehabilitation procedures or similar procedures or actions or SBT considers that the credit status of the user is aggravated including dishonor of bills or checks,
    • If a user infringes on any provisions in these Terms of Use,
    • If a user acts against public morals or the principle of good faith, or
    • If SBT considers that acceptance of the order may have a serious impact on the business of SBT or implementation of the Website Use Agreement by SBT.

Article 2. Management for Personal Information

  1. SBT keeps and manages personally identifiable information ("Personal Information") provided by users to use EC Store in accordance with the "Privacy Policies" publicized on EC Store and uses such information in accordance with the provisions specified on "Use of Personal Information."

Section 2. Terms and Conditions for Sales

Article 3. Purchase Agreement

  1. The purchase agreement between a user ("Buyer") purchasing products in EC Store and SBT is entered into when a buyer places an order and SBT reviews and accepts the order.
  2. A user who is under 18 years can't use EC Store without prior consent of a parent or a legal representative.

Article 4. Cancellation of Order

Notwithstanding the foregoing, SBT has the right to cancel the order specified in Clause 1, Article 3, Section 2 in the following events. Furthermore, SBT shall not be liable for any damages or losses to users caused by the cancellation of order.

  • If SBT has no inventory for the product ordered, no confirmation for delivery date, cease of manufacturing the product ordered or similar occurrences,
  • If SBT determines to stop delivering for the product ordered due to certain reasons including not limited severe defect of the product,
  • If any information submitted by a user is not true (including fraud entry, errors or omission)
  • If the price on products in EC Store is definitely wrong as compared to market prices of such products,
  • If financial institutes or settlement organization including credit card companies do not accept the payment, or
  • If there is any other reason that SBT determines to cancel the order.

Article 5. Transfer of Ownership

  1. The ownership of the products is transferred from SBT to a buyer when the buyer pays for the products in full.
  2. For software products, only ownership of the software product itself is transferred to the buyer in accordance with Clause 1 above. However, the copyright and other intellectual property rights of the software are held by the original owners.

Article 6. Payment

  1. Users can select one of the following payment methods in EC Store. The payment methods vary by product category.
    • Credit card
    • PPS(繳費靈)
    • Other payment methods specified by SBT.
  2. When buyers select payment methods by the credit card specified above and purchase products charged automatically, the buyers agree to deliver the modified information including credit card number or expiry date from the credit card company to SBT and to make process of payment by SBT.

Article 7. Delivery (except download products)

  1. The products reserved by buyers shall be delivered after their release date.
  2. When a buyer places an order for several products, the products ordered are generally delivered after all products in the order are ready for shipping.
  3. SBT will notify the buyers of a significant delay of delivery due to lack of inventory or products being sold out.
  4. Buyers must receive the products within a certain period after shipping. If buyers do not accept the products, SBT has the right to cancel the order of the product ordered at its discretion.
  5. Buyers can't designate delivery dates.
  6. SBT shall not be liable for any damages or losses caused to buyers by change or delay of delivery notified by SBT.

Article 8. Delivery Charge (except download products)

Buyers need to pay the delivery charge when a product is shipped. If the products ordered are delivered separately because of any circumstances of SBT, SBT doesn't request additional delivery payment.

Article 9. Warranty and Support

SBT shall not be liable for any defects, errors, accidents, disadvantages or other damages or losses caused by products or related to products except those specified in Article 10 of these Terms of Use.

Article 10. Return/Replacement Returns and Exchanges

  1. In the event that the buyer buys the Commodities or extends the effective term for more than 1 year, notwithstanding category difference or defects (flaws and/or breakages) of or dissatisfaction with theCommodities or any other reasons, the Commoditiesmay only be returned or exchanged within 60 days as of the purchase date. However, Commoditieswith effective terms calculated on monthly basis or less than one month, or the additional paid servicesin the Commoditiesother than Norton virus scan and exile servicesmay only be returned or exchanged within 30 days as of the purchase date. In addition, if the Norton virus scan and exile services in the Commodities have been bundledwhen other Norton products are bought, such Norton virus scan and exile services should be returned or exchanged in the same manner as the bundled Norton products.
  2. When making a return or exchange as per the above provision,the buyer should provide the reason for the return or exchange before contact and return in light of SBT's formality. Except for the case for which the manufacturer or supplier shall be liable due to SBT's reason or recall, expenses incurred by the return or exchange should be for the buyer's account. However, in the case of exchange, if SBT holds it difficult to provide substitutesfor stock shortage or selling out, SBT may refund the payment for Commoditiescollected from the buyer and cancel the License Agreement.
  3. Even though the return or exchange is permitted by Item 1, SBT will not accept the return or exchange in any one of the following events:
    • Commodities damaged or broken due to reasons that SBT shall not be liable for;
    • RebuyingCommodities that are the same with those having been retuned or exchanged;
    • Buying Commodities in places other than EC stores;
    • Failure to return Commoditiesas per SBT's formality within 7 days as of receipt of return or exchange notice;
    • NFR software;
    • Symantec Backup CDs;
    • Symantec Education Kit;
    • Norton products bundled with non-Norton multipacks;
    • Norton products beyond the expiry date;
    • Used additional paid services;
    • Products catering for company and corporates, such as pcAnywhere;
  4. Except as provided in this Clause, SBT shall bear no liability for warranty against defects.

Article 11. Cancellation of Purchase Agreement

  1. SBT has the right to immediately cancel the purchase agreement without any notice for the following cases in addition to the provisions in Article 1 of these Terms of Use.
    • If SBT fails to accept the payment for a product after a certain payment period.
  2. If the purchase agreement is cancelled in accordance with the cause above and the products shall be returned to SBT, buyers shall pay the charge related to the return of the products.

Article 12. Liquidated Damages

If users don't pay for the products after the payment date, SBT has the right to request the liquidated damages of 14.6% per annum (daily basis for 365 days a year) from the term of payment until SBT receives the full payment from the buyer.

Section 3. Miscellaneous

Article 13. Suspension/Restriction of Website

  1. SBT has the right to suspend or restrict the service of EC Store without prior notice to users in the following cases.
    • In case of power failure, repair, construction work, troubles related to EC Store systems or facilities (including priority communication for public interests during communication problems or crisis) or any other similar situations
    • In case of any force majeure including natural disasters or strike or actual or potential sabotage by a third party,
    • In case SBT determines the necessity to suspend or restrict the service of EC Store due to technical or administrative reasons or
    • Any other reasons beyond the control of EC Store.
  2. SBT has the right to change, add or delete any contents, in part or wholly, on the EC Store website without prior notice. SBT shall not be liable for any events caused by such changes, additions or deletions.

Article 14. Trademark

Product names, service names or logos on the EC Store website are trademarks or registered trademarks of SBT or manufacturers or suppliers for the relevant products. It is strictly prohibited to reproduce, change or redistribute those trademarks or registered trademarks without prior written approval of trademark owners.

Article 15. Work and Copyright

  1. All trademarks rights, copyrights, patents or other intellectual property rights provided, used and symbolized on the EC Store website belong to SBT or the original owners providing such rights to SBT. The users shall not, in part or wholly, republish, reproduce, open, change, redistribute or do other similar acts to the rights above directly or by a third party without prior written approval of SBT.
  2. Users shall not transfer nor provide as collateral, including right of pledge to a third party, in party or wholly, the rights provided to the users in accordance with these Terms of Use without prior written approval of SBT.
  3. SBT can transfer the right to receive payment for products from the users, in part or wholly, to financial institutes or settlement organizations which users select to pay for the products or suppliers of SBT or lease companies related to products selected by users without any notice in accordance with these Terms of Use.

Article 16. Prohibited Conduct

For a valuable experience on EC Store site, users agree not to:

  1. infringe on copyrights, portrait rights, trade secrets, properties, privacies or any other rights of SBT, companies related to SBT or a third party,
  2. slander or criticize a third party or damage or hurt the honor or credit of a third party,
  3. carry out any criminal behaviors or other behaviors which can become criminal behaviors
  4. provide information which is not true,
  5. use or provide harmful computer programs including viruses on EC Store site or related to the Site Use Agreement,
  6. provide information, descriptions or figures which may be an offense against public morals to a third party on EC Store site or related to the Site Use Agreement,
  7. interrupt other users' use or operation of EC Store,
  8. cause harm, bring disadvantageous results or do damage to SBT, companies related to SBT or a third party,
  9. violate any applicable laws or regulations or
  10. perform any other behaviors which SBT considers improper.

Article 17. Disclaimer of Warranties

  1. SBT makes no guarantee that EC Store doesn't contain any contents which may be harmful to persons under adult age.
  2. SBT disclaims non-defect, integrity, accuracy, certainty or usefulness of any contents in the EC Store or information which users get through EC Store website.
  3. SBT shall not be liable for data loss or backup for information which users provide to EC Store.
  4. SBT shall be liable only for practical or direct damage to users related to EC Store or Site Use Agreement regardless of causes. The liability of SBT shall not exceed the amount which a user shall pay to SBT related to the Site Use Agreement which is the direct cause for the damage. SBT and users shall not be liable for any losses or damages caused by force majeure or any other special circumstances whether those losses or damages are indirect, incidental, lost profits or predicted or not.
  5. If the information which users provide to SBT including mailing or email addresses is incorrect or mistaken, SBT shall not be liable for any leakage of personal information of users because SBT communicates with users including confirmation on the order using the mailing address or email address users provide.

Article 18. Jurisdiction

Tokyo District Court shall have jurisdiction over all disputes which may arise between SBT and the user.

Article 19. Governing Law

These Terms of Use shall be governed and interpreted by the laws of Japan.

Article 20. Scope and Change of Terms of Use

  1. The regions to use EC Store are the People's Republic of China (including Hong Kong, Macao and Taiwan).
  2. SBT has the right to change any provision of these Terms of Use without any notice at any time in accordance with the procedures of SBT.
  3. For the change above, the latest provisions after change are applied to users.
  4. SBT may specify special provisions on other pages of EC Store website. In such a case, the special provisions specify a part of these Terms of Use. In case of any discrepancy between these Terms of Use and the special provisions, the special provisions take precedence.

Article 21. Offering (or Software) License

Each Offering referred to on the Site is licensed by Symantec to You, subject to the relevant EULA, as well as other license terms regarding third party software that may be included. Your use of the Offering is explained and governed by such EULA. You must read, understand and agree to be bound to the terms of EULA before use. Please visit http://www.symantec.com/en/hk/about/profile/policies/eulas/ repository for the full list.

Article 22. Unauthorized Offerings; Brand Protection

  1. You may not alter, unbundle, or break any Symantec Offering down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a license key from any Offering and transferring to a third party for any purposes.
  2. All Offerings must be obtained in the first instance from Symantec, or via Symantec's authorized partners, as applicable. If, in Symantec's reasonable judgment, the original acquisition of the Offering from Symantec (or via Symantec's authorized partners, as applicable) occurred using a fraudulently obtained payment methods, or any other unauthorized means, Symantec has no obligation to allow continued use of the Offering and/or provide support services.
  3. Symantec and SBT reserves, in its sole discretion, the right to reject Orders, Transactions, and/or deactivate Offerings which have been obtained through or for unauthorized means, or is otherwise in violation of the relevant EULA.
  4. The Offerings are valid for use in the location where You purchased. They are not intended for use in other regions, and the ability to use, install, and/or activate the Offering may be limited by Your location.

Article 23. Resale and Gifts

You may only purchase Offerings for Your personal use. You may not commercially resell any Offerings, but You may give the Offering as a gift. Recipients of gifts may need to open and maintain a Norton account in order to receive any support offered by Symantec. These Terms apply to any gift recipient.

Addendum. These Terms of Use are executed beginning Dec. 20, 2018.

Unauthorized reproduction or posting prohibited.