Terms & Conditions

1. ABOUT THE WEBSITE

Welcome to curfex.com (the 'Website'). The Website provides international money transfer services via the Internet (the ‘Services’).

Curfex Japan, Inc. is a 2nd type Funds Transfer Services Provider registered with the Prime Minister under the Japan Payment Services Act (Act No. 59 of 24 June 2009, the ‘Payment Services Act’(Registration No: Kanto Local Finance Bureau no. 00059).

Access to and use of the Website, or any of its associated Services, is provided by Curfex Japan, Inc. (together termed 'Curfex'). Please read these terms and conditions (the 'Terms') carefully.

2. ACCEPTANCE OF THE TERMS

By visiting our Website and/or using our Services, this signifies that you have read, understood and agreed to be bound by the Terms. You also confirm acceptance of the Terms by clicking to accept or agree to the Terms where this option is made available to you by Curfex in the Website. If you do not agree with the Terms, please cease usage of the Website, or any of the Services, immediately. The following additional documents are to be read together with the Terms:

1. Privacy Policy

2. Cookie Policy

3. Frequently Asked Questions ('FAQ')

4. Policy on compensation and other measures for members’ loss caused by the instruction of a person who does not have authority against the intention of the user (‘Compensation policy’)

5. Card Policy (applicable when using Card Services)

6. Sanctions Guide

Upon acceptance of the Terms, you also agree to the exchange of information with Curfex by electromagnetic means by way of either email or notification on our Website.

3. REGISTRATION TO USE THE SERVICES

You must be at least 18 years old and a resident of Japan to access the Services.

In order to access the Services continuously, you must first register for a customer account through the Website (the 'Account'). Upon completion of the account registration procedures, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

4. PROHIBITION OF DUPLICATE ACCOUNTS

Curfex shall reject the registration of multiple accounts by a single Member as prescribed by our Know Your Customer Policy (‘KYC’). The only exception to the rule is where a Member has both individual and corporate accounts with Curfex and the Member acts as an authorised company representative of the corporate accounts. Each entity, individual or corporate, shall only be entitled to one Account.

5. KNOW YOUR CUSTOMER (‘KYC’)

Curfex will perform the identity verification prescribed in the Act on Prevention of Transfer of Criminal Proceeds (Act No.22 of 31 March 2007) and other relevant laws and regulations upon your registration for the Account.

You shall submit the identity verification documents as prescribed by Curfex in the manner prescribed by Curfex at this time.

The Member registration procedures shall be completed upon verification of the Member’s identity through

1. eKYC-Selfie: the Member taking a photograph of themselves by following the instructions of our e-KYC during the Member’s Account registration. This option is available for Individual Accounts only; or
2. Post: The Member receiving the registered mail sent by Curfex to the address of the Member.

Curfex shall be entitled to access information from various public and private databases in order to verify your identity. Curfex shall also be entitled to refuse your registration of Account at its discretion taking into consideration the information at its disposal.

6. HANDLING OF PERSONAL INFORMATION

Curfex takes your privacy seriously and any personal information of the Members provided through your use of the Website and/or Services are subjected to Curfex's Privacy Policy, which is available on the Website. This Privacy Policy is deemed incorporated as part of these Terms.

Curfex will handle the personal information of the Members in accordance with the “Company Regulations Related to Management of User Information” set out by Curfex.

Curfex shall only provide your personal information to third parties when required to do so by law. These third parties may be

1. Outsourced third parties for fulfillment of Services (‘Payment’) as requested by you;
2. Regulatory agencies for the purpose of preventing transfer of criminal proceeds or any other law and regulations that Curfex is subjected to.

Some third parties that we may share your personal information with are as table below.

7. YOUR OBLIGATIONS AS A MEMBER

As a Member, you agree to comply with the following:

1. You confirm that all information and documents provided to Curfex are true, accurate and up-to-date.
2. You will use the Services only for purposes that are permitted by:
   1. the Terms; and
   2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
3. You have the sole responsibility for protecting the confidentiality of your password and/or account login details. Any use of your registration information (ie. Password and/or account login details) by any other person, or third party, is strictly prohibited. You agree to immediately notify Curfex of any unauthorized use of your password or email address or any breach of security of which you have become aware;
4. Your access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Curfex providing the Services. Utilisation of Services on your Account on behalf of a third party is strictly prohibited, except where you are an authorised company representative for a corporate account; and
5. You are responsible for ensuring that the information provided in the payment request submitted to Curfex (‘Instruction’) is accurate. Transactions cannot be cancelled once a Payment has been executed by Curfex.

Curfex reserves the right to investigate any suspicious activity or unlawful activity of the Members. If Curfex has proof and/or good reason to believe that there has been a breach or non-compliance to the obligations outlined above, Curfex may proceed to immediately cancel any outstanding Instructions you have and/or suspend your Account from all Services. Curfex shall also be entitled to provide information related to Payments, including Member’s personal information, to regulatory agencies and other such organisations as necessary. Curfex may also withhold customer funds when instructed by regulatory agencies and other such organisations.

Curfex shall not be liable for any damages arising from the Member’s disclosing of their password and/or account login details to a third party.

Curfex assumes no liability in any way for any loss suffered by the Members as a result of Payments executed in accordance with the Instruction of the Member.

8. SERVICES

8.1. Our Services Outlined

Curfex shall execute an overseas funds transfer for the amount specified by the Member to the party nominated by the Member to receive such funds (the ‘Payee’) based on the Instruction submitted by the Member and in accordance to this Terms of Use. The Instruction must have all relevant information as requested. These information requested are in line with the regulatory requirements that govern our Services. It is your responsibility to ensure that the information provided in the Instruction is accurate and complete.

A payment service agreement shall be established between Curfex and the Member upon Curfex’s receipt of the cleared funds required for the transfer (the ‘Transfer Amount’) and the fees charged by Curfex for fulfilling this Service (the ‘Service Fees’).

In the event where Curfex has outsourced operations involved in the performance of Services to third parties, the payment service agreement shall remain in effect between Curfex and the Member and shall not affect the rights and obligations of Curfex and the Member.

8.2. Using Our Services

The Member shall specify either the Transfer Amount or the amount receivable by Payee (the ‘Receivable Amount’) and submit an Instruction to Curfex by one of the following methods:

1. Specifying Transfer Amount: Member will specify the Transfer Amount in the local currency of the Member, i.e. JPY, and the Receivable Amount in the local currency of the Payee will be calculated based on the Transfer Amount specified.
2. Specifying Receivable Amount: Member will specify the Receivable Amount in the local currency of the Payee and the Transfer Amount in the local currency of the Member will be calculated based on the Receivable Amount specified.

Curfex shall use a set exchange rate, where applicable when calculating the Transfer Amount or the Receivable Amount. This exchange rate shall be the mid-market rate published by currencylayer or xe.com, calculated at the time when the Instruction is received by Curfex. However, the method of determining the exchange rate may differ depending on the country and currency. Upon receipt of the Instruction, we shall provide you with a Quote with the Transfer Amount and the corresponding Receivable Amount, or vice versa, the exchange rate used, estimated Payment time required and the Services Fees. The exchange rate offered in the Quote shall be valid for 24 hours.

After submitting the Instruction, the Member shall transfer the Transfer Amount and Services Fees (as provided in the Quote) to the bank account designated by Curfex.

We will proceed with the Payment upon receipt of the funds for the Transfer Amount and Service Fees (‘Cleared Funds’) from the Member.

Within two (2) business days of Payment, a Transfer Complete will be sent to your email and made available on your Account on the Website. This is for your record keeping purposes and concludes the Services for the Instructions provided. Such Transfer Complete confirmation by us is made on a best effort basis. Shall there be any discrepancies, Curfex shall not be held liable in any means.

8.3. Notes about Our Services

1. Our Services has an upper limit of JPY 1,000,000 per transaction (not including transaction fees) or the foreign currency equivalent thereof. For transactions requested from our Website, there is minimum fee of JPY 500 per transaction.
2. Any Instruction received after 5 pm JST on a business day or not on a business day, will be deemed to have been received on the next business day.
3. It’s our promise to our Members that will do our best to honour the exchange rate provided in the quote, however, we shall not be responsible for any reductions in amount received that are due to the changes in the foreign exchange market. In the spirit of good faith, the exchange rate will be refreshed to the latest mid-market rate at time of receipt of the Cleared Funds when
   1. There’s a 2% or more change in exchange rate within the 24 hours validity period; or
   2. The Cleared Funds required for the transfer is only available to Curfex after the 24 hours validity period.
4. In the event of a refreshed exchange rate, Members will be sent an email and notification in their Account to confirm their preferred course of action in the event of a refreshed exchange rate. These are either
   1. Curfex to proceed with Payment with the refreshed exchange rate. A revised Quote would be provided to you with the updated exchange rate and updated Receivable Amount; or
   2. Curfex to cancel the Instruction and proceed with refund of Cleared Funds (deducting Refund Fee) into your nominated account for refunds (‘Refund Account’) in your Account profile; or
   3. Curfex to provide you with revised Quote with updated exchange rate, updated Transfer Amount and difference in Transfer Amounts. Where the exchange rate has moved in your favour, the extra funds from Cleared Funds shall be refunded to your Refund Account. Where the exchange rate has moved against you, you will need to send the difference to us before we proceed with Payment. In the event where we do not receive this difference within the next 24 hours from revised Quote, we will proceed with refund of Cleared Funds (deducting Refund Fee).
   Any updates will be sent to your email and will also be made available in your Account on the Website.
5. The Instruction would be cancelled after five (5) business days from date of Instruction receipt should Curfex not receive the Cleared Funds required to carry out the Payment. A cancellation email will be sent to you and your Account on Website will be updated.
6. Any requests for cancellation of Payment is only possible if Payment has not been processed. In the event where Payment has been processed, we shall not be liable to provide a refund or any losses you may incur.
7. For certain Instructions requested by Members, Curfex may request for additional information or documents from the Members to proof their State of Property and Income (Source of Funds or Source of Wealth) before Payment is processed as required to fulfill our AML Compliance Obligations. Curfex shall have full discretion to decide if the additional information or documents provided is sufficient to proceed with Payment.
8. We reserve the rights to refuse your Instruction where:
   1. the information provided is not accurate and complete;
   2. we are required to fulfill our AML Compliance Obligations.
9. In the event where your Instruction has been refused by Curfex, there will be an administration fee charged to the Member which shall be deducted from the Cleared Funds. The balance of which will be refunded to the Member to a nominated bank account in the Member’s name (refunds to third party accounts are not possible).
10. In the event that incorrect Payee details were provided in the Instruction, we shall reasonably assist you in the recovery of your payment. We shall not be liable for any losses you incur.

9. STANDARD PERFORMANCE PERIOD

The standard performance period up until receipt of the Receivable Amount in the Payee's account depends on the country that the Payee's bank is located, generally, the completion date will be the next banking business day (except where deposits of funds are received by the Company after 15:00). However, the completion date might be delayed if additional information is required from the Members. The standard performance period shall be displayed on the screen when an Instruction is made and as well as in the Quote.

10. SERVICE FEES

Fees charged by Curfex to fulfill the Payment (the 'Services Fee') shall be one percent (1%) of the payment amount (fractions below one (1) yen shall be rounded to a whole yen), unless stated otherwise. You will be informed of the actual Services Fee when an Instruction is made and it shall also be provided to you in the Quote. The Services Fee charged shall not exceed three percent (3%) of the payment amount. This Services Fee shall be borne by you and made available to us with the Transfer Amount.

You acknowledge and agree that where Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. We also reserve the rights to refuse Payment until receipt of Services Fees.

In the event where you are making payment to certain corporates that have a standing agreement with Curfex (‘Merchants’), your Services Fees may be waived. The Services Fees applicable to you, will be displayed in your Transfer Complete.

You agree and acknowledge that Curfex can change the Services Fee at any time.

11. TRANSACTION STATUS & HISTORY

Members will be able to access and review the status of any outstanding Instructions and the transaction history with Curfex by logging into your Account on the Website.

12. ISSUANCE OF RECEIPTS

In the event that the Members submit an Instruction and a payment service agreement is established under the provisions of Article 8.1, the Company will issue a Quote to the User detailing the contents of the remittance request and the remittance amount, etc.

Upon completion of Payment, Members will receive a receipt (‘Transfer Complete’) detailing the contents of the remittance request and the remittance amount, etc.

Members shall agree in advance that Curfex may provide the Quote and Transfer Complete to the Members in an electronic form such as an email and/or a display on the Website.

13. REFUND POLICY

There shall also be an administration fee charged for refunds (the ‘Refund Fee’) up to JPY 300 in any of the following circumstances. Curfex shall deduct this Refund Fee and our Services Fee from the amount of Cleared Funds received by Curfex from the Member. The balance of which shall be refunded to a bank account in the Member’s name of their choosing (refunds to third party accounts are not possible).

1. When Member requests for cancellation of Payment and the Payment has not been processed;
2. When Curfex refuses Member’s Instruction;
3. When the banks or financial institutions used to fulfill the Payment have refused the Payment due to incorrect information provided by the Members, their regulatory requirements or any other valid reason and the funds are returned to Curfex;
4. When the Payee’s account is invalid, payment is not possible, and the funds are returned to Curfex.

We will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services or at our absolute discretion, that it is reasonable to do so under the circumstances. We also reserve the right to pass on any foreign exchange rates losses to the Member (where applicable) and this cost will be deducted from the amount of Cleared Funds.

14. OUTSOURCING

Curfex may outsource operations involved in the performance of the Services to third parties as it deems necessary.

15. COMMUNICATION BETWEEN MEMBERS AND CURFEX

Circumstances may arise that necessitate the exchange of information in writing between the Curfex and the Members. For this reason, the Members shall, upon agreeing to these Terms, agree to the exchange of information with the Curfex by electromagnetic means by the way of e-mail, phone call or notification on the Website. Curfex may also send you post mail, as required.

16. GENERAL DISCLAIMER

Our acceptance of you as a Member is at our sole discretion and we reserve the rights to decline opening a customer account for you without having to specify a reason.

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. Curfex will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Curfex make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Curfex) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. inability to execute payment transactions or delayed payments as a consequence of disruption and delays of Internet communications, force majeure such as disasters, trouble and war, etc., legal restrictions, measures implemented by the government and public institutions such as courts and any other circumstances not attributable to the Curfex;
2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of the products of Curfex; and
4. the Services or operation in respect to links which are provided for your convenience.

Curfex shall be entitled to suspend or interrupt provision of Services without prior notice if it deems so necessary in order to carry out system maintenance or as a result of faults in communication lines, means of communication and computers, etc. Curfex assumes no liability for any loss suffered by Members as a result of its suspension or interruption of the provision of Services.

Curfex assumes no liability for any loss suffered by the Members based on its refusal to provide the Services pursuant to the provisions set forth in Article 21.

Curfex's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

17. PREVENTION OF CONFUSION WITH FOREIGN EXCHANGE TRANSACTIONS CONDUCTED BY BANKS

The Members shall use the Services with the understanding of the following:

1. The Services differ from foreign exchange transactions performed by banks, etc.;
2. The Services do not constitute the acceptance of deposits, savings or fixed time deposits (as stipulated in Article 2, Paragraph 4 of the Banking Act) by Curfex;
3. The Services are not subject to the payment of insurance prescribed in Article 53 of the Deposit Insurance Act or Article 55 of the Agriculture and Fisheries Cooperative Savings Insurance Law;
4. The Members are protected by the ‘Security Deposits for Providing Funds Transfer Services’ system that has been established as required by the Payment Services Act. The security deposit shall be an amount not less than the daily debt borne by Curfex to its members. The relevant calculation period is one week, where there’s a shortfall in security deposit, the difference(s) shall be made to the regulator within the next three (3) business days.
5. Based on the procedure for the execution of right set forth in Payment Services Act, the Members who have an outstanding payment service agreement with Curfex shall reserve the rights to a refund from the 'Security Deposits for Providing Funds Transfer Services' system until the Payment is completed i.e. the Payee has received the funds as requested; and
6. The Members can receive refunds under the 'Security Deposits for Providing Funds Transfer Services' system should the applicable circumstances arise, e.g. in the event that Curfex goes bankrupt, etc.

18. CONTACT ADDRESS RESPONDING TO COMPLIANTS AND REQUESTS FOR CONSULTATION FROM MEMBERS

If you have any requests for disclosure, complaints, or consultations related to Curfex, please contact our Customer Consultation Desk at:

1. Address: 4th floor, Otemachi Building, 1-6-1 Otemachi, Chiyoda-ku, Tokyo

2. Email: hello@curfex.com

3. Business hours: 09:00 - 18:00 (excluding weekends and public holidays)

We strive to respond to all inquiries by the next business day. Please note that the response may be delayed depending on the nature of your inquiry.

19. MEASURES FOR THE HANDLING OF COMPLAINTS AND RESOLUTION OF DISPUTES

Curfex will respond sincerely to any complaint or inquiry (‘Complaint’) relating to our Services.

1. Members may file complaints relating to our Services at Curfex’s contact information listed in Article 18.
2. Considering the nature of the Compliant, the Customer Consultation Desk will
   1. report the Complaint to the Board of Directors and take appropriate action; and
   2. provide prompt status updates to the Board of Directors, who shall (when necessary) give instruction to the Risk Management Team to conduct an investigation and take countermeasures to prevent the recurrence of such issues based on the findings.
3. If necessary, our Customer Consultation Desk will introduce the Member to a dispute resolution support organisation.

Dispute Resolution Support Organisation

In the event of any dispute with us relating to Curfex Services, you may contact the following:

1. Tokyo Bar Association Dispute Resolution Center (Tel: 03-35810031)
2. Arbitration Center of the Daiichi Tokyo Bar Association (Tel: 03-3595 8588)
3. Arbitration Center of the Daini Tokyo Bar Association (Tel: 03-3581 2249)

Complaints and Resolution System Diagram

20. ELIMINATION OF ANTI-SOCIAL FORCES

The Member represents to Curfex that you do not fall under an organised crime group, a member of an organised crime group (including those of not more than 5 years), a quasi-member of an organised crime group, a company affiliated with an organised crime group, a corporate extortionist (Sokaiya), social movement advocates (Shakaiundo Hyobogoro) or Special Intelligence Violent Groups (Tokushuchino Boryokushudan) or equivalent thereto (all known as ‘Anti-Social Forces’) and warrants that the member will not be involved with the Anti-Social Forces in the future such as

1. Having relationship with Anti-Social Forces that is deemed to be controlling the business
2. Where Anti-Social Forces are deemed to be substantially involved in management
3. Use of relationship with Anti-Social Forces unfairly either for the purpose of gaining improper profits for oneself, one’s company or third party or for the purpose of damaging a third party
4. Involvement with Anti-Social Forces e.g. providing funds or convenience to them
5. Management personnel having relationships with Anti-Social Forces that draws criticism.

The Member commits not to engage in or cause a third party to engage in any of the following

1. violent demand;
2. unreasonable demand beyond legal responsibility and/or liability;
3. threatening behaviour or using violence in relation to dealings with Curfex;
4. damage Curfex’s reputation or interfere in our business by disseminating rumours or using fraud or force; or
5. any acts equivalent to the preceding items.

21. REFUSAL OF SERVICES PROVISION

Curfex may, without prior notice, suspend or terminate your Account and refuse to provide the Services to Members if it has proof and/or good reason to believe that any of the following has occurred:

1. The Members have engaged in acts in violation of laws, regulations and these Terms;
2. The Members who correspond to any of the items and/or engaged in any of the acts in Article 20, or who are discovered to have made false representations and affirmations based on the provisions in Article 20;
3. Curfex is exercising the rights prescribed in Article 5;
4. When the registered name or address of the Member does not match the information of the Transfer Amount source (bank account, etc.);
5. When the Instruction provided by the Member is in violation of the laws and regulations and all other forms of enforcement regulations;
6. Curfex has reason to believe the Member are involved in any predicated crime, money laundering or terrorism financing;
7. The Members are using or may use the Services for acts contrary to public order and morals laws and ordinances;
8. The Members whose whereabouts are unknown;
9. The Members who inherited the Account;
10. When the provision of the Services to you by Curfex is, in the opinion of Curfex, no longer commercially viable; or
11. Any other items for which Curfex deems there to be reasonable grounds for refusal of the Services.

22. CONTRACT PERIOD

The contract period for Members is 1 year. At expiration of the contract, the contract shall be renewed automatically for another year, unless the customer requests to terminate the contract.

23. TERMINATION OF CONTRACT

Members can request for the termination of contract by reaching out to us through the contact information listed in Article 18. There will be no termination fees charged.

24. CHANGE TO OR ABOLITION OF THESE TERMS

Curfex reserves the right to review and change any of the Terms by updating this page at its sole discretion. Curfex may also suspend use of the Services in whole or in part to facilitate the said change or abolition.

Curfex assumes no liability for any loss arising from any change to the contents or abolition of these Terms and the Services or suspension of the provision of the Services due to this change or abolition.

When Curfex updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

25. FINALITY

These Terms or the explicitly cited provisions constitute the contents of the agreement between Curfex and the Member in its entirety and take precedence over any prior written or oral agreements between the parties.

26. INTELLECTUAL POLICY

The Website, the Services and all the related products are owned or controlled and reserved by Curfex.

All trademarks, service marks and trade names are owned, registered and/or licensed by Curfex, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device's cache memory; and
3. print pages from the Website for your own personal and non-commercial use.

Curfex does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Curfex.

Curfex retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any:

1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;
2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of Curfex and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

27. Prohibition of Assignment or Pledge, etc.

The Users may not assign, loan, pledge or otherwise establish any right of a third party on the position of the Users under these Terms of Use or any and all other rights pertaining to the Services.

28. GOVERNING LAW

Any dispute arising out of or in connection with the Terms shall be resolved by the Parties through mutual good faith consultation, failing which the same shall be referred and governed by the jurisdiction of Japan. The Tokyo District Court shall have the exclusive jurisdiction to hear any litigation between Parties at the first instance.

29. SEVERANCE

If any part of these Terms is found to be unenforceable by a Court of law, that part will be enforced to the maximum extent permissible under the applicable law. The remainder of the Terms shall remain in full force and effect.

30. GOVERNING LANGUAGE

This agreement has been prepared in English language and Japanese language, and the Japanese language version thereof shall prevail if there is a difference in content.