Refacolle <Nichigai Reference Collection> - Terms of Use
Nichigai Associates, Inc. ("Company") provides the Refacolle Nichigai

educational institution such as a university, junior college, or other type ofReference Collection database service on the Internet in accordance with theseschool, subject to prior notification, access from a terminal located outside theRefacolle Nichigai Reference Collection Terms of Use ("Terms").

institution by an individual belonging to the institution under the contract ispermitted free of charge. However, this provision shall not be applicable to1. Refacolle Nichigai Reference Collection

off-site usage at a public library.

Refacolle Nichigai Reference Collection (“Service”) refers to the database

Universities and junior colleges that have a librarian training course including

service provided by the Company on the Internet.

a communication system are permitted access from off-campus locations free

Two usage methods are available: An ID and password authentication method,of charge under a basic license contract for three simultaneous access IDs

applied to individuals, and an IP address authentication method, applied to(prior notification required).

corporations. However, as an exception in case of a special reason, the ID andpassword authentication method may be applied also to corporations.

5)

Public library usage
Shared usage within the same municipality (central library and branchlibraries, etc.) is permitted. However, shared usage between different

2. Scope of Terms; changes of Terms

municipalities is not possible. Search result output per search is permitted up

The Terms apply to the entire relationship between the Company and a user

to twenty A4 size sheets and distribution to a user. The distribution fee setting

when using the Service.

is left to the discretion of the library under the contract.

A user is a person who upon acceptance of the provisions of the Terms has inaccordance with the prescribed procedure of the Company applied for the use of

6. Provision of the Service

the Service and upon the Company’s approval of the use of the Service has

The Service can only be used with an internet connection.

completed the registration procedure.

After the Company has completed the registration procedure of a user, theThe Company shall be able to change the Terms and procedures without priorCompany grants a user the right to use the Service and thereupon provides thenotice to a user.

Service.
Concerning the content of the Service there will be a separate announcement

3. Usage contract

and contact from the Company.

A usage contract for the service shall become established when an applicant has

The Company shall be able to supplement and modify the content of the Service

completed the prescribed usage application form by entering the required

without prior notice to a user.

information, filed the application with the Company or a sales agent engaged by

The Company shall be able to suspend the Service for a certain period of time

the Company (“Agency”), and received delivery of a user ID and password (orwithout prior notice to a user due to equipment maintenance or unforeseen

an equivalent) from the Company or Agency.

circumstances.

4. Usage period

7. Denial of approval

The usage period for each file is one year from the start date of usage. The sameIf a person who has filed an application to use the Service meets any of theapplies to a continuation of usage thereafter.

following conditions, the Company may deny approval. Moreover, theCompany may revoke a granted approval at a later time.

5. License
Usage of the Service is permitted in accordance with the contract hereunder.
Charge settings vary depending on the usage pattern.
1)

Individual license
The Service can be used only by an individual who has concluded a contract.

2)

Basic license (corporate only)・If it is found that previously a contract was cancelled on grounds of a breachof the Terms, etc.
・If false information or a serious error or omission is found in the application
details.
・If it is found that a credit card specified by an applicant has been suspended
from use by a credit card company.

The Service can be used by any person belonging to a corporation which has

・If it is found that a usage fee has not been paid.

concluded a contract. Three ID holders can access the Service at the same・If the IP address authentication setting differs from the content of the contract.

time. ID holders in a shared range are not subject to a distance limit but must

・If other action of a user is found inappropriate by the Company.

be located in the same country.
3)4)Additional license (corporate only)

8. User ID and password management

Each addition of one unit of two IDs for simultaneous access commands an

A user shall properly manage a user ID, etc., issued by the Company.

additional predetermined charge.

A user ID can be used only by the user to whom it was issued by the Company

Off-campus usage (corporate only, prior notification required)If a contract for five or more IDs for simultaneous access is concluded by an

and must not be transferred, loaned, or disclosed to a third party.
A user shall be responsible for managing a password issued by the Company

and a password set by a user. A user shall be liable for any and all damages

For the number of simultaneous access IDs added or contract files changed

caused by a user’s insufficient management of a password or the unauthorized

during a contract year the balance amount will be charged.

password use, etc., by a third party.

With each license payment a user shall observe any regulations that a credit card

If a user finds that a third party has made unauthorized use of the user’scompany, collection agency, or financial institution, etc., may have established,password, the user shall immediately notify the Company of the matter.

such as separate usage conditions, payment conditions, and usage limit settings,

A lost or forgotten user ID and password will be re-issued by the Company for aetc. If a dispute arises between a user and a credit card company, collection

charge in the amount of the actual cost of re-issuance.

agency, or financial institution, etc., the parties involved shall resolve the dispute
between them without any liability to the Company.

9. Prohibited actions

Failure to pay a usage fee when due will be treated as follows.

The following actions are not permitted in connection with the Service.

・In the case of a individual license, if a credit card company notifies the・To allow a third party to use a user ID and password of a user.

Company that a user’s credit card is invalid and it is established that payment

・To make unauthorized use of another user's user ID and password.

by credit card is not possible, the Company will temporarily suspend Service・To engage in action that causes inconvenience or disadvantage to another user

usage by the user and have the user establish an alternative payment method.

or a third party, or may interfere with the Service, or is otherwise deemed

If receipt of payment by the new payment method is confirmed by a specified

inappropriate by the Company.

date, the usage suspension will be lifted. If receipt of payment cannot be

・To divulge non-public information learned in connection with the usage of
the Service that is disadvantageous to the Company or a third party.

confirmed by a specified date, the matter will be treated as a contract
cancellation.

・To infringe upon a copyright or other right of the Company or a third party.

・In the case of a basic license and any additional license, if receipt of payment

・To engage with respect to the Company or a third party in slander, libel, orby the prescribed procedure is not confirmed by the payment due date of aobstruction of operations.
・To engage in other action contravening laws and regulations.

usage fee, the Company will temporarily suspend Service usage by the user.
The usage suspension will be lifted when receipt of payment has beenconfirmed. If receipt of payment cannot be confirmed by a specified payment

10. Usage fee

deadline, the matter will be treated as a contract cancellation.

The usage fee for the Service shall be based on the separately determined pricelist, and shall be paid by the method specified by the Company or Agency.

12. Service maintenance・The Company shall be able to revise or partially change the usage fee without

To ensure Service usage in good working order at all times, the following

the consent of a user. A user shall pay the stipulated amount of the revised ormatters should be noted.

changed usage fee in accordance with the prescribed procedure. However, inTo maintain the Service in good working order, the Company shall be able tothe case of a usage fee revision the Company shall notify a user in advance bysuspend the operation of the Service and perform maintenance and inspection

appropriate means.

without prior notice to a user.

・The Company shall not for any reason be required to refund any payment

The Company shall not be liable for any delay or interruption in the provision ofsuch as a usage fee, etc., paid by a user to the Company in connection with thethe Service due to unavoidable reasons including the reasons stated above andService.

unexpected events.

・A user shall be responsible for the cost of installation, etc., of the computerand communication equipment used by a user, the telephone charge required

13. Disclaimer

for using the Service, and the usage charge and application charge, etc., of an

The Company shall not be liable for any damages sustained by a user due to theInternet service provider, etc.

usage f the Service or the inability to use the Service.
The Company offers no warranty for the operation of any device or software

11. Usage fee payment

used by a user.

The usage fee for an individual license is payable in a lump sum for one year by
the end of the contract start month or contract renewal month. A usage fee is not

14. Cancellation

refundable in case of a contract cancellation during a contract period.

A user who wishes to cancel a user’s contract shall notify the Company or

Payment for a individual license is limited to payment by credit card in the name

Agency in accordance with the prescribed procedure at least one month beforeof the individual license holder. As a general rule, the Company will not issue an

the contract expiration date. In this case, the right to access the Service will lapse

invoice or receipt to an affiliated institution.

on the day specified by the Company.

The usage fee for a basic license and any additional license is payable in a lump

An annual usage fee, etc., already paid by a user wishing to cancel the user’s

sum for one year at the end of the contract start month or contract renewal month.

contract will not be repaid.

A usage fee is not refundable in case of a contract cancellation during a contract
period.

15. Cancellation for cause

Payment for a basic license and any additional license shall be made either byIf a user meets any of the following descriptions, the Company shall be able tobank remittance, postal transfer, or payment by account transfer approved by thewithdraw the user ID, etc., of the user and immediately cancel the contract for

Company or Agency for each user.

the Service.

・If a user has breached a provision of the Terms or instructions by theCompany.
・If a user has entered a state of insolvency or was served notice of petition for

21. Penalty
A user may be charged a penalty by the Company if a user’s usage of theService is found to be outside the scope specified in this contract.

the initiation of proceedings of bankruptcy, civil rehabilitation, company
liquidation, or company reorganization.

End of provisions

・If a user has failed to perform by the due date a payment obligation such as ausage fee or has refused payment.

Supplementary Provision: These Terms will be applied to all users from June 1,2020.

16. Service usage scope
The Service shall be limited to the private use of a user.

Prepared: June 1, 2020

A user shall not with respect to a third party trade, rent, publish, or distribute data,

Nichigai Associates, Inc.

data reproductions, or restorable data of the Service without the writtenpermission of the Company.

17. Attribution of rights
Rights under the Copyright Act concerning data belong to the Company and thecopyright holders of individual files.

18. Disclaimer concerning usage
The Company is not liable for any damage sustained by a user due to dataobtained through the Service.

19. Handling of personal information
With respect to the collection of personal information of users related to theusage of the Service (information enabling the personal identification of anindividual or information characteristic of an individual, including name, address,
telephone number, and e-mail address, etc.) and the handling of such collected
personal information, the Company observes the stipulations of the Act on theProtection of Personal Information and the Personal Information Protection
Policy (Privacy Policy) of the Company.

20. Other provisions
A user shall in accordance with the prescribed procedure promptly contact theCompany in case of a users’ change of name, address, credit card expiration date,transaction bank account, or other user registration details.
A user shall in accordance with the prescribed procedure apply with theCompany in case of a succession to or change in the status of a user.
In case of the death of a user, one universal successor shall perform theprescribed contract cancellation procedure, or else the status as a user subject tosuccession shall lapse upon receipt of the Company’s cancellation notice by one
comprehensive successor.
The method of contact between the Company and a user shall be limited to themethod specified by the Company.
If an issue regarding the usage of the Service arises that cannot be resolved byapplication of the Terms, written guidance, manuals, or instructions from theCompany, the matter shall be resolved through consultations to be held in goodfaith between the Company and a user.
Concerning the usage of a search agent company, please consult separately withthe Company.
In case litigation becomes necessary, the Tokyo District Court shall be theexclusive court of jurisdiction in the first instance.