MEeS Terms Of Service
MEeS Terms Of Service
User Terms for Mitsubishi Engine e-Service (MEeS) 1. Purpose of the User Terms (1) User Terms for Mitsubishi Engine e-Service (hereinafter referred to as "MEeS Terms") set forth the conditions for using the MEeS system services (hereinafter referred to as "MEeS services") provided by Mitsubishi Heavy Industries Engine & Turbocharger, Ltd. (hereinafter referred to as "MHIET") on this website. Those who register to use the MEeS services and their affiliated organizations (collectively referred to as "Users") shall use the MEeS services in accordance with the MEeS Terms. (2) Users shall be deemed to have agreed to the MEeS Terms by checking the box "I agree to the MEeS Terms of Use" at the time of their first login to the MEeS services or at the time of their first login after a revision of MEeS Terms. If you do not agree to any part of MEeS Terms, you must not use the MEeS services. 2. Language of the MEeS Terms (1) The language of the MEeS Terms shall be Japanese and English, and only the Japanese and English versions shall have legal effect as the original texts of the contract. If translations of the MEeS Terms are made in languages other than Japanese or English, such translations shall be for reference purposes only. (2) In the event of any conflict between the Japanese and English versions and translations in other languages, the original Japanese and English versions shall take precedence in application or interpretation. (3) In cases where the Japanese and English versions contradict each other, the provisions of the Japanese version shall take precedence in application or interpretation. 3. Purpose of the MEeS services (1) The MEeS services are the portal site that allows Users to view equipment information related to MHIET’s products, access various sales/service documents, search for parts inventory, view training videos, report trouble situations, and make warranty claims, among other functions. The content available to each User may vary, and not all Users may have access to all of the above content. (2) The MEeS services are provided by MHIET for use by MHIET, its group companies, distributors, OEMs, and partner companies around the world. 4. Rights of MHIET Regarding the MEeS Terms or the MEeS services MHIET may use the following: i) Information registered/updated in the MEeS services. ii) Information provided by Users through the MEeS services and content provided to Users by MHIET through the MEeS services. 5. Privacy Policy (1) MHIET will use personal information collected from Users through the use of the MEeS services only in the manner specified in MHIET’s Privacy Policy (hereinafter referred to as "Privacy Policy"). The Privacy Policy can be reviewed on MHIET’s website. MHIET will comply with the Act on the Protection of Personal Information and related laws, regulations, and guidelines regarding the handling of personal information. (2) Users shall use the MEeS services at their own discretion and risk, fully understanding the incompleteness and risks of internet communication. 6. Operating System and Browser Requirements Users shall prepare the operating systems and browsers necessary for using the MEeS services, and MHIET may, at its discretion, adapt the MEeS services to be compatible with operating systems and browsers within a reasonable range deemed necessary. 7. Inquiry Contact for the MEeS services (1) If Users wish to know more about the MEeS services or encounter any issues while using the MEeS services, they should contact the Service department of MHIET Group company with which they have a transaction contract related to MHIET’s products (hereinafter referred to as "Service department of MHIET Group company"). (2) Notifications between MHIET and Users regarding the MEeS services will be provided via email or displayed on the top page of the MEeS services. (3) Users must promptly notify the Service department of MHIET Group company of any changes to their company name, user name, address, phone number, email address, and other registration details in accordance with the prescribed method displayed based on the previous item. MHIET shall not be responsible for any issues arising from the use of the MEeS services or otherwise due to the period until MHIET reflects the changes, or if the User does not notify MHIET of any changes. 8. Changes to the MEeS Terms (1) MHIET may change the MEeS Terms to reflect changes due to laws or MHIET regulations or to accommodate additional functions introduced by MHIET, or otherwise as MHIET deems necessary. (2) MHIET will notify Users of changes to the MEeS Terms at least 7 days prior to the effective date of the changes via email or by posting the notice on the top page of the MEeS services. (3) If Users do not agree to the changes, they will not be able to continue using the MEeS services and shall stop using the MEeS services and delete their account. If Users continue to use the MEeS services after the notification of changes to the MEeS Terms, they shall be deemed to have agreed to the updated the MEeS Terms. 9. Updates and Changes to the MEeS services MHIET is not obligated to provide maintenance or support services regarding the MEeS services. However, MHIET may, at its discretion, update, modify or otherwise respond to the MEeS services to improve performance, enhance functionality, or address security issues. 10. Suspension or Termination of the MEeS services (1) MHIET may temporarily suspend Users' access to the MEeS services without prior notice for reasons including, but not limited to malfunctions of the MEeS services or increased load on the servers used by MHIET. Even in such cases, MHIET shall not be liable for any damages incurred to Users’ data or otherwise due to the suspension of the MEeS services as specified in Article 16. (2) MHIET may terminate the provision of the MEeS services at its discretion. MHIET will notify Users of the termination at least 60 days in advance via email or by posting the notice on the top page of the MEeS services. (3) In the event of termination of the MEeS services based on the previous item, Users shall be responsible for backing up their own data before the termination in accordance with MEeS Terms. MHIET shall not be liable for any damages or losses (including, but not limited to, loss of revenue expected by using the MEeS services or others) that arise from the loss of such information or records due to the termination, as specified in Article 16. 11. Disclaimer Regarding Other Websites (1) The MEeS services may include links to other independent websites (hereinafter referred to as "Independent Sites") that are not provided by MHIET. Independent Sites are not under MHIET’s control, and MHIET shall not be responsible for their content, privacy policies, or any matters related to Independent Sites. (2) Users shall use Independent Sites at their own discretion and responsibility. 12. User Responsibilities (1) Users agree to the following: i) Not to lend, lease, provide, or otherwise make available any part of the MEeS services to third parties in any form without prior written consent from MHIET. ii) Not to copy or reproduce the MEeS services (except as necessary for normal use of the MEeS services or for backup purposes). iii) Not to distribute data exported from the MEeS services to any third party without prior written consent from MHIET (however, Users may distribute data exported from the MEeS services to end-users or customers of MHIET’s products solely for the purposes of use, sale, and maintenance of MHIET’s products). iv) Not to translate, integrate, modify, alter, combine with other programs, or embed any part of the MEeS services or information recorded therein. v) Not to reverse assemble, reverse compile, reverse engineer, or create derivative works of the MEeS services in whole or in part. (2) Users shall comply with all technology management or export control laws and regulations applicable to the technology used or supported by the MEeS services. Information recorded in the MEeS services may become accessible to Users in countries other than the country where the recording took place. If Users disclose any information to MHIET or other Users through the MEeS services, or attempt to store it on the server running the MEeS services, they shall determine at their own responsibility whether such actions comply with any applicable technology management or export control laws and regulations. (3) Users represent and warrant that (i) Users are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Users are not listed on any U.S. Government list of prohibited or restricted parties. (4) Users agree to take necessary actions, such as logging into the MEeS services within the prescribed period, in response to MHIET’s periodic requests for user audits, and acknowledge that failure to take such necessary actions within the prescribed period may result in the inability to use the MEeS services. (5) Users have the right to use the MEeS services within the scope permitted by the MEeS Terms. 13. Confidentiality (1) Users shall keep all information viewed or used in connection with the use of the MEeS services (hereinafter referred to as "Confidential Information") confidential and shall not disclose or leak it to any third party without prior written consent from MHIET (excluding disclosures to end-users or customers of MHIET’s products as specified in Article 12, paragraph 1, item iv). Users shall also not use Confidential Information for any purpose other than the use, sale, or maintenance of MHIET’s products. The following information shall not be considered Confidential Information: i) Information that was already public knowledge at the time of use by the User. ii) Information that became public knowledge without the fault of the User. iii) Information lawfully obtained by the User from a third party. iv) Information already held by the User without violating any obligations. v) Information independently obtained or developed by the User based on its own business know-how without violating the MEeS Terms or unrelated to the MEeS Terms. (2) Confidential Information shall include all data, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed in written or physical form that is provided through the MEeS services, regardless of whether it is marked with a "confidential" seal or label. (3) The provisions of this Article shall remain in effect for three years after the termination of the User's use of the MEeS services. 14. Prohibited Acts Users shall not engage in the following acts while using the MEeS services: i) Using the MEeS services for illegal purposes or in a manner that contradicts the MEeS Terms. ii) Engaging in unauthorized or malicious acts, including, but not limited to hacking or inserting malicious code like viruses or harmful data into the MEeS services or operating systems. iii) Infringing on the intellectual property rights of MHIET or third parties. iv) Sending offensive or otherwise undesirable content. v) Using the MEeS services in a manner that damages, disables, overloads, or interferes with MHIET’s systems or security, or interferes with other Users, or otherwise uses the Service in a manner similar to the foregoing. vi) Collecting,modifying, deleting or other inappropriate processing of the MEeS services or information or other data recorded in the MEeS services beyond what is necessary for normal use of the MEeS services. vii) Decoding the programs that constitute the MEeS services or decoding information or data transmitted between the MEeS services and the servers running the MEeS services. 15. Intellectual Property Rights (1) All intellectual property rights worldwide in the MEeS services shall belong to MHIET, and the right to use the MEeS services is granted to Users under the MEeS Terms. Users shall not ownany intellectual property rights in the MEeS services. (2) Unless explicitly stated otherwise, all intellectual property rights worldwide in the information contained in individual contents of the MEeS services shall belong to MHIET, and no rights shall be transferred or granted to Users. 16. MHIET’s Responsibility for User Loss or Damages (1) MHIET shall not be liable for any damages or losses arising from the MEeS services. The MEeS services are provided "as is," and to the maximum extent permitted by law, MHIET disclaims all warranties and liabilities regarding the MEeS services. If any warranties cannot be disclaimed by law, MHIET shall be liable only for such warranties. (2) MHIET shall not be responsible for the possession, storage, or any other matters regarding the content or information used by Users in the MEeS services. Users shall back up their content and information at their own discretion and responsibility. (3) MHIET shall not be liable for events beyond its control (including but not limited to typhoons, fires, power outages, hacking, computer virus outbreaks, earthquakes, floods, wars, epidemics, trade stoppages, strikes, riots, inability to secure materials and transport facilities, government interventions, and the enactment or amendment of domestic and foreign laws or regulations). In the event that the provision, management, or support of the MEeS services is delayed or stopped due to an event beyond MHIET’s control, MHIET may take reasonable measures to minimize the impact of such delays or stoppages at its discretion. 17. Violation of MEeS Terms by Users (1) If a User violates any part of the MEeS Terms, MHIET has the right to stop that User’s access to the MEeS services at any time, revoke that User’s rights to use the MEeS services, and seek damages or other claims. If the violation is minor, MHIET may provide a reasonable period for the User to take corrective action. (2) If MHIET stops a User’s access to the MEeS services and revokes that User’s rights to use the MEeS services based on the previous item: i) The User shall cease all activities permitted by the MEeS Terms, including the use of the MEeS services. ii) The User shall immediately destroy all copies of information related to the MEeS services in a form that cannot be restored (including any edited or modified parts) and shall provide proof of such destruction immediately if requested by MHIET. (3) In the case specified in the preceding paragraph, MHIET may prohibit the User from accessing the MEeS services. 18. Applicability of MEeS Terms After Suspension of Use Even after a User stops using the MEeS services, or has their rights to use the MEeS services revoked, or MHIET stops or terminates the provision of the MEeS services, the provisions of the MEeS Terms shall continue to apply to the necessary extent. 19. Assignment of Rights and Obligations by MHIET MHIET may assign part or all of its rights and obligations under the MEeS Terms to other organization(s). In such cases, MHIET will notify Users of this via email or by posting the notice on the top page of the MEeS services. 20. Severability Each provision of the MEeS Terms shall apply individually. If any provision is deemed illegal by a court or relevant authority, the other provisions of the MEeS Terms shall remain in effect. 21. Governing Law and Jurisdiction The MEeS Terms shall be governed by Japanese law and interpreted in accordance with it. In the event that litigation is necessary regarding the MEeS Terms, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.