Point Use Terms & Conditions
Sunny Health Global Online Shopping Point Use Terms & Conditions
This Sunny Health Global Online Shopping Point Use Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions for use of the points program ("Points Program") provided by Sunny Health Co., Ltd. (hereinafter referred to as the "Sunny Health") and the points awarded to members ("Points") who participate in the Points Program ("Participants"). The provisions of the Sunny Health Global Online Shopping Membership Terms and Conditions and its support page shall apply to any matter not covered by this Agreement with regard to the Points Program.
1. What are the Points?
Sunny Health shall award points according to the Points Program as set forth in this Agreement. No membership fee, annual membership fee, or other expenses will be incurred to participate in the Points Program.
The Participant may use the Points in the manner set forth in Article 5 if certain conditions are met.
No specific rights or obligations shall accrue between Sunny Health and the Participant as a result of the award of Points. In the event Points are used, the Member shall be deemed to have agreed to the terms and conditions contained in this Agreement.
2. Those Who Can Receive Points
Points shall be awarded to those who are registered members of Sunny Health Global Online Shopping.
From the time Points are awarded to the time they are used, the Participant shall continue to hold the relevant Member ID to which the points were awarded.
3. Application of Points Program
The Points Program at the time points are awarded shall apply to the award of Points, and the Points Program at the time points are used shall apply to the use of such Points.
4. Award of Points
In the event a participant uses the Sunny Health’s Services in relation to a transaction for which a predetermined number of points are awarded ("Subject Transaction").
Sunny Health shall, at its discretion, determine the transactions covered, the timing of the Points award, the Points award rate, other conditions relating to the Points award and the manner of disclosure.
The timing of the award of points shall be when certain acts or procedures designated by Sunny Health are completed. In the event Sunny Health or a Participant cancels the relevant transaction during the period from the time of application to the time the Points are awarded, no Points will be awarded.
In the event that the number of points to be awarded is determined by the price of the Subject Transaction and the price is discounted in the Subject Transaction, the price after the discount is applied shall, in principle, be the standard transaction amount for the award of points.
Even if the criteria for the award of points are met, the points may not be awarded to a participant who is judged by Sunny Health to be inappropriate for the award of points. In this case, the participant shall be deemed to accept Sunny Health’s decision in advance.
5. Use of Privileges by Points
Participants may use the Points for payment of all or part of the fees (including shipping charges) for the purchase of goods or services ( "Settlement") for services designated by Sunny Health ( "Use of Privileges") in accordance with the conversion rate determined by Sunny Health ("Rate of Conversion"). The participant will be notified in advance of the details and other terms and conditions of the transaction and Use of Privileges, as well as the fees to be paid by the Participant for the Use of Privileges, in a manner determined by Sunny Health. The Rate of Conversion shall be 100 points equal one yen.
The use of the Privileges set forth in paragraph 1 shall be effective when the application of the Participant is accepted by Sunny Health.
Depending on the Privileges to be used, a Participant may not be eligible to receive the Privileges, for example, a Participant may not be able to use the Privileges in conjunction with other Privileges. In such case, the Privileges shall be granted on such terms and conditions as Sunny Health may prescribe from time to time.
The Participant shall apply for the Use of Privileges and no application shall be made by anyone other than the Participant. When using Privileges, the Company may confirm whether or not the Member ID holder is the Member.
If, after a Participant has used a Privilege, it is found that the use of the Privilege is in violation of the Point Program, and Sunny Health retroactively cancels the Points, Sunny Health may request the Participant to return the Privilege and pay the amount equivalent to the amount equal to the Points used to receive the Privilege. In such case, the Participant shall promptly follow the instructions of Sunny Health.
Sunny Health may impose restrictions on the use of the Points, such as setting a valid period for the service Points. In addition, if such a restriction is set, this content may be changed.
If a Participant cancels a Settlement after making Use of Privileges, in principle, the Points used for the Settlement will be refunded, but no cash will be refunded. Provided, however, that in the event the return of such points cannot be made due to business circumstances of Sunny Health, the Company may return such points in cash or gift certificates equivalent to the amount of the Points used.
If a Participant makes Use of Privileges for Settlement and subsequently cancels the product for the Participant's convenience, all Points used will, in principle, be refunded. In addition, Points used for the remaining products purchased at the same time shall also be returned.
6. Cancellation or Reservation of Transactions Subject to the Use of Points
In the event the Company cancels any Points pursuant to Paragraph 1 of Article 9 after using such Points for Settlement pursuant to Article 5, such transaction subject to such Settlement may be cancelled. In the event the Use of Privileges has been executed or is intended to be executed, the Participant shall immediately pay to the Company the deficiency due to the cancellation of the Points in cash or in the manner designated by the Company.
7. Inquiry for Points
Sunny Health will record the number of Points granted, the number of Points used, and the balance of Points.
Participants can refer to the number of Points they hold on the Sunny Health website or via e-mail and the number of Points earned by each subject transaction by a method specified by Sunny Health.
The number of Points that a Participant confirmed pursuant to the preceding clause shall be the number of Points that the Participant can use.
In the event of any doubt regarding the number of Points recorded under the preceding three (3) clauses, the Participant shall immediately report to Sunny Health. However, the final determination of the number of Points held by a Participant shall be made by Sunny Health and the Participant is deemed to have agreed in advance.
8. Prohibition of Transfer of Points, etc.
Participants shall not assign, lend, or pledge the Points held by them to any third party or attempt to do so.
The Participant may use the Points only in accordance with the Points Program and shall not allow any third party other than the Participant to do so or attempt to cause such third party to do so.
Even if a Participant has multiple Member IDs, the points held by the various Member IDs may not be used collectively..
9. Cancellation of Points
Sunny Health may cancel any or all of the Points held by a Participant in the following cases:
- In the event of a return or cancellation of the products in connection with the Use of Privileges.
- In the event of any act that is contrary to this Agreement, the Sunny Health Global Online Shopping Membership Terms, or other regulations stipulated by Sunny Health that corresponds to the cancellation of the Points.
- In the event of any unlawful or wrongful act or misconduct
- In the event Sunny Health determines that it is appropriate to cancel any other Points awarded to the Participant.
Sunny Health will not pay any compensation or assume any responsibility for any Points cancelled or extinguished.
10. Granting of Points and Suspension of Use
Sunny Health may suspend the award and use of Points to the Participant:
- In the event the Participant is delinquent in paying the user fee, etc. in spite of the fact that such Participant has made Use of Privileges.
- In the event of any act that is contrary to this Agreement, the Sunny Health Global Online Shopping Membership Terms and Conditions, or any other regulations stipulated by Sunny Health that corresponds to the suspension of use of the Points.
The award of Points as set forth in the preceding clause and the cancellation of suspension of use thereof shall be made at the discretion of Sunny Health.
11. Loss of Validity of Points
If Sunny Health deletes a Participant's Member ID in accordance with the Points Program, the Sunny Health Global Online Shopping Terms and Conditions, the Points awarded shall immediately lapse. In such case, Sunny Health shall not be liable to such Participant or any third party (including the other party to the transaction with such Participant) for the forfeiture of any Points.
Points may not be converted into cash.
In the event a Participant cancels the use of any Points or in the event it is found that any Use of Privileges based on the Points Program cannot be completed, and the validity period of any such Points has expired, such Points shall not be eligible for return.
In the event of any change in the information registered when acquiring the Member ID, Participant shall immediately register the change with Sunny Health. Sunny Health will not be responsible for any damages caused by a Participant's failure to register a change.
The Participant shall be responsible for the confidentiality of the Member ID, password, etc., necessary for the use of the Points, etc., and for all acts performed using the Member ID and password. In the event that the Member ID, password, etc. entered at the time of using the Points is confirmed to correspond to the registered information in a prescribed manner, Sunny Health shall be deemed free to accept the use of such Points by the participant holding such Member ID and shall not be responsible for any damages incurred by the Participant even if such Member ID is misappropriated by a third party.
In the event the provision of the Points Program is suspended due to causes other than those attributable to Sunny Health, such as a power failure, communication line accident, natural disaster or other force majeure, failure of the telecommunications carrier, system failure such as an internet infrastructure issue, and emergency maintenance, or the occurrence of any failure related to the award of Points or the Use of Privileges, and the Participant suffers any damage, Sunny Health shall not be responsible for such failure.
In the event of any claim or complaint against a third party other than Sunny Health (including a party with whom the Points have been adopted as a payment method) in connection with the transactions subject to the Points granting or the Use of Privileges, or in the event of any accident, such as delay in delivery of the products, loss, theft, damage, or any defect, defect, or mistake with regard to the products, Sunny Health shall settle such dispute between the Participant and the relevant third party, and Sunny Health shall not be responsible or refund the Points unless such accident or trouble is caused by Sunny Health. In addition, Sunny Health shall not be held liable for any damages incurred by the Participant.
14. Change, Stop, Termination, etc. of Program Content
In the event Sunny Health determines that it is necessary, the Points Program may be changed at any time without prior notice to the Participant, including suspension of the Points Program, changes in the terms and conditions of the Points granted, changes in the number of Points granted, suspension of Use of Privileges, or changes in the terms and conditions of this Agreement. Sunny Health shall not be liable to any Participant in the event of any suspension of Points or otherwise pursuant to this Article. In addition, the suspension of Points pursuant to this Article shall not affect the use of Privileges already provided.
15. Governing Law and Jurisdiction
The laws of Japan shall apply to the formation, validity, performance, and interpretation of this Agreement, and any dispute arising out of or in connection with this Agreement shall be settled at the Tokyo District Court, which shall be the exclusive jurisdictional court of first instance.
End of document
Implemented on September17.2020