Online Shop Terms of Use
These Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") shall be governed by and construed in accordance with the laws of Japan. This Terms and Conditions applies to the online shop (hereinafter referred to as the "Service") provided by ESLEAD HOTEL MANAGEMENT CORPORATION (hereinafter referred to as the "Company") on this website. This Terms and Conditions set forth the terms and conditions of use of the Service provided by Company. All users (hereinafter referred to as "Users") are subject to the terms and conditions of this Agreement. ("the Company"), you are requested to use the Service in accordance with these Terms & Conditions.
Article 1 (Applicability)
These Terms & Conditions shall apply to all relationships related to the use of the Service between the user and the Company.
In addition to the Terms & Conditions, the Company may establish various rules for use of the Service (hereinafter referred to as "Individual Rules"). Regardless of the name by which these Individual Rules are called, they shall constitute a part of this Agreement.
In the event of any inconsistency between the provisions of the Terms and Conditions and the Individual Regulations set forth in the preceding paragraph, the provisions of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.
Article 2 (Sales Contract)
A purchase agreement for the Service shall be formed when a user makes a purchase application to the Company and the Company notifies the user that it has accepted the application. Ownership of the product shall be transferred to the user when the Company delivers the product to the delivery company.
In the event that the user falls under any of the following circumstances, we may terminate the purchase agreement without prior notice to the user.
-If the user violates these Terms and Conditions.
-The delivery of the product is not completed because the delivery address is unknown or the user is absent for a long period of time.
-In the event that the Company deems that the relationship of trust between the Company and the user has been damaged.
The method of payment, delivery, cancellation of purchase orders, return of products, and other matters related to this service shall be determined separately by the Company.
Article 3 (Intellectual Property Rights)
The copyrights or other intellectual property rights to product photos and other content provided by the Service (hereinafter referred to as "Content") belong to the Company, Content providers, and other legitimate right holders. The User may not reproduce, reprint, modify, or make any secondary use of the Content without permission.
Article 4 (Prohibited Matters)
In using the Service, the User shall not engage in any of the following acts
-Any act that violates laws and ordinances or public order and morals
-Actions related to criminal acts
-Acts that infringe on copyrights, trademarks, or other intellectual -property rights contained in the Service.
-Acts that destroy or interfere with the functions of the Company's servers or networks.
-Actions that commercially exploit information obtained through this service.
-Actions that may interfere with the operation of our services.
-Acts of unauthorized access or attempts to do so.
-Actions that collect or accumulate personal information about other users.
-Actions that impersonate other users.
-Actions that directly or indirectly provide benefits to antisocial forces in relation to our services.
-Any other acts that we deem inappropriate.
Article 5 (Suspension of the Service, etc.)
The Company may suspend or discontinue the Service, in whole or in part, without prior notice to the User, for any of the following reasons.
-When performing maintenance inspections or updating of the computer systems related to the Service.
-In the event that provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
-When computers or telecommunication lines are stopped due to an accident.
-In any other cases where the Company deems it difficult to provide the Service.
The Company shall not be liable for any disadvantage or damage incurred by the user or a third party due to the suspension or interruption of the Service, regardless of the reason.
Article 6 (Restriction of Use and Termination of Registration)
In any of the following cases, the Company may, without prior notice, restrict a user's use of all or part of the Service, or terminate the user's registration as a user.
-In the event that a user violates any of the provisions of these Terms & Conditions.
-When it is found that there is a false fact in the registration information.
-If the credit card reported by the user as a payment method is suspended.
-When there is a default of payment obligations such as charges.
-If there is no response for a certain period of time to the contact from our company.
-When there has been no use of the Service for a certain period of time since the last use of the Service
-In any other cases where the Company deems the use of the Service to be inappropriate.
In no event shall the Company be liable for any damages incurred by the user as a result of actions taken by the Company in accordance with this Article.
Article 7 (Disclaimer of Warranties and Disclaimer)
The Company does not warrant that the Services will be free from defects in fact or law (including defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights, etc.) we do not warrant that the Service will be free from defects in any way.
The Company shall not be liable for any and all damages incurred by the User as a result of the Service. However, this disclaimer shall not apply in the event that the contract between the Company and the user regarding the Service (including this Terms and Conditions) constitutes a consumer contract as defined in the Consumer Contract Act. However, even in such a case, the Company shall not be liable for any damages arising out of special circumstances (including cases where the Company or the user foresaw or could have foreseen the occurrence of damages) among damages incurred by the user due to default or tort caused by the negligence (excluding gross negligence) of the Company (including cases in which the Company or the user foresaw or could have foreseen the occurrence of the damage).
We are not responsible for any transactions, communications, or disputes that occur between you and other users or third parties in connection with the Service.
Article 8 (Change of Service Contents, etc.)
The Company may change the contents of the Service or discontinue providing the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result thereof.
Article 9 (Modification of Terms of Use)
The Company may change the Terms of Service at any time without notice to the User, if the Company deems it necessary. In the event that a user starts using the Service after a modification of the Terms of Use, such user shall be deemed to have agreed to the modified Terms & Conditions.
Article 10 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company's "Privacy Policy.
Article 11 (Notification or Communication)
Notification or communication between a user and the Company shall be made in a manner determined by the Company. Unless a user notifies us of a change in his/her contact information in accordance with a method determined separately by us, we will assume that the currently registered contact information is valid and send notices or communications to that information, which will be deemed to have reached the user at the time they are sent.
Article 12 (Prohibition of Assignment of Rights and Obligations)
The User may not assign his/her position under the Service Agreement or rights or obligations under the Terms and Conditions to any third party or offer them as security without the prior written consent of the Company.
Article 13 (Governing Law and Jurisdiction)
The Terms & Conditions shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company's head office shall be the court of exclusive jurisdiction.