TERMS & CONDITIONS

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This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. 

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of NÉOJAPON’s privacy policy.

License to use website

Unless otherwise stated, NÉOJAPON and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

- republish material from this website (including republication on another website);

- sell, rent or sub-license material from the website;

- show any material from the website in public;

- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

- edit or otherwise modify any material on the website; or

- redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without NÉOJAPON’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without NÉOJAPON express written consent.

User content

In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to NÉOJAPON a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to NÉOJAPON the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or NÉOJAPON or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

NÉOJAPON reserves the right to edit or remove any material submitted to this website, or stored on NÉOJAPON servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. NÉOJAPON makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, NÉOJAPON does not warrant that:

- this website will be constantly available, or available at all; or

- the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

NÉOJAPON will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

- for any indirect, special or consequential loss; or

- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if NÉOJAPON has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NÉOJAPON liability in respect of any:

- death or personal injury caused by NÉOJAPON negligence;

- fraud or fraudulent misrepresentation on the part of NÉOJAPON; or

- matter which it would be illegal or unlawful for NÉOJAPON to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, NÉOJAPON has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against NÉOJAPON officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect NÉOJAPON’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as NÉOJAPON. 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify NÉOJAPON and undertake to keep NÉOJAPON indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NÉOJAPON to a third party in settlement of a claim or dispute on the advice of NÉOJAPON’s legal advisers) incurred or suffered by NÉOJAPON arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to NÉOJAPON’s other rights under these terms and conditions, if you breach these terms and conditions in any way, NÉOJAPON may take such action as NÉOJAPON deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

NÉOJAPON may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

NÉOJAPON may transfer, sub-contract or otherwise deal with NÉOJAPON’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

Right of withdrawal

You have the right to withdraw from this contract within 14 days giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third person other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us at info@neojapon.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Entire agreement

These terms and conditions, together with our Privacy Policy constitute the entire agreement between you and NÉOJAPON in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Japanese law.

Registrations and details

Traction KK                                

Representative: Yumi Momosaki 

Office: Horidomecho 1-6-13, Chuo-ku, Nihonbashi, 153-0012 Tokyo, Japan 

Email: info@neojapon.com