Terms and Conditions

MARKETPLACE TERMS OF USE FOR SHOPPERS.

This agreement governs your use of the NewJapanDeals platform, accessible at https://www.nejapandeals.com

(a) The Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
 
(i) has not been suspended or prohibited from using the Platform; and
(ii) are either:
(A) over the age of 18 years and accessing the Platform for personal use; or
(B) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
 
(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform. 
 
(c) You acknowledge and agree that some items sold through the Platform, including but not limited to, knives or lighter, may only be available to users over the age of 18. 
 
(d) If you use the Platform on behalf of a company or organization you warrant that you have the necessary authority from that company or organization to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organization, government, or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorized to do so. 
 
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register, and receive an account through the Platform (an Account).
 
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
 
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct, and up-to-date.
 
(d) You may register for an Account using your Google+, Facebook, or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorize us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
 
(e) Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
 
(f) Once you complete the Account registration process, we may, at our absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
 
(g) We reserve the right to contact you about any concerning behavior by you or to seek a resolution with you.
 
(h) We may, at our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

As a User, you agree:

 

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content, or harassment;

 

(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorized use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

 

(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:

 

(i) you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities, or purposes); and

(ii) you must not use the Platform in connection with any commercial or money-making or other promotional or marketing endeavors except those that are endorsed herein, or as approved in writing by us; 

 

(d) not to act in any way that may harm the reputation of NewJapanDeals or associated or interested parties or do anything at all contrary to the interests of NewJapanDeals or the Platform; 

 

(e) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without our express wrote consent; 

 

(f) that NewJapanDeals may change any features of the Platform, or the Services or Goods offered through the Platform at any time without notice to you;

 

(g) that information given to you through the Platform, by  NewJapanDeals or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

 

(h) that we may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3. 

1. WARRANTY

 

By providing or posting any information, materials, or other content on the Platform (Posted Material), you represent and warrant that:

 

(a) you are authorized to provide the Posted Material (including by being authorized to provide any services that you represent you provide);

 

(b) the Posted Material is accurate and true at the time it is provided;

 

(c) any Posted Material which is in the form of a review or feedback is honest, accurate, and presents a fair view of the relevant person and/or your experience;

 

(d) the Posted Material is free from any harmful, discriminatory, defamatory, or maliciously false implications and does not contain any offensive or explicit material;

 

(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 

 

(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

 

(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

 

(h) the Posted Material does not breach or infringe any applicable laws.

 

2 LICENCE

 

(a) You grant to us a perpetual, irrevocable, transferable, worldwide and royalty-free license (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.

 

(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.

 

(c) You indemnify us against all damages, losses, costs, and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

 

3 REMOVAL

 

(a) We act as a passive conduit for the online distribution of Posted Material and have no obligation to screen Posted Material in advance of it being posted. However, we may, at our absolute discretion, review and remove any Posted Material (including links to you, your profile, or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

 

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

 

We will have no liability or obligation to you if:

 

(a) a product cancels at any time after the time; or 

 

(b) for whatever reason, including technical faults, the Goods cannot be provided,

and you will not be entitled to any compensation from us.

(a) We use third-party online payment partners, including Stripe, PayPal, 

 

(b) The processing of payments by the Online Payment Partners will be, in addition to this agreement, subject to the terms, conditions, and privacy policies of the applicable Online Payment Partners. 

 

(c) You agree to release us and our employees and agents in respect of all liability for loss, damage, or injury which may be suffered by any person arising from any act or omission of an Online Payment Partner, including any issue with security or performance of an Online Payment Partner’s platform or any error or mistake in processing your payment.

 

(d) We reserve the right to correct, or to instruct our Online Payment Partners to correct, any errors or mistakes in collecting your payment. 

The platforms are made available to you strictly on an ‘as-is basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

(a) the Platform will be free from errors or defects;

 

(b) the Platform will be accessible at all times;

 

(c) messages sent through the Platform will be delivered promptly, or delivered at all;

 

(d) information you receive or supply through the Platform will be secure or confidential; or

 

(e) any information provided through the Platform is accurate or true.

(a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

 

(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from us or as permitted by law.

 

(c) In this clause 8, “Intellectual Property Rights” means all copyright, trademark, design, patent, semiconductor, and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Japan and throughout the world.

The Platform may contain text, images, data, and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third-Party Content and make no representation, warranty, or guarantee about the quality, suitability, accuracy, reliability, currency, or completeness of Third Party Content.

(a) Any Service that requires us to acquire goods and services supplied by a third party on behalf of the Shopper (including an Online Payment Partner) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

 

(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing us to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

We do not accept responsibility for loss or damage to computer systems, mobile phones, or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference.

You agree that:

 

(a) no information owned by us, including system operations, documents, marketing strategies, staff information, and client information, may be disclosed or made available to any third parties; and

 

(b) all communications involving the details of other users on these platforms are confidential, must be kept as such by you, and must not be distributed nor disclosed to any third party.

You agree to be bound by the clauses outlined in our Privacy Policy.

(a) We reserve the right to terminate a User’s access to any or all of the Platform (including any Account, or other memberships) at any time without notice, for any reason.

 

(b) In the event that a User’s Account, access, is terminated:

 

(i) the User’s access to all posting, commenting, and buying tools on the Platform will be revoked;