Ohakoya Corporation is the operator and host of the Wa no Wa website (the Site). This document sets forth the terms and conditions (Terms and Conditions) governing the use of the Site and its services (collectively the"Services") by its users ("User" or "Users").
Your use of the Services indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Services.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS OUR OTHER POLICIES BEFORE USING OUR SERVICE.
Scope of Terms and Conditions
The Terms and Conditions apply to Users through use of the Services.
Changes to Terms and Conditions
The Terms and Conditions are subject to change at any time by Ohakoya Corporation. It is your obligation to review the Terms and Conditions from time to time. Any changes to the Terms and Conditions will be effective immediately upon posting to the Site.
Intellectual Property Rights
All contents available on the Site, including but not limited to all text, graphics, design, programming, sound, names, logos, and any other information, are the sole property of Ohakoya Corporation or its respective owners and protected by intellectual property rights and international treaties. Ohakoya Corporation authorizes Users to download a single copy of the content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the content or use it in any other way for public or commercial purpose.
Copyright and Trademark
All trademarks and service marks displayed on the Site are pending or registered trademarks of Wa no Wa or their respective owners or licensors. Any use such as reproduction, modification, distribution, circulation or republication, or other commercial exploitation of any kind of these trademarks and service marks without prior written permission of the owner is strictly prohibited.
Disclaimer of Warranties & Liability Limitations
(1) Conduct of Users
We assume no responsibility for the activities or conduct of Users.
(2) Third Party Information
The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Wa no Wa on behalf of any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from the Site. Access to third party websites from the Site is done at your own risk. We do not warranty any products purchased through the Site or purchased in reliance on information obtained from the Site. Warranties on purchased products, if any, are provided by the product's manufacturer.
(3) Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.
(4) DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
Temporary Suspension of the Services
We reserve the right to suspend part or all of the Services without prior notification to Users in events applicable to the following conditions.
(1) During our regular and irregular system maintenances.
(2) In case of system failure due to fire, power stoppage, or/and sabotage by third party.
(3) Notwithstanding the above, Wa no Wa may suspend the Services at any time in its sole discretion.
In no event shall Wa no Wa be liable for lost profits, loss of business or other direct, indirect, punitive, incidental, consequential or similar damages incurred due to the suspension of the Services.
Changes and Termination of the Services
We reserve the right to change or terminate part or all of the Services without prior notification to Users.
Timing of Order Coming into Effect
Placing an order with Wa no Wa shall be considered your request for a purchase agreement. A purchase agreement between User and Wa no Wa shall come into effect at the time when User receives an e-mail, "Notice of Order Status" transmitted by Wa no Wa. Receipt of "Automatic Reply for Order", which is transmitted automatically before "Notice of Order Status" by our server shall not endorse conclusion of a purchase agreement between User and Wa no Wa.
Privacy and Other Terms
The Terms and Conditions are governed by the substantive laws of Japan.
Jurisdiction for any claims or controversy arising in any way out of the use or operation of the Site and the Services shall lie exclusively with the Tokyo District Court in Tokyo, Japan.
These Terms and Conditions are effective as of October 1st, 2005