TERMS & CONDITIONS

The OYATSU COMPANY, Ltd. Website Terms of Use

Last Updated: 2023-04-11

  1. About these Terms of Use.

    1. Welcome to the website of the OYATSU COMPANY, Ltd. ("we" or "us"). The following terms ("terms of use") govern your access to and use as a guest of [https//www.oyatsu.com], including any content and functionality offered on or through such website ("our website"). Our website may contain links to third party websites (“external websites”) and you should read their applicable terms of use. If you decide to access linked external websites, you do so entirely at your own risk and subject to the terms and conditions of use for each respective external website.
    2. Please read these terms of use carefully before you use our website. By using our website you accept and agree to be bound by these terms of use, as well as any changes that we may make to them in accordance with Section 2 below titled "Changes to Our Terms of Use and Our Website." If you do not agree with these terms of use, you should not use our website.
    3. By using our website you also agree to the terms in our privacy policy, found at [/privacy-policy] (the “privacy policy”), which explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information and the options you have regarding collection and disclosure of your information. You should review this privacy policy.

  2. Changes to Our Terms of Use and Our Website.

    1. We may update these terms of use from time to time. All changes are effective as soon as we post them. As soon as these changes are posted, they apply to all access to and use of our website. You can see when these terms of use were last updated by looking at the date of the last change at the top of these terms of use. Any such changes to these terms of use will not apply to any disputes when, on or prior to the date the change is posted on our website, the parties involved in the dispute know or have been notified that the dispute exists.
    2. Your continued use of our website following the posting of revised terms of use means that you agree to any changes. Therefore, to be aware of any changes we may make, you should check this page from time to time.
    3. We may also withdraw our website or change the content on our website at any time, in our sole discretion and without notice. Further, we are not liable to you for any withdrawal or changes we make to our website, including if all or any part of our website is unavailable at any time or for any period. Be aware that the content on our website is not necessarily complete or up-to-date.
    4. No other changes to these terms of use will be valid unless agreed to in writing between both you and us or our authorized representatives.

  3. Information About Our Products.

    1. Our products may be viewed on our website, and therefore you acknowledge and agree that on our website:

      • a)The colors of products as shown will depend on many factors, including your display settings and the device you are using to view our website;
      • b)The actual sizes and shapes of the goods may differ from how they appear on your screen; and
      • c)Pictures and images on our website are for illustration purposes only.
    2. We reserve the right to adjust products any time at our discretion.
    3. Nothing on our website shall be interpreted as any representation or warranty with respect to any products shown on our website, including their availability. No transactions with respect to any products shown on our website will take place via our website. These terms do not govern any transactions with respect to our products. Any transactions with respect to our products will be governed by the terms and conditions made available on the third party platform on which such transactions take place.

  4. Information Posted on Our Website.

    1. The information presented on or through our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on the information available on our website is strictly at your own risk. We are not liable or responsible for any reliance placed on our website's contents by you, by any other visitor to our website or by anyone who may be informed of any of its contents.
    2. We reserve the right to remove any content, links, resources or software provided on our website at any time, and for any reason.

  5. How You May Use The Content on Our Website.

    1. You may use our website only for personal, non-commercial purposes.
    2. Regardless of how you use our website, we own all intellectual property rights in our website, including to our website's contents, features and functionality (including products, information, software, text, displays, images, video and audio, and the design, selection and arrangement of those items). The only exception to this rule is if we expressly grant you any such rights in these terms of use.

    3. Our website and any content on our website are protected by copyright and other intellectual property rights. You agree not to violate our copyrights or other intellectual property rights, including by reproducing, distributing, republishing, downloading, storing or transmitting any of the material on our website. You also agree not to:

      • a)Modify copies of any materials from our website
      • b)Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
      • c)Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our website.
      • d)Access or use any part of our website or any services or materials available through our website for any commercial purposes.
    4. The OYATSU COMPANY Ltd. name, logo and all related names, logos, product and service names, designs and slogans are our trademarks, or the trademarks of or our licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our website are the trademarks of their respective owners.
    5. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  6. Prohibited Uses of Our Website.

    1. You also agree not to use our website:

      • a)In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • b)For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
      • c)To send, knowingly receive, download, use or re-use any material that does not comply with the "Your Content" set out in Section 8 of these terms of use.
      • d)To transmit, or cause the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation.
      • d)To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our website, or which, as determined by us, may harm us or users of our website or expose them to liability.

  7. Linking to Our Website and Social Media Features.

    1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

    3. Additionally, you may not:

      • a)Establish a link from any website that is not owned by you.
      • b)Cause our website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking on any other site.
      • c)Link to any part of our website other than the homepage.
      • d)Otherwise take any action with respect to the materials on our website that is inconsistent with any other provision of these terms of use.

    4. Our website may provide certain social media features that enable you to:

      • a)Link from your own or certain third-party websites to certain content on our website.
      • b)Send e-mails or other communications with certain content, or links to certain content, on our website.
      • c)Cause limited portions of content on our website to be displayed or appear to be displayed on your own or certain third-party websites.
    5. You may use the features described in Section 7.4 above only as they are provided by us, including with respect to any content displayed with such social media features.
    6. Your use of our social media features must also be in accordance with any additional terms and conditions we provide with respect to such features.
    7. The website on which you make certain content accessible, must comply in all respects with the "Your Content" set out in Section 8 of these terms of use.
    8. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
    9. We may disable all or any social media features and any links at any time without notice.

  8. Your Content.

    1. In the event our website allows you to post content on the website, you must ensure that such content does not:

      • a)Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
      • b)Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      • c)Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
      • d)Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms of use and our privacy policy.
      • e)Be likely to deceive any person.
      • f)Promote any illegal activity, or advocate, promote or assist any unlawful act.

  9. Safety on Our Website.

    1. We do our best to keep our website safe, but we cannot guarantee it. To help keep our website safe, you have certain responsibilities and must agree not to:

      • a)Use our website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party's use of our website, including their ability to engage in real time activities through our website.
      • b)Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website.
      • c)Use any manual process to monitor or copy any of the material on our website or for any other unauthorized purpose without our prior written consent.
      • d)Use any device, software or routine that interferes with the proper working of our website.
      • e)Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      • f)Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website.
      • g)Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
      • h)Otherwise attempt to interfere with the proper working of our website.

  10. Geographic Restrictions.

    1. The operator of our website is based in the United States.1 We make no claims that our website or any of its content is accessible or appropriate outside of the United States.
    2. Access to our website may not be legal by certain persons or in certain countries. If you access our website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  11. Disclaimer of Warranties and Limitation of Our Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OYATSU COMPANY, LTD., AND ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, “THE OYATSU COMPANY PARTIES”) MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE CONTENT ON OUR WEBSITE OR OUR WEBSITE, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE OYATSU COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY USE OBTAINED FROM THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICE OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. OUR WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS, OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR WEBSITE AT ANY TIME WITHOUT NOTICE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM WILL THE OYATSU COMPANY PARTIES BE LIABLE TO YOU FOR ANY AMOUNT WHATSOEVER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, CLAIMS OR DAMAGES RESULTING FROM LOST DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE, ANY LINKED EXTERNAL WEBSITES, ANY CONTENT ON OUR WEBSITE OR ON LINKED EXTERNAL WEBSITES, ANY SERVICES OR ITEMS OBTAINED OR ACCESSED THROUGH SUCH EXTERNAL WEBSITES, ANY BREACH OF THESE TERMS, ANY ACT OR OMISSION BY US OR OUR PERSONNEL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. TO THE EXTENT THE OYATSU COMPANY PARTIES’ LIABILITY IS NOT ALREADY EXCLUDED IN THESE TERMS, IN NO EVENT WILL THE OYATSU COMPANY PARTIES’ LIABILITY TO YOU, FROM ANY CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY IN CONNECTION WITH OR ARISING FROM OUR WEBSITE EXCEED ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE.

  12. Governing Law and Jurisdiction.

    1. All matters relating to our website and these terms of use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
    2. Any legal suit, action or proceeding arising out of, or related to, these terms of use or our website will be instituted exclusively in the U.S. District Court for the Southern District of New York or in state court in New York, New York. However, we retain the right to bring any suit, action or proceeding against you for breach of these terms of use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  13. Waiver and Severability.

    1. No waiver of by us of any term in these terms of use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term, and any delay by or failure of us to assert a right, remedy or provision under these terms of use will not constitute a waiver of such right, remedy or provision.
    2. If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.

  14. Entire Agreement. These terms of use and our privacy policy constitute the sole and entire agreement between you and us with respect to our website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

  15. Privacy. Personal information, such as your contact details, that we collect in connection with our website will be used and processed by us in accordance with our privacy policy.

  16. Your Comments and Concerns. This website is operated by the OYATSU COMPANY, Ltd. All other feedback, comments, requests for technical support and other communications relating to our website should be directed to: consumer_support@oyatsu.co.jp.

Thank you for visiting our website.