TERMS OF USE

Effective Date: February 1, 2024
This Website (“Website”) is owned and edited by NIWAKA Corporation (“NIWAKA”), a corporation located in Kyoto, Japan, and organized under the laws of Japan.

1. USE OF THE WEBSITE: The use of the Website is subject to the present Terms of Use (“Terms”). NIWAKA may revise these Terms. Please consult the Terms regularly.; Please read these Terms carefully before using the Website. By using the Website, you expressly acknowledge that you have read and understood the Terms. If you do not agree to these Terms, you are not authorized to use this Website.

2. USE OF MATERIALS ON THIS WEBSITE: All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, hereinafter referred to as “Content”) is the exclusive property of and owned by NIWAKA and is protected by copyright, trademark and other applicable laws. You may access and view the Content for purposes of gaining information about our products; however, you may not use the Content in any manner that conflicts with or violates NIWAKA’s copyright, trademark or other rights with respect to the Content.

3. NO WARRANTIES: NIWAKA makes no warranties, express or implied, including but not limited to the implied warranty of fitness for a particular purpose, with respect to any of the products appearing on the Website. In particular, NIWAKA makes no warranty that the photographs appearing on the Website accurately depict any actual item. Although we have endeavored to provide photographs and other information that accurately describe our products, variations between photographs and actual items can occur, and therefore we cannot guarantee that the actual items will be exactly as they appear on the Website.

4. LIMITATION OF LIABILITY: Under no circumstances whatsoever shall NIWAKA, or its subsidiaries or affiliates, be liable for any loss or damages of any kind (including, without limitation, any economic, exemplary, special, punitive, incidental or consequential loss or damages) that are directly or indirectly related to (a) the Website, (b) the Content or (c) any damage to any user’s computer, mobile device, or other equipment or technology of any kind, even if foreseeable or even if NIWAKA, or its subsidiaries or affiliates, has been advised or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or other tort.

5. OFFSET: You agree that in the case you have any monetary claim against NIWAKA, NIWAKA shall be entitled to set off such claim against any monetary claim NIWAKA may have against you with the corresponding amount and that NIWAKA may do so at any time, regardless of whether or not NIWAKA’s claim is due. In addition, you agree that you shall not be entitled to set off your monetary claim against NIWAKA’s claim.

6. PRIVACY PROTECTION: NIWAKA’s Privacy Statement explains how your personal information is treated when you use this Website. You agree that NIWAKA is permitted to use such information in accordance with its Privacy Statement. You further agree, as set forth in the Privacy Statement, that NIWAKA is permitted to provide your personal information to NIWAKA’s associated companies with respect to your use of this Website or for purposes of corresponding with you.

7. TRADEMARK NOTICE: In general, all trademarks, logos and service marks that appear on this Website are registered, unregistered or otherwise protected NIWAKA trademarks. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without prior written permission from NIWAKA or the respective third party that owns the trademark. Misuse of any trademark displayed on the Website or any other content on the Website, except as provided herein, is strictly prohibited.

9. GENERAL PROVISIONS: Any cause of action you may have with respect to these Terms must be commenced within one year after the claim or cause of action arises.; Neither the course of conduct between the parties nor trade practice will act to modify the Terms.; The Terms do not confer any third-party beneficiary rights.; Unless otherwise expressly stipulated, nothing on the Website constitutes any offer or invitation to conduct business in any jurisdiction other than Japan, and any implied offers are expressly disclaimed.

10. APPLICABLE LAW, JURISDICTION AND SEVERABILITY: The Terms shall be governed by and construed in accordance with the laws of Japan, without reference to its conflicts of law provisions. Any dispute, controversy or claim in relation to the Terms, including the validity, invalidity, breach or termination thereof, shall be adjudicated in the District Court of Tokyo, Japan.; The waiver by NIWAKA of a breach of any provision of these Terms shall not be interpreted as a waiver of any subsequent breach or any other breach.; For any action at law or in equity relating in any way to this Website or to these Terms, you agree to resolve any dispute you have with NIWAKA and/or its subsidiaries and/or affiliates exclusively in the District Court of Tokyo, Japan, and to submit to the personal jurisdiction of that court for the purpose of litigating all such disputes. If any provision of the Terms is held to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. NIWAKA’s failure to insist on or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. ENTIRE AGREEMENT: These Terms constitute the entire agreement between you and NIWAKA with respect to your use of the Website, superseding any prior agreements between you and NIWAKA.

12. CONTACT: If you have questions or concerns regarding these Terms, including those related to your rights and/or obligations as set out herein, please message us using the “Contact Us” page.