Terms and Conditions of Use

1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Copyright notice

2.1    Copyright (c) 2003 Zencha.net.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Acceptable use

3.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our 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;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of search engine indexing;

(f)     use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

4. Products

4.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

4.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

4.3    Prices stated on our website may be stated incorrectly.

5. Limited warranties

5.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

5.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5.3    To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

6. Limitations and exclusions of liability

6.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

6.2    The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:

(a)    are subject to Section 6.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

6.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

7. Third party websites

7.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

7.2    We have no control over third party websites and their contents, and subject to Section 6.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

8. Entire agreement

8.1    Subject to Section 6.1, these terms and conditions, together with our Privacy Policy and Shipping & Returns, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

9. Law and jurisdiction

9.1    These terms and conditions shall be governed by and construed in accordance with the laws of Japan.

9.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Japan.

10. Our details

10.1  This website is owned and operated by Far East Network Joint Enterprise Cooperative (企業組合ファーイーストネットワーク).

10.2  We are registered in Japan under registration number 4250005002640, and our registered office is at 1192-3 Higashikiwa, Ube, Yamaguchi, 755-0241 Japan.

10.3  Our principal place of business is at 1192-3 Higashikiwa, Ube, Yamaguchi, 755-0241 Japan.

10.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;