By accessing this Site and/or using the Services, you hereby agree:
1. Site and Services
- 1.1The Site is owned and maintained by COUXU Corporation.
- 1.2COUXU operates an online product procurement platform through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of products:
- 1.2.1Access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
- 1.2.2Search engines or tools;
- 1.2.3Blogs, message boards, communication tools;
- 1.2.4Email or message alerts; and
- 1.2.5Any other services, features, content locations that COUXU may offer through the Site from time to time in our sole and absolute discretion.
- 1.3COUXU reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- 2.2You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
- 2.2.1Any Service;
- 2.2.2The Site;
- 2.3Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, including without limitation, through framing, mirroring, linking, spidering, scraping, automated systems or any other technological means without the prior written permission of COUXU.
- 2.4The Site and all Content are the copyrighted work of COUXU or our content or software providers, and COUXU reserves and retains all rights in the Site and Content.
- 2.5You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Site or any Content, except under the specific circumstances expressly permitted by law or COUXU in writing.
- 2.6You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
- 3.1To access certain parts of the Site or Services, you will be required to sign-up for an account with 25Hours Buyers (“Account”) and select a user name (“User Name”) and password (“Password”).
- 3.2You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
- 3.2.1Share or permit others to use your Account or Password; or
- 3.2.2Assign or transfer your Account to any other person or entity.
- 3.3You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. COUXU shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: [email protected].
- 3.4Each delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
- 3.5Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information.
- 3.6Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
- 3.6.1Cancel any orders placed through such Account(s);
- 3.6.2Cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);
- 3.6.3Prohibit such Account(s) or persons from participating in any promotions, contests or surveys of the Site; and/or
- 3.6.4Merge, suspend and/or terminate Account(s).
4.Orders, Pricing & Payments
- 4.1Delivery areas
COUXU uses the services of established courier companies to send products to customers. Please visit the Japan Post EMS website (https://www.post.japanpost.jp/int/ems/country/index_en.html) to check if your country can be delivered to. Alternatively, you may contact us at [email protected] to check on our delivery coverage. COUXU will only process and accept orders within our delivery coverage.
- 4.2.2All orders made by you are subject to stock availability. COUXU reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.
- 4.3Product Information, Pricing and Payment
- 4.3.1COUXU endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete. You agree that COUXU shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services.
- 4.3.2If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- 4.3.3If the actual price of any item ordered by you is lower than that reflected on the Site or through our Services, we will inform you and charge you based on the actual price.
- 4.3.4Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
(i) In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
(ii) In the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
(iii) All product prices are shown in Japanese Yen and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
- 4.3.5Payment for all orders shall be made in Japanese Yen.
- 4.3.6We accept payment for orders by cards accepted by PayPal. These include Visa, MasterCard, American Express, Discover, JCB, Diner’s Club and EnRoute. Kindly note that the credit/debit cards and payment methods accepted by PayPal are subject to change.
- 4.3.7By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
5.Promotions and other privileges and programmes
- 5.2Promotions, contests, privileges and programmes are only valid for the time period specified by COUXU.
- 5.3COUXU reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Site.
- 5.4Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.
- 5.5Where you are permitted to return any product to COUXU for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.
- 5.6COUXU’s decision on all matters relating to promotions, discounts, and other privileges is final and binding.
- 5.7COUXU reserves the right to discontinue any promotion, discount, contest, privileges or programme at any time without notice or liability.
- 6.1COUXU does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries. You agree that COUXU shall not be liable for any deliveries made outside the delivery time frame.
- 6.2Please notify COUXU immediately of any change to your delivery address or contact number. Any changes in the delivery address after the submission of your order may incur an administrative charge.
- 6.3You have three (3) business days after ordering to cancel an order. If an order is cancelled after those three (3) business days, COUXU reserves the right to reschedule or cancel the delivery. If payment has been received then we can refund the money, except PayPal’s transaction charges.
- 6.4If there are any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at [email protected]. COUXU at its sole discretion, will offer a replacement of the damaged or incorrect product(s).
- 7.1The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, and all Content shall vest in and remain with COUXU and its licensors.
- 7.2The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of COUXU and other third parties, and all rights to the Marks are expressly reserved by COUXU and relevant third parties. You are not permitted to use the name of COUXU or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of COUXU or such third party.
- 7.3The domain name on which the Site is hosted on is the sole property of COUXU and you may not use or otherwise adopt a similar name for your own use.
8.Comments, Feedback and Other Information
- 8.1You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. COUXU reserves the right (but not the obligation) to review, remove or edit such content.
- 8.2You hereby grant COUXU a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site , for any purpose as COUXU may require at its sole discretion. You further agree that COUXU may use and publish your name in connection with such Comments.
9.Disclaimers & Limitations
- 9.1While we make every effort to ensure that the Site, Services and all Content is accurate and complete, we provide the Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, COUXU disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, COUXU does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components, or that the use of any Content in or with any device will not affect the functionality or performance of the device. COUXU does not warrant or make any representations regarding the use or the results of the use of the Content, the Services or the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.
- 9.2You agree that:
- 9.2.1COUXU shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
- 9.2.2Access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, COUXU shall not be liable for any loss, liability or damage which may be incurred as a result.
- 9.3In no event shall COUXU be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, Content or any other website or device.
- 9.4In no event shall COUXU be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if COUXU or a COUXU authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- 9.5You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by COUXU at either reasonable costs or no costs to you.
- 10.1COUXU may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites”) that may be of relevance and interest to users. COUXU has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. COUXU does not endorse, recommend or guarantee any of the Linked Sites, and COUXU expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
11.Security & Privacy
12.Suspension & Termination
- 12.1You agree that COUXU has the right in its sole and absolute discretion and without notice or liability to:
- 12.1.1Restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or
- 12.1.2Terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
13.Notification of Infringement
- 13.1COUXU reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify COUXU in writing.
- 13.2All Infringement Notices shall be sent to COUXU addressed as follows:
Kanda Miyoshi Building
31-1 Kandahigashimatsushitacho Chiyoda-ku Tokyo Japan 101-0042
Email address: [email protected]
- 13.3COUXU will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against COUXU in respect of any Infringing Material, unless you have first given COUXU the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter COUXU refuses or fails to remove the Infringing Material within a reasonable time. Where COUXU removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against COUXU under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by COUXU.
- 13.4You acknowledge and agree that COUXU has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
- 14.1The Site and Services are meant for use by individuals of all nationalities. COUXU makes no representation that the Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- 15.1You agree to indemnify and hold COUXU, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- 15.1.1Any use of the Site or any Service;
- 15.1.2Your connection to the Site;
- 15.1.4Your violation of any rights of another person or entity; or
- 15.1.5Your breach of any statutory requirement, duty or law.
17.Relationship of Parties
- 18.1No waiver of any rights or remedies by COUXU shall be effective unless made in writing and signed by an authorised representative of COUXU.
20.Governing Law & Jurisdiction
- 20.1These Terms and Conditions shall be governed by the laws of Japan, without regard to its conflict of law principles that would result in application of any other law. All controversies and disputes arising out of or relating to this Terms and Conditions shall be submitted to the Tokyo District Court as the Court of first instance.
- 20.2You hereby agree to submit to the non-exclusive jurisdiction of the Tokyo District Court.