Term of Service
1.TERMS AND CONDITIONS
Welcome to Japan Village, New Zealand’s own Japanese cultural website where people (both New Zealand and Japanese) can meet and exchange ideas. These terms and conditions are designed to help keep Japan Village a safe community free of any type of abuse.
1.1 Acceptance of terms and conditions: The terms and conditions are those on which Japan Village offers you access to the services and the website. By entering Japan Village you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Japan Village from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 2 February 2011.
‘User Service(s)’ means a trade or business service that has been advertised by a Japan Village user in the Services Category;
‘Services’ means any one or more of the services offered by Japan Village Limited from time to time, including online auctions, classifieds, message boards, sms alerts and any other service that Japan Village may offer;
‘you’ and ‘your’ are a reference to you;
‘Website’ means any Japan Village website through which the services are offered;
2.1 The services: Japan Village provides a venue for people to interact by way of advertisements / services offered / products offered / socials events / discussion forums / etc. Japan Village does not take any part in the arrangements made by people using the Website other than by providing our Website as a venue.
2.2 At your own risk: Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that Japan Village takes no responsibility or liability for any misconduct of any of its users including, without limitation, users that attempt to defraud you. Japan Village gives no undertakings, representations, or warranties in relation to services / products / listed on the Website, or User Services advertised or offered through the Services Category including:
a. about ownership of any item;
b. as to the content, safety, description, worthiness, quality, or legality of the items / services / products that are listed on the Website;
c. as to the accuracy or truth of listings;
d. that any item, or User Service listed in the Services Category, will meet your requirements or expectations; or
e. about the ability of users to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
a. your use of the Services is at your sole risk. The Website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 2.2, Japan Village disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. where User Services are offered in the Services Category, Japan Village disclaims and excludes liability for any guarantees that a User Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a User Service;
c. Japan Village does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
d. no advice or information that is obtained by you from Japan Village or anyone else shall create any warranty by Japan Village that is not expressly stated in the terms and conditions; and
e. responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Japan Village’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
f. Japan Village is in no way involved in any transactions itself, and responsibility for such rests with the user.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Japan Village to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another User’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Japan Village’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Japan Village’s message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.5 Breach: Without limiting any other rights and remedies available to Japan Village, Japan Village may limit your activities on the Website, warn other users of your actions, issue a warning to you, or refuse to provide our Services to you if you breach these terms and conditions or where Japan Village considers it appropriate.
3.BECOMING A USER
3.1 Becoming a User: Becoming a user is free.
3.2 Termination: Japan Village reserves the right to decline to register or to terminate your useage without entering into further discussions with you. Without limiting the foregoing, Japan Village may terminate your useage if a serious complaint or multiple complaints are received about you from other users, if you breach these terms and conditions, if you impersonate another user, or if we, at our sole discretion, deem your behaviour to be unacceptable.
a.All listings or communications made through Japan Village shall be made in good faith.
b.You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
c.You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
4.2 Your obligations as a seller
a.You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item.
b.You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(b). You agree that Japan Village may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(b) at any time.
c.You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid, surf-for-free, or similar schemes.
d.Listings are not pre-screened for content. Japan Village reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
5.1 System Integrity: Japan Village will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Japan Village takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Japan Village assumes no responsibility for the corruption of any data or information held by Japan Village.
5.2 Resolution of disputes: As Japan Village is not a party to any sale or transaction between you and another user, you agree not to involve, or attempt to involve, Japan Village in any dispute or in the resolution of disputes that arise between you and another user as a result of the Services provided, other than as provided in clause 4.3 i (i).
5.3 Japan Village Message Boards: Japan Village provides Message Boards for the use of Japan Village users. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Japan Village is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
5.4 Force Majeure: Without prejudice to clause 2.3(a), Japan Village has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Japan Village to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Japan Village.
5.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
5.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
5.8 Intellectual Property Rights: Japan Village (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
a.You may not without our prior written permission, in any form or by any means:
i.Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
ii.Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
5.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.