Terms and Conditions

Last Updated: May 1, 2024

Please read these terms and conditions carefully before using the website operated by ZenTouch Japan.

1. Introduction

These Terms and Conditions govern your use of the website zentouchjapan.com (the "Website") and your relationship with ZenTouch Japan ("we", "us" or "our"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the Website.

2. About Us

The Website is operated by ZenTouch Japan, registered in Japan with company registration number 72299446. Our registered office is at 2 Chome-9 Oisecho, Nakagawa Ward, Nagoya, Aichi 454-0026, Японія.

3. Use of the Website

3.1 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

3.3 You may use the Website only for lawful purposes. You may not use the Website:

• In any way that breaches any applicable local, national or international law or regulation
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam)
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

4. Intellectual Property Rights

4.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website.

4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

4.5 You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors.

4.6 If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Content Standards

These content standards apply to any and all material which you contribute to the Website ("Contributions"), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts)
• Be genuinely held (where they state opinions)
• Comply with applicable law in Japan and in any country from which they are posted

Contributions must not:

• Contain any material which is defamatory of any person
• Contain any material which is obscene, offensive, hateful or inflammatory
• Promote sexually explicit material
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Infringe any copyright, database right or trade mark of any other person
• Be likely to deceive any person
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Promote any illegal activity
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
• Be likely to harass, upset, embarrass, alarm or annoy any other person
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• Give the impression that they emanate from us, if this is not the case
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

6. Suspension and Termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate, including:

• Immediate, temporary or permanent withdrawal of your right to use the Website
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website
• Issue of a warning to you
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
• Further legal action against you
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary

We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

7. Our Liability

7.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time;
• and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8. Information About You and Your Visits to the Website

We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

9. Linking to the Website

9.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.2 You must not establish a link from any website that is not owned by you.

9.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

9.4 If you wish to make any use of material on the Website other than that set out above, please address your request to info@fivfall.com.

10. Links From the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Jurisdiction and Applicable Law

11.1 The Japanese courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

11.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Japan.

12. Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Website.

13. Your Concerns

If you have any concerns about material which appears on the Website, please contact info@fivfall.com.