Terms and Conditions of Use of JAPAN RAIL CLUB
Article 1: Membership Registration
1. You can register for a membership account on the Website to use the Service. When using the Service, you must use the same email address and password which you used when registering your membership account.
3. Please note the following when registering as a member.
(a) You may not transfer or lend your registered email address and password to a third party, or allow your registered email address and password to be changed by a third party.
(b) You shall be responsible for managing your registered email address and password, and the Company shall not be liable for any damage caused by negligence or unauthorized use.
(c) The Service cannot be used if your credit card number is incorrectly entered. The Company shall not be liable for any damages caused thereby.
(d) The Service is available only to residents of Singapore.
If the agreement of your parent or legal guardian cannot be obtained, you must cease using the Service.
Article 2: Use of the Service and Payment of Fees
1. Pursuant to the Service, the Company shall provide Japanese confectionery gift boxes to you.
2. In using the Service, you shall pay the separately stipulated fees by using the credit card(s) approved by the Company.
3. Please note that if you change your residence to an address located in another country other than Singapore, we will not be able to provide you with the Service.
4. Any amount paid by you to use the Service is final and non-refundable.
Article 3: Taxes
The total amount payable by you shall include the GST in addition to the price of the products.
Article 4: Delivery
1. The Company’s delivery service does not include the cost of forwarding the products to you if you change your delivery address, and any such forwarding fee shall be borne by you.
2. Please note that the Company and the delivery company shall not be liable if your delivery address is incorrect and you cannot receive the products, or if you knowingly refuse to accept the products.
Article 5: Return
Boxes returned by you will be redelivered upon receipt of an additional redelivery fee from you, except in the case of returns of defective products. Any box or other item returned due to an incorrect delivery address will not be eligible for a refund.
Article 6: Discontinuation of the Service
1. The Company shall be entitled to suspend the Service in the event of any of the following:
(a) In the event of maintenance or inspection of the facilities required for the provision of the Service or in the event of a failure or impairment of such facilities.
(b) In the event the Company voluntarily decides to discontinue the Service.
(c) In the event of any other unavoidable circumstances.
2. The Company will notify you via the Website when discontinuing the Service. Provided, however, that this provision shall not apply in the case where there is a need to discontinue the Website immediately or where there are unavoidable circumstances.
Article 7: Product Shortages or Defective Products
1. "Product Shortages" or "Defective Products" refers to the following cases:
(a) Product Shortages – where the box arrived safely and physically intact, but one or more of the products listed on the Website are not included in the box.
(b) Defective Products – where the box arrived safely and all the items listed on the Website were included, but one or more items were already opened or expired.
2. If you experience any Product Shortages or receive any Defective Products, please contact us at the email address below within 7 days of the arrival of the products:
(a) If a substitute is available, a substitute will be shipped to you and no refund will be given. Please attach the following evidences to your inquiry to enable us to resolve the problem quickly: photographs of both sides of the box (applicable to both Product Shortages and Defective Products);
(b) photographs of all products in the box (applicable to both Product Shortages and Defective Products); and
(c) photographs of the relevant products that clearly show the damage in question (applicable to Defective Products).
3. Defective Products shall be checked by us and replaced or refunded only if they are confirmed to be Defective Products. Provided, however, that any defects in the outer packaging materials (the boxes) of the products shall not be covered. If only the outer packaging materials (the boxes) are scratched, the products will not be considered Defective Products.
Article 8: Allergens
The Website provides information on common allergens with regard to the confectioneries offered through the Service. The Company endeavours to provide accurate allergen information, but the listing is not comprehensive and does not guarantee that all products in the Service are allergen-free.
Article 9: Display of the Website
1. The Company strives to ensure that the Website data is complete and reliable.
2. Some information may contain mispricing, typographical errors, or other errors or inaccuracies, which the Company may modify without liability.
3. Product descriptions, images, specifications, and prices are subject to change at any time without notice.
4. The Company reserves the right to limit the amount of products you may purchase and to modify, suspend or terminate events or promotions at any time without notice (including after your order has been submitted and/or confirmed). The Company does not warrant that all the products listed on the Website are available.
Article 10: Intellectual Property Rights and Portrait Rights
1. The copyrights, trademarks, and other intellectual property rights and portrait rights related to the information/design, etc. provided to you by the Company via the Internet shall vest in the Company or other legitimate right holders such as the copyright holders.
2. You shall not use the information provided by the Company in any manner beyond the scope of your own personal use as provided by the applicable copyright law without the prior consent of the relevant right holder.
Article 11: Disclaimer
1. The products handled through the Service are provided on an “as is” basis, unless otherwise specified, without warranties of any kind, either express or implied. The Company disclaims all express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the extent permitted by applicable law.
2. The Company makes no representation or warranty that the functions contained in the Website will not be interrupted, that errors will not occur, that defects will be corrected, or that the Website itself or the servers that make the Website available will not contain viruses or other harmful elements.
3. The Company makes no warranty or representation as to the correctness, accuracy, appropriateness, usefulness, timeliness, or reliability of the use of the Website materials.
4. The Company may restrict you from accessing part or all of the Website for the purpose of revising or maintaining the Service. The Company shall not be liable for any damages incurred by you due to the suspension, termination, or change in content of the Website.
5. The Company makes no warranty of any kind with respect to any websites other than the Service to which you may be directed to from the Website.
Article 12: Notification
The Company may notify you by email, general notices posted on the Website, or any other reliable means.
Article 13: Prohibitions
1. You shall not use the Service for any purpose (including but not limited to resale to a third party) other than your own personal use.
2. You shall not infringe any intellectual property rights, such as copyrights and trademark rights, as well as any portrait rights, privacy or other rights related to the information contained in the services provided by the Website.
3. You shall not engage in any conduct that causes or may cause disadvantage or damage to other customers, third parties, or the Company.
4. You shall not catalogue, download or otherwise reproduce, save or distribute the Website content using spiders, robotics, data mining techniques, or other automated equipment or programs. You shall not use the said automated methods to operate the Website.
5. You shall not illegally access or attempt to obtain protected information about the Website or the Service using any means that the Company does not allow. Any breach of this paragraph may be a criminal offence as specified in the Computer Misuse Act (Chapter 50A) of Singapore.
6. In the event that you fall under any of the following, the Company may suspend your use of the Service provided by the Website or cancel your membership without your prior consent:
(a) if there is unauthorised use of your email address or password;
(b) if there is false information in the contents of the personal information provided by you or the contents of your membership registration;
(c) if the Company is unable to contact you via the email address or telephone number which you provided;
(d) if the Company determines that you are not eligible to be a customer or member;
(e) if you post information that is not true, inaccurate, or that is not your own;
(f) if you do anything that constitutes a crime, gives rise to civil liability, or violates any other law or regulation;
(g) if it is discovered that you are a minor using the Service without the consent of your parent or legal guardian; or
(h) if you commit any other violation of these Terms and Conditions.
Article 14: Your Responsibilities
1. You agree to indemnify, defend and hold the Company, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, liabilities, costs, damages and expenses, including reasonable attorneys' fees, arising out of any breach of these Terms and Conditions by you or any other customer who is accessing the Website using your internet account, or from any activity (including negligence or fraud) relating to your use of the Website.
2. You assume full responsibility and risk for your use of the Website. You are solely responsible for the proper and safe handling, preparation, storage, preparation, use and consumption of the products received from the Company. You shall receive and store all Company products in the recommended manner. In addition, you shall be solely responsible for knowing about any food allergies that you may have, and checking the products and their contents before handling, preparing, using, or consuming such products. You, not the Company, are responsible for the safety requirements and potential allergens of customers who are not registered as members of the Service. The products are not manufactured at an allergen-free site and may be cross-contaminated with other products that are not allergen-free.
Article 15: Amendment of Terms and Conditions
1. The Company may change the contents of these Terms and Conditions without obtaining your prior approval.
2. Any changes to these Terms and Conditions shall be announced on the Website, and you shall be deemed to have approved of the same upon such announcement.
Article 16: Rights of Third Parties
No person or entity who is not a party to these Terms and Conditions shall be entitled to enforce any of the provisions of these Terms and Conditions under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore or similar laws and regulations in other jurisdictions.
Article 17: Outsourcing and Subcontracting of Business
The Company has the right to outsource the performance of the Website or the Service functions to a third party and has the right to appoint service providers, subcontractors or agents on such terms as the Company deems appropriate.
Article 18: Assignment
You may not assign any rights under these Terms and Conditions without the prior written consent of the Company. The Company shall be entitled to assign its rights under these Terms and Conditions to a third party.
Article 19 Governing Law and Jurisdiction
1. These Terms and Conditions shall be governed by the laws of Singapore.
2. Any disputes arising in relation to these Terms and Conditions or the use of the Service or the Website shall be subject to the exclusive jurisdiction of the Singapore courts.