Terms of Service

OVERVIEW

This website is operated by Off The Track Japan. Throughout the site, the terms “we”, “us” and “our” refer to Off The Track Japan. Off The Track Japan offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 PRODUCTS

(a)By agreeing to our Terms of service, you are agreeing to use our websites and products for their intended use. You agree not to infringe any laws and regulations set forth by the state.

(b)You also agree to pay in full for your goods or services purchased. No goods or services will be delivered to you prior to the payment is delivered to us.

(c)No refunds can be offered on ANY digital products.

(d)refunds on tangible items will be dispatched after return shipping is paid and the product has been re-delivered to us.

(e) if a product is broken on arrival, you are to let us know within 24 hours of delivery and provide photographic evidence of said fault. A replacement product can be delivered or a refund may be given according to the buyers preference.

SECTION 2 CONTENT

(a)We are not responsible if information made available on this site is not accurate, complete or current. We do however strive to make our information as accurate as possible, but due to the mass amount of content available, we cannot allocate enough time to provide round-the-clock fact checking on every detail. Any reliance on the material on this site and products is at your own risk.

(b)This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site

SECTION 3 – SHOP

(a)Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

(b)We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

(c)We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

(d)We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

(a)We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(b)You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

(c) Distribution of our products must be done with written consent from the management of Off The Track Japan. Please contact us if you would like to get in touch with management.

SECTION 5 – PRIVACY

(a) All information collected on our website for either contact or through the shop is protected by our privacy policy. We do no sell any information collected from you and any form of correspondence will be deleted from our database when it is no longer needed for contact or shipping.

SECTION 6 – INVOICES

(a) Invoices will be delivered to any the purchaser of any non-shop product such as our custom travel guides. These must be paid in full prior to completion of work. Invoices are to be paid directly to our PayPal account listed on the invoice.

SECTION 7 – CHANGES TO TERMS OF SERVICE

(a)You can review the most current version of the Terms of Service at any time at this page.

(b)We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 8 – TERMINATION

(a)The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

(b)These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

(c)If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

(a)We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

(b)You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

(c)In no case shall Off The Track Japan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – ENTIRE AGREEMENT

(a)The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

(b)These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 12 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at management@offthetrackjapan.com

 

 

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