Japan-Smart.com. Web Site Terms, Conditions, and Notices
AGREEMENT BETWEEN CUSTOMER AND Japan-Smart.com.
Welcome to the Japan-Smart.com website (the "Website"). This
Website is provided solely to assist customers in understanding the content
of this service, determining the availability of services, sending the
free estimation request or otherwise transacting business with travel suppliers,
and for no other purposes. The terms "we", "us", "our",
"Japan-Smart.com", refer to Japan-Smart.com. The term "you" refers to the customer visiting the Website
and/or transacting business with us on this Website, or through our customer
service agents.
This Website is offered to you conditioned upon your acceptance without
modification of all the terms, conditions, and notices set forth below
(collectively, the "Agreement"). By accessing or using this Website
in any manner, you agree to be bound by the Agreement. Please read the
Agreement carefully. If you do not accept all of these terms and conditions,
please do not use this Website. Be sure to return to this page periodically
to review the most current version of the Agreement. We reserve the right
at any time, at our sole discretion, to change or otherwise modify the
Agreement without prior notice, and your continued access or use of this
Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are
at least 18 years of age, (ii) you possess the legal authority to create
a binding legal obligation, (iii) you will use this Website in accordance
with this Agreement, (iv) you will only use this Website to make legitimate
reservations for you or for another person for whom you are legally authorized
to act, (v) all information supplied by you on this Website is true, accurate,
current and complete. We retain the right at our sole discretion to deny
access to anyone to this Website and the services we offer, at any time
and for any reason, including, but not limited to, for violation of this
Agreement.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited
to, email sent by us, price and availability of travel services), as well
as the infrastructure used to provide such content and information, is
proprietary to us. While you may make limited copies of your travel itinerary
(and related documents) for travel or services booked by us, you agree
not to otherwise modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell or re-sell any information, software, products, or services obtained
from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation
in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website
using any robot, spider, scraper or other automated means or any manual
process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website
or bypass or circumvent other measures employed to prevent or limit access
to this Website;
(v) take any action that imposes, or may impose, in our discretion, an
unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation,
the purchase path for any travel services) for any purpose without our
express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any
part of this Website into any other website without our prior written authorization.
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PRIVACY POLICY
We understand that making purchases online involves a great deal of trust
on your part. We take this trust very seriously, and make it our highest
priority to ensure the security and confidentiality of the personal information
you provide to us. Please read the following policy to learn about our
privacy practices. By visiting www.Japan-Smart.com, you are accepting the
practices described herein.
What information we collect from you
In General. We receive and store any information you enter on our Web site
or give us in any other way. This includes information that can identify
you ("personal information"), including your first and last name,
telephone number, postal and e-mail addresses. We also may request information
about your traveler preferences. You can choose not to provide information
to us, but in general some information about you is required in order for
you to reserve better hotels for you.
Automatic Information
We automatically collect some information about your computer when you
visit Japan-Smart.com. For example, we will collect your IP address, Web
browser software (such as Netscape Navigator or Internet Explorer), and
referring Web site. We also may collect information about your online activity,
such as trips viewed and purchases made. One of our goals in collecting
this automatic information is to help customize your user experience.
How we use your information
Japan-Smart.com uses information about you for the following general purposes:
to provide you with the products and services you request; to provide you
with travel confirmation and updates; to manage your account, including
processing bills and providing travel notifications; to communicate with
you in general; to respond to your questions and comments; to measure interest
in and improve our products, services, and Web site; to notify you about
special offers and products or services that may be of interest to you;
to otherwise customize your experience with Japan-Smart.com; to reward
you as part of any reward and recognition program you choose to join; to
solicit information from you, including through surveys; to resolve disputes,
collect fees, or troubleshoot problems; to prevent potentially prohibited
or illegal activities; to enforce our Terms of Use; and as otherwise described
to you at the point of collection.
We may share your information
In response to subpoenas, court orders, or other legal process; to establish
or exercise our legal rights; to defend against legal claims; or as otherwise
required by law. In such cases we reserve the right to raise or waive any
legal objection or right available to us.
When we believe it is appropriate to investigate, prevent, or take action
regarding illegal or suspected illegal activities; to protect and defend
the rights, property, or safety of Japan-Smart.com, our customers, or others;
and in connection with our Terms of Service and other agreements.
In connection with a corporate transaction, such as a divestiture, merger,
consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information
about you will be shared with third parties, and you will have an opportunity
to choose not to have us share such information.
External Links
If any part of the Japan-Smart.com Web site links you to other Web sites,
those Web sites do not operate under this Privacy Policy. We recommend
you examine the privacy statements posted on those other Web sites to understand
their procedures for collecting, using, and disclosing personal information.
Changes to this Privacy Policy
Japan-Smart.com may update this Privacy Policy in the future without notification.
How you can contact us
If you have questions about either Privacy Policy (or your travel planning
or purchases), please e-mail us using the Free Estimation Form.
RESERVATION CANCELLATION OR CHANGE
You may cancel or change your prepaid hotel reservation, but you may be
charged the cancellation or change fee indicated in the rules and restrictions
by the hotel reservation. In addition, if you do not cancel or change your
reservation before the cancellation policy period applicable to the hotel
you reserved, which varies by hotel (usually 12 to 72 hours) prior to your
date of arrival), you will be subject to a charge of applicable nightly
rates, tax recovery charges and service fees. In the event you do not show
for the first night of the reservation and plan to check-in for subsequent
nights in your reservation, you must confirm the reservation changes with
the hotel directly, as appropriate, no later than the date of the first
night of the reservation to prevent cancellation of your reservation.
You agree to pay any cancellation or change fees that you incur. In limited
cases, some hotels do not permit changes to or cancellations of reservations
after they are made, as indicated in the rules and restrictions for the
hotel reservation. You agree to abide by the terms and conditions imposed
with respect to your prepaid hotel reservations.
TRAVEL DESTINATIONS
Although the travel is completed without incident, travel to certain destinations
may involve greater risk than others. We urge passengers to review travel
prohibitions, warnings, announcements and advisories issued by Japanese
Government prior to booking travel.
BY OFFERING FOR SALE TRAVEL, Japan-Smart.com DOES NOT REPRESENT OR WARRANT
THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE
FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR,
Japan-Smart.com, DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY
FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION
OF THE HOTEL (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS,
LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH
INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, Japan-Smart.com
EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE
AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT,
WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE
CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT
PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES,
AND THE Japan-Smart.com DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS.
THE Japan-Smart.com MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC
PRODUCTS AND SERVICES. THE Japan-Smart.com MAY MAKE IMPROVEMENTS AND/OR
CHANGES ON THIS WEBSITE AT ANY TIME.
THE Japan-Smart.com MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE
FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES
ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF
SUCH PRODUCTS OR SERVICES BY THE Japan-Smart.com. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE Japan-Smart.com DISCLAIMS ALL WARRANTIES AND
CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE Japan-Smart.com
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE Japan-Smart.com SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES
ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES
OF THE Japan-Smart.com. THE Japan-Smart.com IS NOT LIABLE FOR THE ACTS,
ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE
OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE,
OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE Japan-Smart.com HAS
NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT
CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS,
DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE Japan-Smart.com BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF,
OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS
WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE
(INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON
THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING
OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED
ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
AND EVEN IF THE Japan-Smart.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
If, despite the limitation above, the Japan-Smart.com is found liable for
any loss or damage which arises out of or in any way connected with any
of the occurrences described above, then the Japan-Smart.com will in no
event exceed, in the aggregate, the greater of (a) the transaction fees
assessed for your transactions on this Website, or (b) Ten-Thousands Yen
(JPY10,000).
The limitation of liability reflects the allocation of risk between the
parties. The limitations specified in this section will survive and apply
even if any limited remedy specified in these terms is found to have failed
of its essential purpose. The limitations of liability provided in these
terms inure to the benefit of the Japan-Smart.com.
INDEMNIFICATION
You agree to defend and indemnify the Japan-Smart.com and/or their respective
suppliers and any of their officers, directors, employees and agents from
and against any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal and accounting fees, brought
by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other
than Japan-Smart.com. Such hyperlinks are provided for your reference only.
We do not control such websites and are not responsible for their contents
or the privacy or other practices of such websites. Further, it is up to
you to take precautions to ensure that whatever links you select or software
you download (whether from this Website or other websites) is free of such
items as viruses, worms, trojan horses, defects and other items of a destructive
nature. Our inclusion of hyperlinks to such websites does not imply any
endorsement of the material on such websites or any association with their
operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software")
is the copyrighted work of Japan-Smart.com. Your use of such Software is
governed by the terms of the end user license agreement, if any, which
accompanies, or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the License Agreement terms.
For any Software made available for download on this Website not accompanied
by a License Agreement, we hereby grant to you, the user, a limited, personal,
nontransferable license to use the Software for viewing and otherwise using
this Website in accordance with these terms and conditions and for no other
purpose.
Please note that all Software contained on this Website is protected by
copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited, and may result
in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
GENERAL
You agree that no joint venture, partnership, or employment relationship
exists between you and the Japan-Smart.com as a result of this Agreement
or use of this Website.
Our performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement limits our right to comply
with law enforcement or other governmental or legal requests or requirements
relating to your use of this Website or information provided to or gathered
by us with respect to such use. To the extent allowed by applicable law,
you agree that you will bring any claim or cause of action arising from
or relating to your access or use of this Website within two (2) years
from the date on which such claim or action arose or accrued or such claim
or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes
the entire agreement between you and Japan-Smart.com with respect to this
Website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the customer and
Japan-Smart.com with respect to this Website. A printed version of this
Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
Fictitious names of companies, products, people, characters, and/or data
mentioned on this Website are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.