Terms and Conditions
he owner of this Website. Your agreement to
comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 24 of these Terms and
Conditions is deemed to occur upon your first use of the Website. Clauses 3 and
12 – 14 apply only to the sale of Services. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
2. Age Restrictions
3. Business Customers
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Japan Plant Factory Association, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable country and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material.
6. Fair Use of Intellectual Property
7. Links to Other Websites
8. Links to this Website
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Japan Plant Factory Association or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Japan Plant Factory Association reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Japan Plant Factory Association may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
11.1 Either Japan Plant Factory Association or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services and Pricing
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Japan Plant Factory Association correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
13. Orders and Provision of Services
- 13.1 Your order is confirmed by entering your credit card information and clicking the "Buy" button, and your credit card payment will be processed immediately. Data of the services you have ordered will be in your account upon completion of settlement for your use.
- 13.2 Japan Plant Factory Association shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.3 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made as soon as We can.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.4 Japan Plant Factory Association provides technical support via our online support forum. Japan Plant Factory Association makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Personal Information Protection Law of Japan and your rights under that Law.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Japan Plant Factory Association uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts .
- 20.3 Nothing in these Terms and Conditions excludes or restricts Japan Plant Factory Association's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
22. Third Party Rights
- 23.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected].
- 23.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services.