These terms and conditions apply to Online Services provided by Sake Business Laboratory, Inc., its registered office locates at 6-1-16, Zushi, Zushi-shi, Kanagawa-ken 249-0006 Japan (“we” or “us”).
You may contact us from this form.
These terms and conditions are in addition to the Website Disclaimer and apply to our Online Services. Please read these terms and conditions carefully before signing contract with us and print off a copy for your records.
If there is any conflict between our Website Disclaimer and these terms then the conflict shall be resolved by applying the following order of priority:
- Specific Terms and Conditions if any;
- These Standard Terms for Online Services;
- Website Disclaimer.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, SAKE Information provided by Sake Business Laboratory, Inc. , but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“SAKE Information” means the business information regarding Japanese SAKE business provided by Sake Business Laboratory, Inc. as part of Online Services.
“Fees” means the fees paid by you to us for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Services” means the delivery by us on an online basis pursuant to which you obtain SAKE Information remotely.
“Services” means the provision of the Online Services with such other services as agreed from time to time and purchased by you.
“Website” means www.sakebizlab.com and SNS group operated by us.
“you” means the corporation, organization or individual purchasing the Services.
2. The Services
2.1. Contents of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill as set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, business opportunity or any particular purpose from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. We reserve the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above, then you are permitted within 7working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Service and have already accessed, downloaded all or part of the Online Service and/or started to use that Online Service then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of us.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some materials and any delivery costs of material if any.
5.3. Fees for the Service selected by you on the Website shall be debited from your credit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Service.
5.4. Any fees charged by your credit card provider in connection with your purchase of Services are for your own account and we shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your access onto any Online Service.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. We shall not accept any liability for (i) any inaccuracy or misleading information provided regarding the Online Services, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Our total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Services in relation to which a dispute has arisen.
6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights regarding the Sake Information and Online Services remain the intellectual property of us or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the SAKE Information without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Services given；
(iii) remove any copyright or other notice of us on SAKE Information or Online Services;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Services.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Services.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the SAKE Information in respect of the Online Services for the sole purpose of enhancing your business.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
a. fail to pay when due your Fees;
b. intentionally or by gross negligence damage our property;
c. commit any criminal offence;
d. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 14 (laws and jurisdiction) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other third party without prior notice to you. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
We shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes.
13. Data Protection
13.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the service.
13.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of us.
13.4 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
13.5 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
13.6 Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
13.7 We endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
13.8 If you wish to change or update the data we hold about you, please contact us from this form.
14. Law and Jurisdiction
This Agreement is subject to the laws of Japan and the parties submit to the exclusive jurisdiction of the Tokyo District Court in connection with any dispute hereunder.
15. Notices
You can contact us by any of the following methods:
Contact form
Post: Sake Business Laboratory, Inc.
6-1-16, Zushi, Zushi-shi, Kanagawa-ken 249-0006 Japan
