CONDITIONS OF USE

CONDITIONS OF USE

CONDITIONS OF USE


This website, the HEAD PORTER ONLINE (hereinafter referred to as the "Website"), is provided by Head Porter Co.,Ltd. (hereinafter referred to as "Head Porter" or "the Company").

By using this Website, you legally accept all of the rules and conditions included in these Conditions of Use (hereinafter referred to as "the Conditions"). Please read the following paragraphs carefully. If you are under 20 years old (hereinafter "a Minor"), please obtain permission to use this Website from a person with parental authority or their legal representative. Please refrain from using this Website if you do not have permission to do so from a person with parental authority or their legal representative. The Company considers any person using this Website to have declared to the Company that they are an adult aged 20 or over or a Minor who has obtained permission to do so from a person with parental authority or their legal representative. You also accept the terms and conditions included in these Conditions when using the pages of this Website in their present form or as their content may be updated in future of this Website or other websites operated by Head Porter. Please print out a copy of these Conditions for your records.

These Conditions are subject to revision. When the Conditions are revised, a statement to this effect will be posted on the page concerned. Please note that when you use this Website after a revision, your acceptance of the Conditions will be assumed to be based on the revised Conditions.

1. Privacy

Before using this Website, please read through the Privacy Policy and familiarize yourself with how Head Porter addresses the issue of protecting your privacy. The terms and conditions of the Company's Privacy Policy are included in these Conditions.

2. Ordering goods

If you are a Minor, please obtain permission from a person with parental authority or their legal representative before ordering goods. The Company considers any person using this Website to have declared to the Company that they are an adult aged 20 or over or a Minor who has obtained permission to do so from a person with parental authority or their legal representative. In the event that the actions of a user contravene any applicable legislation, or are deemed to be harmful to the Company or any of its business partners, the Company reserves the right, at its own discretion, to take any action, including, without limitation, refusing service, terminating account, deleting or modifying content, or canceling an order.

3. Registered trademarks

The trademarks used on this Website are recognized in Japan as trademarks or registered trademarks of Head Porter or Yoshida & Co. All copyrights belong to Head Porter or Yoshida & Co.

4. Copyrights

All copyrights to text, images, photographs, graphics, user interfaces, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are protected under the Japanese copyright laws and international copyright laws and belong to the copyright holders, which are Head Porter or third parties. Under applicable copyright laws, the copying, reproduction, modification, distribution, display, transmission, transfer, alteration or dissemination of any of the contents of this Website, for any purposes, is prohibited. Nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of the Company or any third party.

5. License and Website access

This Website is for personal use only. The downloading of content (except for page caching) and any modification thereof, in whole or in part, without the explicit written consent of Head Porter is prohibited. The resale or commercial use of this Website or its content, the use or derivative use of collections or product lists and detail or price information, and the downloading or copying of account information for the benefit of another merchant are prohibited.

This Website and its content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Head Porter. The use of Head Porter's name or trademarks in meta tags or other hidden text without the explicit written consent of Head Porter is also prohibited. Any other unauthorized use will also invalidate the existing license or permission granted by Head Porter.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Website so long as the link does not portray Head Porter or its products or services in a false, misleading, derogatory, or otherwise offensive manner. The use of logos and other proprietary graphics or trademarks of Head Porter as part of a link without explicit written consent is prohibited.

6. Third party and co-branded websites

This Website includes pages that offer hyperlinks (hereinafter referred to as "Links") to websites operated by persons or entities other than Head Porter (hereinafter referred to as "Third Party Websites") or to co-branded websites operated by third parties, including business associates (hereinafter referred to as "Co-branded Websites"). The Company offers such Links for your reference and convenience only. Links to Third Party Websites do not imply or mean the transfer to the Company of the content of Third Party Websites or Co-branded Websites, or of their operators or their operation itself. You are solely responsible for determining the extent to which you use any content at any Third Party Website or Co-branded Website to which you link from our Site. Head Porter is not responsible for any losses or damages incurred as a result of any dealings with any Third Party Websites or Co-branded Websites, any merchant or operators of a Third Party Website or Co-branded Website, or any other person with whom you engage in any transaction.

7. Your responsibilities

By using this Website, you agree to comply with all applicable laws and such further limitations as may be set forth in any written or on-screen notice from Head Porter. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Conditions. All information you provide in connection with purchases, transactions or other monetary transaction interactions with this Website or any Co-branded Website, will be assumed to be accurate, complete and current. You will pay all charges incurred by the use of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Head Porter or any Co-branded Website at the prices in effect when such charges are incurred. Please also note that you will pay any applicable taxes relating to any such a purchases, transactions or other monetary transaction interactions.

By using this Website, you agree not to breach, or attempt to breach, the security of this Website, including, without limitation, actions such as:

  • Accessing data other than your own or logging into servers or accounts that you are not authorized to access.
  • Scanning, probing or testing the vulnerability of a system or network or breaching security or authentication measures without proper authorization.
  • Interfering with the Company's service to any user, host or network, including, without limitation, by overloading, flooding or crashing this Website by means of submitting a virus or other harmful computer program.
  • Sending unsolicited e-mail messages including promotions or advertising of products or services.

8. Risk of loss

All products purchased via this Website will be delivered to you not by Head Porter but by an independent delivery company not under the Company's management. The ownership and risk of loss of products purchased via this Website will be transferred to you as of the moment that the Company delivers the products to the delivery company.

9. Recommended environments

To get the best from this Website, we recommend that you view it using one of the environments listed below. Please note that the Website may not be correctly displayed or function correctly if viewed using an environment other than those recommended.

  • If you are using Windows, the following browsers are recommended:
     Microsoft Internet Explorer 8.0 or above
     Google Chrome lastest version
  • If you are using Mac OS, the following browsers are recommended:
     Safari 5.0 or above
     Google Chrome lastest version
  • If you are using SmartPhone or Tablet PC, the following browsers are recommended:
     iOS 7.0 above, Genuine browser
     Android 4.3above, Genuine browser
    * There is a case that does not work correctly with browser for Android. Please use the Chrome browser.

10. Product information

Head Porter strives to be as accurate as possible in describing its products. However, in some cases, product descriptions and other content may not be accurate, complete or current. Subject to availability, Head Porter products shown on this Website can be purchased via the HEAD PORTER ONLINE Store, directly managed stores, authorized retailers in Japan or overseas, etc. Unless otherwise stated, the prices shown on this Website are in Japanese yen.

11. Colors

Head Porter has made every effort to display as accurately as possible the colors of its products on this Website. However, the colors on this Website may vary depending on the settings of the computer monitor you are using. Please note that the Company cannot offer any guarantee as to the accuracy with which any color will be displayed on your monitor.

12. Product warranties

Head Porter warranties every product that it makes. Provided they have not been used, defective products may be returned to Head Porter for replacement or repair. Where no time frame is specified, returns will only be accepted if you contact Head Porter within 7 days of the delivery of the product, etc. If an item cannot be replaced, the purchase price will be refunded.

13. Disclaimer on warranties and limitations on liability

This Website is provided on an "as seen" and "as available" basis. To the maximum extent permitted by law, Head Porter makes no warranty or representation, express or implied:

  • that this Website and any information, content, third-party content, materials, products, services or linked services provided through this Website will be entirely free from errors, omissions, defects, interruptions, delays in operation, technical inaccuracies or typographical errors;
  • that this Website will be accessible at a particular time or from a particular location;
  • that defects or errors in services will be rapidly corrected; or
  • that the content of this Website is entirely free from viruses and other harmful computer programs.

Please note that all information on this Website is subject to change without notice, that the Company does not accept any responsibility with regard to changes. You expressly agree that your use of this Website is at your sole risk.

To the maximum extent permitted by law, Head Porter disclaims all warranties, express or implied, including, without limitation, implied warranties or merchantability or fitness for a particular purpose.

In no event will Head Porter or any party involved in the creation or operation of this Website (including the directors, employees and contractors of Head Porter and such parties, and the directors and employees of their contractors) accept responsibility for any of the matters listed below:

  • Damages resulting from the use of this Website: any phenomena or damages incurred through your access, use, misuse or inability to use this Website or the websites or services of entities to whose websites it provides Links, including, without limitation, any phenomena or damages resulting directly, indirectly, incidentally, consequential and other special damages
  • Third parties gaining unauthorized access to, intercepting or decrypting any information transmitted by you via this Website or information entrusted by the Company to you
  • Errors, omissions, interruptions, defects, delays, computer viruses, or malfunctions such as line or system failures
  • Leakage of personal information as a result of criminal acts by third parties, natural disasters, acts of God, or for other reasons beyond Head Porter's control

The above exceptions shall be effective even if the civil code and other applicable dispositive laws include provisions that conflict with these exceptions and even where the Company has been warned, in the past, of the possibility that the above mentioned damage may occur.

14. Applicable laws and disputes

The rights and obligations of customers and of the Company, and their conduct under these Conditions, are interpreted and applied in accordance with the laws of Japan (except where the laws of another country are applicable under private international law in the event of a conflict of laws). Within Japan, they shall constitute and function as a complete agreement and you are assumed to have accepted this agreement. In the event that an official body is required to settle a dispute between you and the Company, the Tokyo District Court has exclusive jurisdiction in the first instance.

15. Indemnification

You agree to protect and indemnify Head Porter and its business associates, heirs, successors, and all their directors, employees, agents, co-branders, or other partners from and against all claims, allegations, demands, actions, causes of actions, proceedings (whether pending or threatened), orders, damages, losses, liabilities, costs, reasonable lawyers' fees, and other legal costs and judgments arising out of your own use of this Website, breach of these Conditions or infringement of third party rights.

16. Other legal provisions

The Company may, at any time, for any reason and without prior notice, modify or suspend all or part of the format or operation of this Website or its content. The Company may also, at any time, for any reason and without prior notice, discontinue or restrict your use of this Website.

You agree that no joint venture, partnership, employment, agency relationship, etc. exists between yourself and Head Porter as a result of your use of this Website or as a result of these Conditions. Nothing contained in these Conditions is in derogation of Head Porter's right to comply with requests from the government, courts or law enforcement agency requests relating to your use of this Website or from releasing or collecting information relating to your use of this Website. Printed versions of these Conditions and of any notices given in electronic form shall be admissible as evidence in judicial or administrative proceedings based on or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally created and maintained in printed form.

The failure of Head Porter to enforce any provision of these Conditions or to respond to the breach of any provision by you or other parties shall not waive its right to enforce any provision or condition of these Conditions or to act with respect to similar breaches in the future.

If any provision in these Conditions is invalid or unenforceable under the applicable laws, the remaining provisions will remain in full force and effect and the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision.

These Conditions constitute the complete and final conditions on the use of this Website and its content and supersede any earlier relationships entered into by the Company and you regarding this Website and its content.

All rights not expressly granted to you herein are reserved by Head Porter.