Bear Luxe Japan Network - Terms & Conditions for Member Buyer(the BLJN Terms & Conditions)

 

Bear Luxe Japan Network (“BLJ Network”) is a network of Japan’s luxury travel suppliers, including but not limited to luxury hotels, luxury ryokans, luxury transportation suppliers (private jet, helicopter, chauffer, etc.), and supplier of luxurious experience (machiya-traditional merchant's houses, luxury cruise, beauty & spa, Japanese culture & tradition, tickets, etc.) (“Member Supplier”) and international buyers, including but not limited to private travel designers, luxury outbound tour operators, luxury travel agencies, luxury hotel concierges, and top tier card concierge (“Member Buyer”).   

 

The Member Buyers may use Bear Luxe Japan Portal (www.bearluxejapan.com “BLJ Portal” to be defined in Article 3 of the BLJN Terms & Conditions) operated by Bear Luxe Corporation (“BLJ”) (Tokyo Metropolitan Government Travel Service Arrangement Service License No. 20118) to find, make reservations of, and pay for luxurious service supplied by the Member Suppliers (the “Member Supplier’s Service”).  

 

Sending the attached application form (the “Application”) to BLJ does not guarantee a membership of BLJ Network; the membership criteria must be met; admitted applicant will receive admission letter (the “Admission Letter”) along with its ID and pass code to the BLJ Network Members’ Site in the BLJ Portal (the ” BLJ Network Members’ Site”)

 

Please read this BLJN Terms & Conditions carefully before sending the Application.  

 

1.  The Member Buyer’s Acknowledgement

1.1.  By sending the Application to BLJ, the applicant buyer expressly acknowledges its understanding and acceptance of this BLJN Terms & Conditions. The BLJN Terms and Conditions enters into force and effect once admitted applicant enters into BLJ Network Members’ only sites of the BLJ Portal after receiving the Admission Letter. 

1.2.  The Member Buyer shall also be subject to the privacy policy adopted by BLJ from time to time (the “Privacy Policy”). All such terms are hereby expressly incorporated by reference to the BLJN Terms and Conditions. 

 

2.  Change of Terms and Conditions

2.1.  BLJ reserves the right to change or modify any part of the BLJN Terms and Conditions at any time without further notice. The Member Buyer should visit this page periodically to review the current BLJN Terms and Conditions. If BLJ changes or modifies the BLJN Terms and Conditions, BLJ will post the changes to or modifications of the BLJN Terms and Conditions on this page and will indicate at the top of this page the date on which the BLJN Terms and Conditions was last revised. 

2.2.  The Member Buyer’s continued participation in the BLJ Portal after any such changes or modifications constitutes the Member Buyer’s acceptance of the revised BLJN Terms and Conditions. If the Member Buyer does not agree to abide by the revised BLJN Terms and Conditions, prompt notice to BLJ (info@bearluxejapan.com) is required. 

 

3. Definitions

In addition to the terms defined elsewhere in this BLJN Terms and Conditions, the following definitions apply throughout this BLJN Terms and Conditions, unless the context requires for a contrary intention: 

BLJ Portal” means the membership reservation and payment portal (www.bearluxejapan.com), or any other platform that may exist in the future, whereby bookings can be made by Member Buyers for Member Supplier’s Service. 

BLJ Portal Contents” means any contents embodied or included in the BLJ Portal, including but not limited to the BLJ’s logo, the Content of Member Supplier’s Service, and the BLJ Data. 

Description of Member Supplier’s Service” means all descriptive information of the Member Supplier’s Services available on the BLJ Portal including, but not limited to, information and descriptions of the Member Supplier’s Service, End Customer Price including its due date (the “End Customer Price Due Date”), Member Buyer Commission Rate, availability of the service, guest reviews, and Member Supplier’s Terms & Conditions, photos and video, including any updates, modifications, replacements, additions or amendments. 

End Customer” means any End User who receives the Member Supplier’s Services acquired by the Member Buyer through the BLJ Portal. 

End Customer Price” means the price of the Member Supplier’s Services charged to the End Customer.

Special Price” means the price the Member Supplier offered to the confined market, the confined term, Member Buyer and End Customer, apart from the price of the BLJ portal

Intellectual Property Right” means any patent, copyright, inventions, database rights, design right, registered design, trademark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world. 

Member Buyer’s Commission” means commission to be paid to the Member Buyer from the Member Supplier for booking the Member Supplier’s Service.

Member Buyer’s Commission Rate” means the percentage to the End Customer Price to be used to calculate the Member Buyer’s Commission.

Member Supplier’s Terms & Conditions” means terms & conditions of the Member Supplier including, but not limited to cancelation and no-show policies. 

 

4.  Information of the Member Supplier’s Services

4.1.  Member Supplier places, on the BLJ Portal, the Description of the Member Supplier’s Services.

4.2.  Member Supplier reserves the right to change or alter any Description of the Member Supplier’s Service, including, but not limited to, the End Customer Price, the Member Buyer Commission Rate, and Member Supplier’s Terms & Conditions, provided such change or alternation shall be effective to any booking made after such change or alternation is placed on the BLJ Portal. 

 

5.  Commission

5.1.  Member Buyer will receive from Member Supplier the Member Buyer Commission which will be calculated as follows:  End Customer Price (excluding sales tax) x Member Buyer’s Commission Rate

5.2.  Member Buyer’s Commission Rate shall be set by each Member Supplier but shall not be lower than following percentage: 

      a) Transportation

Airline 2%

Heli/ Private Jet         5% 

Chauffer           10%

     b) Accommodation Services

Ryokan  8%

Hotel   10% 

c) Experience Services 

Experience Service 5%

      d) There is no commission from the cancellation fee 

5.3.  In the event Member Supplier changes or alters its End Customer Price and/or Member Buyer’s Commission Rate, such change or alternation shall be effective to any booking made after such change or alternation is placed on the BLJ Portal.

5.4  The commission is paid with the term (the end day of the 2 months after the Member Supplier has offered the service to the End Customer) and with the method set by BLJ.  The payment made directly between Member Buyer and Member Supplier is excluded.

 

6.  Booking 

6.1.  The Member Buyer may select the Member Supplier’s Services and place a purchase order including but not limited to preferred date of the service, preferred type of service, the End Customer’s name, credit card information to guarantee payment (either the credit card of the Member Buyer or the End Customer) and the End Customer’s contact information (the “Purchase Order”)  to the Member Supplier via the BLJ Portal. The booking is successfully made when the Member Buyer receives from the Member Supplier an email that contains a confirmation form with confirmation number (the “Confirmation Form”).

6.2.  Confirmation Form is a confirmation to one-time booking; the date(s) on which the Confirmation Form can be used will be stated on the Confirmation Form.  If the End Customer or the Member Buyer does not use the Confirmation Form on or by the date(s) noted on such Confirmation Form, the booking is void and no refunds will be granted. 

6.3.  Neither BLJ nor the Member Supplier is responsible for any lost, destroyed or stolen Confirmation Form. Confirmation Form will be void in the event serving the Member Supplier’s Service to the relevant End Customer is prohibited by law; in the event the End Customer attempts to use the Confirmation Form in an unlawful manner (e.g. attempt to use a Confirmation Form for wine tasting when he is under the legal age to do so), the Member Supplier may refuse to serve the Member Supplier’s Service and no refunds will be granted. 

6.4.  For avoidance of doubt, BLJ is not the offeror of any of the Member Supplier’s Services; BLJ is responsible solely for transmitting the Purchase Order via the BLJ Portal. 

 

7.  Payment of the End Customer Price 

The Member Buyer or the End Customer pays the End Customer Price with one of the following payment processes designated by the Member Supplier. At the time of booking, the Member Buyer confirms the payment process on the BLJ portal and agrees to the payment.

 

(a)  Payment on the spot - the End Customer pays directly to the Member Supplier on cash or with the End Customer credit card

(b)  Payment with credit card on BLJ portal

(c)  Payment between the Member Buyer and the Member Supplier directly

 

8. Cancellation and Refund

The Member Buyer and / or the End Customer can cancel bookings purchased by notifying to the BLJ portal and the related Member Supplier. Cancellation fee will be charged according to the cancellation policy of the related Member Supplier informed at the time of purchase. If there is the refund amount of the purchase that completed the payment, it is refunded to the credit card notified at the time of booking.

 

9. Receiving the Member Supplier’s Service 

9.1.  To receive the Member Supplier’s Service, the End Customer shall appear in person at the meeting point designated by the relevant Member Supplier on time and present the Confirmation Form. Member Supplier may also require the End Customer to provide an identification document bearing the End Customer’s photo in order to use the Confirmation Form. 

9.2   In the event the End Customer attempts to use a Confirmation Form in accordance with the relevant Member Supplier’s Terms & Conditions but is unable to do so, for any reason other than force majeure, and the End Customer and/or the Member Buyer contact BLJ at info@bearluxejapan.com, BLJ shall make commercially reasonable attempts to arrange for a remedy with the Member Supplier, provided, for avoidance of doubt, BLJ is not the offeror of any of the Member Supplier’s Services and shall not be responsible in any way for any act and/or omittance of relevant Member Supplier.    

9.3   Member Buyer is directly and fully responsible for any transaction that arises from its own End Customer, and the Member Buyer agrees to release BLJ from all liabilities in relation to its own End Customer, including but not limited to credit card fraud, unauthorized use of the Confirmation Form and/or any disagreement between the End Customer and the Member Supplier. 

 

10. Receiving the Member Supplier’s Special Price

Member Buyer can receive the “Special Price” offered by Member supplier through BLJ, apart from the price of the BLJ portal. The Member Buyer must be responsible for all managements of sales, notification, publication media, market impact with the Special Price according to the terms and condition of the Member Supplier.  BLJ doesn't have any responsibility for the “Special Price “.

 

11. Intellectual Property Rights

11.1.  The Member Buyer acknowledges that BLJ and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of the BLJ Portal Contents.  Nothing contained in this BLJN Terms and Conditions shall be deemed to transfer any such right, title or interest to the Member Buyer in any way. 

11.2.  BLJ cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Member Supplier may provide to the BLJ Portal.  Any access or use of the BLJ Portal Contents by the Member Buyer is at the Member Buyer’s own risk and the Member Buyer will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will BLJ be liable in any way for any BLJ Portal Content, including but not limited to any errors or omissions in any BLJ Portal Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any contents posted, emailed, accessed, transmitted, or otherwise made available via the BLJ Portal.

 

12. License

12.1.  BLJ hereby grants the Member Buyer a non-exclusive, revocable, restricted, royalty free and worldwide right 

and license, or sublicense as applicable, to display and/or communicate such elements of the Description of 

Member Supplier’s Service. 

12.2.  Unless agreed to otherwise in writing by BLJ, the Member Buyer shall not be entitled to sublicense the rights 

granted to it under Clause 11.1.

12.3.  The Member Buyer shall not make any static copy of any part of the BLJ Portal (including customer reviews). 

 

13. User Submissions

13.1.  In the course of accessing and/or using the BLJ Poral and/or purchasing the Member Supplier’s Services, the Member Buyer may provide information which may be used by BLJ and/or the Member Supplier which may be visible to other users of the BLJ Poral. The Member Buyer understands and accepts that by providing information or content on the BLJ Poral or otherwise providing content, materials or information to BLJ and/or the Member Supplier (“User Submissions”), the Member Buyer will be held solely responsible for any inaccuracies found therein, and for any claims that may arise from the provided information.   

13.2.  The Member Buyer hereby grants to BLJ and/or the Member Supplier a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights, including but not limited to derivative works thereof in any media formats and through any media channels.  

13.3.  The Member Buyer agrees and authorizes BLJ to use its personal data in accordance with the Privacy Policy in effect from time to time and the Member Buyer also hereby grants each user of this BLJ Portal a non-exclusive license to access the Member Buyer’s User Submissions through the BLJ Portal, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of BLJ Poral and under these Terms of Use.  

13.4  The Member Buyer acknowledges and agrees that BLJ retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by the Member Buyer. For clarity, the foregoing license grant to BLJ does not affect the Member Buyer’s ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed to in writing.  

13.5  All User Submissions publicly posted or privately transmitted through the BLJ Portal is the sole responsibility of the Member Buyer and BLJ will not be liable for any errors or omissions in any content. 

13.6  The Member Buyer acknowledges and agrees that it shall be solely responsible for its own User Submissions and the consequences of posting or publishing all User Submissions on the BLJ Portal. The Member Buyer represents, warrants and undertakes to BLJ that: 

(a) it owns or has the necessary rights, licenses, consents, releases and/or permissions to  use and authorize BLJ to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website and these Terms of Use; 

(b) neither the User Submissions nor the Member Buyer’s posting, uploading, publication, submission or transmittal of the User Submissions or BLJ’s use of the User Submissions, or any portion thereof, on or through this Bear Luxe Japan Portal and/or the Services offered through this Website will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation; 

   (c) User Submissions or its use is not harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; 

(d) User Submissions or its use do not constitute libel, impersonates any person or entity, including without limitation any employee or representative of BLJ; 

(e) User Submissions or its use do not contain a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. 

13.7  BLJ reserves the right to remove any User Submissions at any time, for any reason upon, but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submissions or if BLJ is concerned that the Member Buyer may have breached any of the preceding representations, warranties or undertakings, or for no reason at all. 

 

14. Covenants and Undertakings

The Member Buyer agrees not to take or omit to take any action which may affect BLJ’s relationship with the Member Supplier. The Member Buyer agrees not to cause or permit to be done anything which may cause BLJ to be excluded from the process of booking with any Member Supplier. The Member Buyer shall not in a negative or detrimental way speak (i.e. badmouth) of or comment on the business of BLJ or its staff and shall not persuade, induce or attempt to induce any Member Supplier to terminate its contract with or reduce its dealings and business with BLJ.  The Member Buyer agrees and acknowledges that the protection of goodwill, product, service and market reputation of BLJ are material importance to BLJ. 

 

15. Confidentiality

15.1  Parties understand and agree that in the performance of this Terms and Conditions, each Party may have access to or may be exposed to confidential and sensitive information of the other Party (“Confidential Information"). Confidential Information includes Customer Data, transaction volume, marketing and business plans, business, financial, technical and operational information, usage statistics, ranking data, information in respect of rate, product and availability parity, pricing policies, conversion data and volume of click-throughs, and other related statistics, personal data of Customer, any software or information regarding software provided or used by BLJ. 

15.2  Each Party agrees that: 

(a) all Confidential Information shall remain the exclusive property of the disclosing Party and shall not be used 

for any purpose except in furtherance of this Terms and Conditions; 

(b) it shall maintain, and use prudent methods to cause its employees, officers, representatives, and contracting parties (“the Permitted Persons”) to maintain, the confidentiality and secrecy of the Confidential Information; 

(c) it shall disclose Confidential Information only to those Permitted Persons and those who need to know such information in furtherance of this Terms and Conditions; 

(d) it shall not copy, publish, transmit, reproduce, divulge, disclose or make the Confidential Information available to any third party; 

(e) it shall not use or store it in an unprotected retrieval system or database;

(f) it shall return or destroy all hard and soft copies of Confidential Information upon written request of the other Party; and 

(g) all Confidential Information should be treated as private and confidential at all times during the Term, and after termination of this Terms and Conditions. 

15.3  Notwithstanding the foregoing, Confidential Information shall not include any information to the extent that it:

(a) is or becomes part of the public domain through no act or omission on the part of the receiving Party; or 

(b) was possessed by the receiving Party prior to the date of this Terms and Conditions; or 

(c) is disclosed to the receiving Party by a third party having no obligation of confidentiality with respect thereto; (d) is required to be disclosed pursuant to any relevant law, court order, subpoena or governmental authority. 

15.4  Parties shall make all commercially reasonable efforts to safeguard the confidentiality and privacy of Customer Data and to protect it from unauthorized use or release. The Parties agree to comply with applicable laws on the  processing of personal data and the protection of privacy. The Parties will at all times use reasonable and appropriate security measures to prevent corruption of and unauthorized access to Customer Data. Such measures will include but are not limited to data encryption and channel encryption. Where relevant, the Member Buyer must notify BLJ of any security breach as promptly as possible, no later than 1 day after discovering the breach. Each Party shall have a privacy policy accessible to customers that describes the manner in which it protects and uses Customer Data. 

15.5   Neither Party shall create, publish, distribute, or permit any written materials, which makes reference to the other Party without first submitting such material to the other Party and receiving prior written consent from the other Party. This consent shall not be unreasonably withheld or delayed. 

 

16. Term, Termination and Suspension

16.1   Unless agreed otherwise, this Terms and Conditions shall commence on the date the Member Buyer registers for a BLJ Member Buyer Account and for an indefinite period of time. 

16.2   Each Party may terminate this Terms and Conditions with immediate effect at any time and for any reason, by written notice to the other Party. 

16.3   The Member Buyer agrees and acknowledges that pending any compliance or implementation of reasonable requests made by BLJ, BLJ shall be entitled to postpone or suspend its obligations under this Terms and Conditions, or immediately terminate this Terms and Conditions, without prejudice to BLJ’s rights under this Terms and Conditions or otherwise. 

16.4   In the event of a breach of the covenants and undertakings set out under Clause 6 by or attributable to the 

Member Buyer, BLJ shall be entitled to suspend its obligations under or terminate this Terms and Conditions with immediate effect, notwithstanding the remedies and actions for specific performance, damage compensation or injunctive or equitable relief available by law or contract. 

16.5   Immediately upon an effective termination, the Member Buyer will remove any and all  BLJ-related content, links, banners, logos, and other references to BLJ. 

 

17. Indemnification and Liability

17.1   BLJ has no special relationship with or fiduciary duty to the Member Buyer for accessing and using the BLJ Portal and the BLJ Portal Content. The Member Buyer acknowledges that BLJ has no control over, and no duty to take any action regarding which users gain access to the BLJ Portal, what content the Member Buyer accesses via the BLJ Portal, what effects the BLJ Portal Content may have on the Member Buyer, how the Member Buyer may interpret or use the BLJ Portal Content, or what actions the Member Buyer may take as a result of having been exposed to the BLJ Portal Content. 

17.2   BLJ shall not be liable to, and the Member Buyer agrees to release BLJ from all liability for the Member Buyer having acquired or not acquired the BLJ Portal Content through the BLJ Portal. The BLJ Portal and the BLJ Portal Content may contain, or direct the Member Buyer to websites containing information that the Member Buyer may find offensive or inappropriate. BLJ makes no representations concerning any content contained in or accessed through the BLJ Portal, and BLJ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this BLJ Portal. 

17.3  The Member Buyer acknowledges and agrees that the Member Suppliers Services may be offered by the Member Suppliers or other third parties and suggestions or recommendations may be given by the Member Suppliers. BLJ makes no representations or warranties regarding the accuracy of descriptions anywhere on the Member Suppliers Services, or regarding suggestions or recommendations of the Member Suppliers Services offered or purchased through the BLJ Portal. 

17.4  The BLJ Portal, including all content, software, functions, materials and information made available on or accessed through the BLJ Portal, is provided "as is" basis. To the fullest extent permissible by applicable law, BLJ makes no representations or warranties of any kind whatsoever for the content on the BLJ Portal or the materials, information and functions made accessible by the software used on or accessed through the BLJ Portal. Further, BLJ expressly disclaims any express or implied warranties, including but not limited to non-infringement, operator ability, or the subject matter’s fitness for a particular purpose or accuracy. BLJ does not warrant that the functions contained in the BLJ Portal or any relevant materials will be uninterrupted or error free, that defects will be corrected, or that the BLJ Portal or the server that makes it available is free of viruses or other harmful components. 

17.5  The Member Buyer acknowledges and agrees that the Member Buyer will not hold or seek to hold BLJ responsible for the content provided by any Member Supplier or third party and the Member Buyer further acknowledges and agrees that BLJ is not a party to any transaction in relation to the Member Supplier Services. BLJ has no control over and does not guarantee the safety of any transaction and/or member supplier services or the truth or accuracy of any listing or other content provided by any Member Supplier or third party on the BLJ Portal. 

17.6   In any event, to the fullest extent permissible by the applicable law, BLJ’s liability, and the liability of any member of BLJ, to the Member Buyer or any third party in any circumstance arising out of or in connection with the Bear Luxe Japan Portal is limited to the amount of fees the Member Buyer has paid to BLJ in the twelve months prior to the action 

giving rise to liability

17.7  The Member Buyer acknowledges and agrees that any transmission to and from the BLJ Portal is not confidential and that any communications may be read or intercepted by others. The Member Buyer further acknowledges and agrees that by submitting communications to BLJ and by posting information on the BLJ Portal, including member supplier services, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to this Terms and Conditions. 

17.8  The Member Buyer shall be liable towards, compensate, indemnify and hold BLJ harmless for and against any direct damages, losses, liabilities, obligations, costs, claims, claims of any kind, interest, penalties, legal proceedings and expenses actually paid, suffered or incurred by BLJ pursuant to: 

(a) a breach of this Terms and Conditions by the Member Buyer, or

(b) any claim from any third party based on but not limited to any infringement of the third party's Intellectual Property Right by the Member Buyer. 

17.9   In no event will BLJ, BLJ Portal, BLJ’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: 

(a) the BLJ Portal; or

(b) these Terms of Use; or

(c) any breach of these terms of use by the Member Buyer, an Member Supplier or a third party. 

17.10  In no event shall any Party be liable to the other Party for any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or any indirect, special, punitive, incidental or consequential damages or losses whether such damages are alleged as a result of a breach of contract, tort or otherwise. All such damages and losses are hereby expressly waived and disclaimed. 

17.11  If the Member Buyer is dissatisfied with the BLJ Portal, does not agree with any part of this Terms and Conditions, or has any other dispute or claim with or against BLJ or another user of the BLJ Portal with respect to this Terms and Conditions or the BLJ Portal, the Member Buyer’s sole and exclusive remedy against BLJ is to discontinue its use of the BLJ Portal. 

 

18. Miscellaneous

18.1   Notices

18.1.1  All notices and communications can be delivered to BLJ in writing or electronic form to the following address: 

Bear Luxe Corporation

Attn. Member Buyer Relationship Manager

Email: info@bearluxejapan.com 

504 4-29 Yotsuya Shinjuku-ku Tokyo Japan 

18.1.2  Any notice or communication to be provided to the Member Buyer under this Terms and Conditions shall and can also validly be sent to the email address as provided by the Member Buyer. 

18.2    Assignment and Third Party Beneficiary

18.2.1   Neither Party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Terms and Conditions without the prior written consent of the other Party, provided that BLJ may assign, transfer, encumber any of its rights and/or the obligations under this Terms and Conditions to an Member Buyer company without the prior written consent of the Member Buyer. 

18.3    Severability

18.3.1  If any of the provisions of this Terms and Conditions is adjudged to be illegal or unenforceable, the remaining part of this Agreement shall continue in full force and effect. 

18.4   Force Majeure

18.4.1  Neither party will be liable to the other for any delay or non-performance of its obligations under this Terms 

and Conditions arising from any cause or causes beyond its reasonable control, including but not limited to any act of God, of government or regulatory authority, war, fire, flood, explosion, or civil commotion, or failure of the Internet. If such delay or non-performance arising from such cause or causes persists for more than 90 days, either party may terminate this Terms and Conditions on written notice to the other without incurring any further liability under its terms.

18.4.2  For the avoidance of doubt, if any, the failure to obtain the approval or the withdrawal of approval from the relevant government authorities or other governing bodies shall not be considered a Force Majeure Event. 

18.5   Governing Law and Jurisdiction

18.5.1  This Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of 

Japan. 

18.5.2  All dispute, controversies or differences which may arise between the Parties, out of or in relation to or in connection with the Term and Conditions shall be finally settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.  Arbitration shall be conducted in the English language in Japan.   

 

Warranty Disclaimers, Limitation of Liability

The information on this website is provided "as is" and BLJ makes no representations or warranties as to the accuracy, adequacy, completeness, or appropriateness for any particular purpose of any such information. BLJ expressly disclaims liability for any errors and omissions therein and for any damages whatsoever whether arising out of or in connection with your use of, reliance upon, or acting or forbearing to act upon, any information on this website even if BLJ has been advised of the possibility of such damages. This paragraph applies only to the extent permitted by applicable law.

BLJ may change and/or alter the contents of this website, or may suspend or discontinue the services provided through this website at any time without any prior notice. BLJ shall not be held liable for any damages arising out of any alteration or change of the contents or inability to use this website.

Copyright and Trademark Notices

All material on this website including but not limited to logos, text, images, graphics and other materials (hereafter "content") are subject to the copyright and other intellectual property rights of BLJ and/or its respective Member Supplier and Member Buyer owners. No one has permission to copy or republish, reproduce or adapt in any form, in whole or in part, for any purpose any information found on this website without the express written consent of BLJ. The name and logos of BLJ are trademarks of BLJ. The BLJ logos may not be used, downloaded, copied or distributed in any way. Other trademarks and trade names are those of their respective owners.

Links to External Sites

This website may contain links to other websites which are provided as a completely independent of this website. BLJ makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such link, and any link to another person or entity shall not in any manner be construed as an endorsement by BLJ of such persons or the entity's website. Your linking to any other off-site pages or other sites is at your own risk.

Liability of Member Supplier and Member Buyers

Member Supplier and Member Buyers are responsible for keeping and safeguarding their own user IDs and Passwords to access BLJ Network Members’ Site from BLJ website in an appropriate manner. Member Supplier and Member Buyers must not allow third parties to use such user IDs and Passwords. In addition, Member Supplier and Member Buyers must not transfer or modify or otherwise dispose of such User IDs and Passwords to third parties. Member Supplier and Member Buyers shall be responsible for any loss or damage arising from their own inappropriate management or safeguarding of their User ID or Password, or from any unauthorized use of their User IDs and/or passwords by third parties. BLJ shall not be held liable in any way for such loss or damage. In the event Member Supplier and Member Buyers discover the unauthorized use of their User ID and/or Password by any third parties, such Users shall immediately notify BLJ to that effect and follow our instructions to resolve the matter.

Applicable Laws and Jurisdiction

The Terms and Conditions of BLJ Official Website shall be governed by and construed in accordance with the laws of Japan. All dispute, controversies or differences which may arise between the Parties, out of or in relation to or in connection with the Term and Conditions shall be submitted to the Tokyo District Court in Tokyo, Japan as the Court of first instance.