Terms of Use
- 1. General
- 1.1. These terms and conditions (“Terms”) govern your use of the platform of the Japan National Tourism Organization Singapore Office (“JNTO”) (including any information, services, contents, products, or features), as made available on our websites (including http://www.japanbyjapan.com) and applications (mobile, web-based or otherwise) (collectively referred to as “Platform”). Your access and/or use of the Platform shall be deemed to be an acceptance of these Terms. If you do not accept any of these Terms, please do not use the Platform.
- 1.2. In these Terms, “we”, “us” and “our” refer to JNTO, and “you” and “your” refers to any person who accesses or uses the Platform.
- 1.3. We may revise these Terms at any time without notice. You should visit this page from time to time and review the Terms. Each time you access or use the Platform, you signify your agreement to the latest version of these Terms that is in force.
- 1.4. We may modify or discontinue any information or feature that forms part of the Platform at any time, without notice, and without liability. We may also, in our discretion, cease to operate the Platform at any time.
- 1.5. These Terms will also apply to any update or upgrade provided by us that replaces and/or supplements the Platform unless such update or upgrade is accompanied by separate terms, in which case those separate terms shall apply.
- 1.6. We may offer specific products and services, including the conduct of contests, competitions, promotions, events, activities, and marketing campaigns, on the Platform. Additional or separate terms and conditions may apply to these products and services, and you will need to accept those terms and conditions to enjoy them.
- 1.7. Our Privacy Policy (available at https://japanbyjapan.com/privacy-policy) forms part of these Terms. You agree that we may use information that you provide in accordance with the terms of our Privacy Policy, as amended from time to time.
- 2. Permitted Use of the Platform
- 2.1. The Platform and its Contents are either owned by us or licensed to us by third parties. Contents refer to all content on the Platform including but not limited to all text, graphics, audio and images, music, videos, HTML code, photographs, interactive features, software, scripts, advertisements, buttons, the arrangement and compilation of content, and any trademarks, names, logos, design, pages, information, reports, documents, and multimedia.
- 2.2 You acknowledge that you have no right, title, interest in and to the Platform and its Contents and you agree not to challenge the validity of our ownership of or rights to them.
- 2.3. The Contents are provided solely for your non-commercial use. You shall not reproduce, republish, copy, modify, adapt, translate, decompile, alter, disassemble, reverse engineer, or create derivative works from any Contents unless expressly authorized by us.
- 2.4. Nothing in these Terms is deemed to grant to any person or entity any right or licence to use any Contents on the Platform in any form of advertising, promotion, or marketing materials without our prior written consent.
- 3. Account Registration
- 3.1. You may be required to apply and register for a membership account (“User Account”) with us before you are entitled to access and/or use certain features of the Platform or enjoy member-only privileges and/or benefits, including members-only contests, competitions, promotions, events, and activities (“Membership Benefits”).
- 3.2. In signing up for a User Account with us, you represent and warrant that:
- 3.2.1. all information provided by you is true, accurate, current, and complete to the best of your knowledge and belief;
- 3.2.2. you will promptly update us of any change to your registration details; and
- 3.2.3. you are of legal age and have the requisite mental and legal capacity in accordance with the applicable laws of Singapore to enter into these Terms and use the Platform.
- 3.3. We reserve the right to reject your application for a User Account, suspend your use of or terminate your User Account.
- 3.4. Upon successful registration of your User Account, you, as the account holder:
- 3.4.1. agree to keep your account ID and password confidential and shall not allow other people to use your User Account; and
- 3.4.2. shall notify us immediately if you have any reason to believe that the security of your User Account has been compromised.
- You shall be solely responsible for any and all activities which occur under your User Account. We are entitled to treat all activities that occur under your User Account as having been conducted with your knowledge and authority. You may only maintain one User Account at any one time, and your User Account shall be non-transferable. For the avoidance of doubt, in cases where you have allowed any other person to use your User Account or have negligently or otherwise made your password and/or account ID publicly available, you agree that you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of this Platform; and (iii) the consequences of any use or misuse. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- 3.5. You acknowledge and agree that we may access your User Account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems or responding to complaints without prior notice to you.
- 3.6. We reserve the right to limit, suspend, or terminate your membership and/or access to your User Account without prior notice, without giving you a reason and/or without further reference to you if:
- 3.6.1. we (in our sole discretion) believe that you are in breach, or will be in breach, of any of these Terms;
- 3.6.2. you have used or are using the Platform for any illegal or impermissible purpose or activity including any activity which may expose or potentially expose us to civil or criminal liability or public ridicule;
- 3.6.3. your User Account is inactive;
- 3.6.4. we deem fit to do so, including for security reasons or to protect our interests or the interests of other users of the Platform;
- 3.6.5. we discontinue the Platform or any membership programme; and/or
- 3.6.6. we are ordered by enforcement or other governmental agencies to do so.
- 3.7. You may delete your User Account by submitting a request through the Platform. We require you to provide a reason for the deletion, and we will process your request for deletion within thirty (30) days of receiving your request. You acknowledge that the deletion of your User Account will also amount to the deletion of your membership and you will cease to enjoy all Membership Benefits.
- 3.8. In addition to these Terms, there may be eligibility criteria to comply with and/or additional terms and conditions that must be accepted before a User Account can be set up. You will need to meet such criteria and accept those terms and conditions in order to set up a User Account and enjoy the Membership Benefits.
- 4. Access to the Platform
- 4.1. The accessibility and operation of the Platform rely on technologies outside our control. We do not guarantee that the Platform will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties) and/or free of bugs or other harmful codes and components not specifically mentioned herein.
- 4.2. We have no obligation to provide any maintenance, support, or other services in relation to the Platform, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrades, bug fixes, and/or patches, and/or enhancements in respect of the Platform, you shall install them and keep your installation of the Platform updated to the most recent release or version made available by us.
- 4.3. Your access to and/or use of the Platform may also be interrupted, suspended, or restricted when we provide any maintenance, support, or other services in relation to the Platform.
- 4.4. You agree to us collecting and using your device’s technical data and all its associated information, including without limitation, technical information about your device, system, software, device functionality, and device specifications. The collected technical data may from time to time be used to facilitate the provision and improvement of the Platform, software updates, product support, and other services associated with the Platform (if any). You agree that we may use this technical data to improve our Platform.
- 5. Third Party Websites
- 5.1. The Platform may contain links to other websites that are not owned or maintained by us (“Third Party Websites”). These links to Third Party Websites are provided only for your information and convenience and are not an endorsement of any third party’s products or services. We make no representations whatsoever about any Third Party Website.
- 5.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of these Third Party Websites and/or any third party’s products or services. Your access to any linked Third Party Website and use of any third party goods and services shall be at your sole risk. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use or reliance on any content, goods, or services available on or through any Third Party Website.
- 5.3. Third Party Websites may also include a link to this Platform. Such links do not necessarily mean that we are associated or affiliated with or approve of the third party or its goods and services. Your reliance on any third party statements of association or affiliation with us or our endorsement or approval is at your own risk.
- 6. User Content
- 6.1. By submitting, posting, or displaying any text, images, audio and/or video files, photographs or other images and other data, information, and materials on or by means of this Platform (the “User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the User Content throughout the world in any media, on this Platform or elsewhere for any purpose whatsoever, including but not limited to our business, products, and services. You waive all moral rights in relation to the User Content. With regards to your personal data, you shall be deemed to have given us the consent to collect and use your name, age, city, and/or the country in connection with such User Content in accordance with the Privacy Policy.
- 6.2. You shall bear full responsibility for the User Content that you submit to us. You represent and warrant to us that all User Content you provide (i) is not unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic, or profane; (ii) complies with all applicable laws, regulations, or codes of conduct; (iii) is original and you either own the content or have all the rights necessary to grant to us a licence as set out in these Terms; (iv) if used by us or our sub-licensees or assigns, will not infringe or violate third party intellectual property or other rights or subject us to civil or criminal liability; (v) does not contain any virus or code designed to permit unauthorised access, to disable, modify, erase, damage, steal or usurp data or otherwise harm the Platform or any data or computer system; (vi) does not advertise or otherwise market any service or product, unless our prior written consent has been obtained; and (vii) is true, accurate, current and complete to the best of your knowledge and belief.
- 6.3. You agree that you may be exposed to User Content that is false, inaccurate, offensive, indecent, defamatory, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to such User Content. We take no responsibility and expressly disclaim any and all liability in connection with any User Content. We may at any time in our sole discretion, remove any content on the Platform, including User Content, without prior notice, and for any reason. In the event that we remove any content, we shall not be liable whether to you or any other party for any damage or any other remedy, in law or equity.
- 7. Disclaimer
- 7.1. This Platform and all its Contents are provided on an "as is" and “as available” basis only and you use them at your own risk.
- 7.2. We make no representations or warranties of any kind, whether express, implied, or arising by statute, including without limitation any warranties of merchantability, satisfactory quality, fitness for any purpose, non-infringement, or any representations or warranties as to the accuracy, completeness, currency or reliability of the Platform or its Contents or User Content or the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Platform. We shall not be liable for any damage or loss of any kind directly or indirectly arising from or in connection with your use of or inability to access the Platform, its Contents, or any User Content. To the fullest extent permissible by law, we shall not be liable for any injury, loss, claim, damage, or any indirect, consequential, special, exemplary, or punitive damages, losses, or expenses, including without limitation loss of profits, revenue or goodwill, loss or corruption of data or loss of or interruption to business, whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages.
- 8. Indemnity and Release
- 8.1. You agree to indemnify and hold harmless us and our parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, successors, and assigns (collectively known as the “Indemnitees”) in respect of any and all claims, demands, actions, proceedings, liabilities (whether civil or criminal), damages, losses, costs and expenses (including legal costs on an indemnity basis) which may be suffered or incurred by the Indemnitees or asserted against the Indemnitees by any person in respect of:
- 8.1.1. any unauthorised access and use of the Platform and/or the User Content by you;
- 8.1.2. any User Content provided by you or through your User Account;
- 8.1.3. any breach of these Terms by you;
- 8.1.4. the occurrence of any event due to your act, omission, or default which comprises the security or integrity of the Platform; and/or
- any dispute between you and any third party.
- 8.1.5. any dispute between you and any third party.
- 8.2. You acknowledge and agree that you use the Platform at your own risk. We are not responsible for the actions or omissions of third parties on the Platform or User Content and you hereby release us, and our parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, successors and assigns from any claims and damages, losses and expenses, known and unknown, arising out of or in connection any way connected with any claim you have against any such third parties or in relation to the User Content provided by third parties.
- 9. Miscellaneous
- 9.1. These Terms set out the entire agreement between us and you on your use of the Platform.
- 9.2. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein.
- 9.3. You may not assign your rights or transfer your obligations and duties under this agreement to any third party. We may freely assign our rights or transfer our obligations and duties under this agreement.
- 9.4. These Terms shall be governed by the laws of Singapore. You submit to the non-exclusive jurisdiction of the Courts of Singapore.
- 9.5. If any one or more of the provisions contained in these Terms shall be invalid, illegal, or unenforceable in any respect under any applicable law, the validity, legality, or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
- 9.6. Any failure by us to insist upon strict compliance with any provision in these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with the Terms.
- 9.7. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.
- 9.8. No third party shall have any right to enforce any of these provisions under the Contracts (Rights of Third Party) Act (Cap.53B) or any other theory of law.
