Terms of Use

NICHIBO JAPAN is a company registered in Japan. Collectively referred to as "Nichibo", "Nichibo Japan", "We", "Us" or “Our” in these Terms of Use.
We may amend these Terms of Use at any time and any revised version will be effective immediately that it is displayed on www.nichibojapan.com (our “Site”). In the event of any comments or questions concerning these Terms of Use, please contact us.
Agreement
This is an agreement between you (referred to as "You") and Nichibo to use the facility ("Facility"). By using the Facility you agree to be bound by the Terms of Use that are recorded in this agreement.

Password and Security
You must maintain the confidentiality of any passwords in respect of your account and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any disclosure or unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session.
We reserve the right to restrict access to the Nichibo Japan, to areas of this website, or indeed this entire website, at the discretion of Nichibo. Nichibo may disable your user ID and password at the sole discretion without notice or explanation.
API Usage
When you are using the Nichibo Japan application programming interface (API), any requests you make to the API are authenticated using your account’s unique API key. Just as with your password, you are responsible for maintaining the confidentiality and usage of your API key. You are solely responsible for all usage of the Facility under your account, authorized or unauthorized, including any usage of your API key.We may from time to time audit your use of the Nichibo API to ensure compliance with these terms.
We take data security seriously and will pursue all actual or threatened security breaches. Please report any security concerns to us here: www.nichibojapan.com/en/contact
Ownership
You acknowledge that we or our suppliers own any Intellectual Property Rights which subsist in any aspect of our Website, Nichibo, Nichibo Japan, products, goods or services.
Restrictions on Use of Software
You may not copy, publish, de-compile, or reverse engineer the software used in our Nichibo Japan or use Our software other than either (a) as is strictly necessary to facilitate the provision of the Facility to you or (b) in accordance with any statutory rights you may have to do so.
Accuracy of Information, etc.
Your activities on our Website, the Nichibo Japan and any information provided by you to us including but not limited to any information provided in your registration details must not:

  • be false or misleading and you agree to keep us updated with any changes to that information;
  • be offensive, defamatory, indecent or in breach of any applicable laws or regulations;
  • infringe any third party's rights including but not limited to any third party Intellectual Property Rights;
  • create liability for us or cause us to lose (in whole or in part) the facilities of our ISPs or other suppliers;
  • contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • cause the Website or any other Services to be impaired, interrupted, damaged or rendered less efficient or less effective.
Data Privacy, Security and Confidentiality
Confidentiality obligations: Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms of Use, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms of Use and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.

Anti-Spam Policy
The email marketing feature of Nichibo assists in the delivery of test drive contracts to email addresses inputted into the Nichibo Japan by the end user of the Nichibo Japan. You will cause every email assisted by Nichibo to clearly define who the sender is in the “from” line of every email such that the user and the licensee are clearly identified. You represent and warrant that you will not impersonate any person or organization and will not use fake or fictitious names.
Nichibo considers any unsolicited mass or bulk email sent to persons or entities whom have not expressly opted in (provided explicit permission) to receive such emails from the sender to be spam (“Spam”). Utilizing Nichibo for Spam is expressly prohibited. All licensees and users of Nichibo expressly agree to only utilize the Nichibo email feature for opt-in communications and to not send Spam. Opt-In Communications means permission based emails where the email recipient has agreed to receive mass marketing emails from the sender.

Application Performance
Nichibo denies all liability for the timely operation of the Facility and the Nichibo APP when used within an internet environment, where You or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.
By accepting these Terms of Use, you confirm your understanding that the timely operation of the internet and the World Wide Web is governed by constraints beyond the control of Nichibo. You accept that Nichibo is not liable for the perceived slow operation of the Facility or Nichibo Japan.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Facility or your breach of these Terms of Use, any applicable law or the rights of a third party.

Disclaimer of Warranties

The Facility and Nichibo Japan are provided on an "As- is” and "As- Available” basis. We make no warranty, express or implied, concerning the Facility and/or its contents and disclaim all warranties of fitness for a particular purpose, non-infringement, omissions, completeness, updates and/or up-time in respect of the Facility, including any liability, responsibility or any other claim, whatsoever, in respect of any loss whether direct or consequential, to any person arising out of or from the use of the Facility and/or any information contained on the Facility.
Without limiting the foregoing, we make no warranty that (a) the Facility will meet your requirements, (b) the Facility will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Facility and/or the Nichibo Japan thereof will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Facility will meet your expectations or be free from mistakes, errors or defects.
This Facility could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Facility, including the descriptions of any services listed herein, at any time without prior notice.
The use of the Facility or the downloading or other acquisition of any materials through the Facility is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Breach
Without prejudice to the other remedies available to us under these Terms of Useor under applicable law, we may limit your activity, or cancel or account, warn other users of the your actions, immediately temporarily/indefinitely suspend or terminate your account, and/or refuse to provide you with access to the Facility if:

  • you are in breach of these Terms of Use;
  • we unable to verify or authenticate any information provided by you; or
  • we have reasonable grounds to believe that the your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the you, other users of the site and/or us.

Once you have been indefinitely suspended you may not register or attempt to register with us or use the Facility in any manner whatsoever until such time that you are reinstated, at our sole discretion.
Termination
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Facility with or without prior notice thereof and for any reason, including, without limitation, (a) breach of these Terms of Use and/or the Privacy Policy; or (b) any suspected fraudulent, abusive or illegal activity(ies); or (c) requests by enforcement or government agencies; or (d) non-payment of fees; or (e) we are required to do so under applicable law.
Upon termination or suspension, regardless of the reasons, your right to use the Facility immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Facility. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. Further, on such deactivation any data that you may have stored on the Facility will not be retrievable.
Upon permanent termination of your account you will lose access to all of your content and information which we may delete in our normal course of business operations. This information cannot be recovered once your account is permanently terminated. You may further be required to delete and/or cause all content of the Facility to be erased from your server and provide us with an undertaking to that effect.
Notices
Any notice required to be given by us to you shall be sent to the e-mail address provided by you in your registration details or as updated by you from time to time in accordance with proper use of our Website. Any such notice shall be deemed (a) to be notice in writing and (b) to have been received 24 hours after being sent. Any notice required to be given by you to us under this Agreement shall be sent to the email address provided under our contact details on our Website and as updated from time to time.
Force Majeure
We shall not be liable for any delay or failure in performing these Terms of Use which results from circumstances outside our reasonable control.
Third Parties
These Terms of Use are intended to confer a benefit on our proper assigns and successors but are not intended to confer any rights on any other third parties whether pursuant to the Contracts (Privity) Act 1982 or otherwise.
Severance
Any term or condition of these Terms of Use which is found to be unlawful, void or unenforceable shall to the extent required be severed and be rendered ineffective as far as possible without modifying the remaining terms and conditions.

Copyright
Visitors may not copy, distribute, sell, publish, display, transmit, reproduce or decompile any part of the website material by any means (electronic or not) or for any purpose include it in any derivative works. Trademarks, service marks and logos displayed on this site belong to Nichibo represented on this site. Nothing contained on this site should be construed as granting any license to use any trademark, service mark or logo displayed on this site without the express written permission of Nichibo.

Links
Links from this website and the Nichibo Japan are provided for information and convenience only and we have no control over and cannot therefore accept responsibility or liability for the content of any linked third party website. We do not endorse any linked website.
Waiver
Any delay or failure by us in enforcing any right under these Terms of Use is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.

Disclaimer
Mention of any third-party product or organization does not constitute an endorsement by Nichibo or that product or company.
These Terms were last updated on 27 July 2018.