This Web Site (the
"P&D Web Site") operated by The Company
– Pick n’ Drive International “P&D”,
is comprised of various Web pages. The P&D Web
Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and
notices contained herein. Your use of the P&D
Web Site constitutes your agreement to all such terms,
conditions, and notices. Your use of a particular
P&D website may also be subject to additional
terms outlined elsewhere on that website (the "Additional
Terms"). Additionally, the P&D Web Site may
itself contain additional terms that govern particular
features or offers (for example; virtual showroom,
Vehicle Order, contact or feedback areas, trade
terms or notices etc). In the event that any of the
terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines
contained within P&D website, then these terms
shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND
DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE
(this "Site"). By accessing or using this
Site, you agree to these terms of use, conditions
and all applicable laws. If you do not agree to these
terms you may not use this Site.
Modification
Of The Terms Of Use
P&D reserves
the right to change the terms, conditions, and notices
under which the P&D Web Site is offered, including
but not limited to the charges associated with the
use of the P&D Web Site. You are responsible for
regularly reviewing these terms and conditions.
Use
Of Site, Personal And Non Commercial Use Limitation
Unless otherwise
specified, the P&D Web Site is for your personal
and noncommercial use. You may not modify copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products or services obtained
from the P&D Web Site.
You may display and, subject to any expressly stated
restrictions or limitations relating to specific material,
electronically copy, download and print hard copy
portions of the material from the different areas
of the Site solely for your own noncommercial use,
or to place an order with P&D or to purchase P&D
products. Any other use of materials on this Site,
including but not limited to the modification, reproduction,
distribution, republication, display or transmission
of the content of this Site, without prior written
permission of P&D is strictly prohibited.
Harassment in any manner or form on the Site or any
of the P&D Websites, including via e-mail and
chat or by obscene or abusive language is strictly
forbidden. Impersonation of others, including a P&D
employee, host, or representative or other members
or visitors on the Site is prohibited. You may not
upload to, distribute, or otherwise publish through
the Site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable,
or which may constitute or encourage a criminal offense,
violate the rights of any party or otherwise give
rise to liability or violate any law. You may not
upload commercial content on the Site or use the Site
to solicit others to join or become members of any
other commercial online service or other organization.
Copyrights
And Trademarks
The entire content
included in this Site, including but not limited to
text, design, graphics, interfaces, or code and the
selection and arrangements thereof is copyrighted
as a collective work under the Japan and other copyright
laws, and is the property of P&D. The collective
work includes works that are licensed to P&D.
ALL RIGHTS RESERVED. All trademarks, service marks,
and trade names (collectively the "Marks")
are trademarks or registered trademarks of and are
proprietary to P&D International, or other respective
owners (if applied) that have granted P&D the
right and license to use such Marks.
Typographical
Errors
In the event a
P&D product or service is listed at an incorrect
price due to typographical error or error in pricing
information, P&D shall have the right to refuse
or cancel any orders placed for product or service
listed at the incorrect price. P&D shall have
the right to refuse or cancel any such orders whether
or not the order has been confirmed and payments are
paid. If you already paid for the purchase and your
order is canceled, P&D shall issue a credit through
a credit note to your account of the amount for the
incorrect price.
Term
Termination
These terms and
conditions are applicable to you upon your accessing
the Site and/or completing the registration or purchasing
process. These terms and conditions, or any of them,
may be modified or terminated by P&D without notice
at any time for any reason. The provisions relating
to Copyrights and Trademarks, Disclaimer, Claims,
Limitation of Liability, Indemnification, Applicable
Laws, Arbitration and General, shall survive any termination.
User
Participation & Registration
P&D does not
and cannot review all communications and a material
posted to or created by users accessing the Site and
is not in any manner responsible for the content of
these communications and materials. You acknowledge
that by providing you with the ability to view and
distribute user generated content on the Site, P&D
is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability
relating to any contents or activities on the Site.
However, P&D reserves the right to block or remove
communications or materials that it determines to
be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of
another or (d) violates any law or regulation or (e)
offensive or otherwise unacceptable to P&D at
its sole discretion. Note that any personally identifiable
information you may post or transmit will be treated
by P&D in accordance with P&D
Privacy Statement.
User registration or information, via P&D Web
Site, is required to access purchase and related services
online. The user is responsible for maintaining the
confidentiality of his/her given information. The
user registration is unique and personal. It should
not be shared with anyone.
User or member on his or her full discretion shall
notify P&D if he or she has proof of, or reasonable
grounds to suspect, any unauthorized use of such information.
P&D shall not be held responsible for unauthorized
use of the user’s account by a third party to
whom the user may have, intentionally or not, disclosed
his/her account login details.
User
Information & Related Update
User shall provide
accurate and current information on the registration
form and promptly update the registration data in
case of any changes in the data. P&D will not
be responsible for any loss due to disrupted delivery
of the Service (such as delivery/shipping arrangements),
resulting from user failure to promptly update.
User
Submissions
Except for any
personally identifiable information we may collect
from you in accordance of our Privacy
Statement, any material, information or other
communication you transmit, upload or post to this
Site ("Communications") will be considered
non-confidential and non-proprietary. P&D will
have no obligations with respect to the Communications.
P&D and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things
embodied therein for any and all commercial or noncommercial
purposes.
Third
Party Links
In an attempt to
provide increased value to our visitors, this Site
may contain links to other sites on the Internet that
are owned and operated by third party vendors and
other third parties (the "External Sites").
However, even if the third party is affiliated with
P&D, P&D has no control over these linked
sites, all of which have separate privacy and data
collection practices, independent of P&D. P&D
has no responsibility or liability for these independent
policies or actions and is not responsible for the
privacy practices or the content of such web sites.
These linked sites are only for your convenience and
therefore you access them at your own risk. Links
do not imply that P&D sponsors, endorses, is affiliated
with or associated with, or has been legally authorized
to use any trademark, trade name, service mark, design,
logo, symbol or other copyrighted materials displayed
on or accessible through such External Sites. Nonetheless,
P&D seeks to protect the integrity of its Site
and the links placed upon it and therefore requests
any feedback on not only its own Site, but for sites
it links to as well (including if a specific link
does not work). You should contact the Site administrator
for those External Sites if you have any concerns
regarding such links or the content located on such
External Sites.
Disclaimer
P&D makes no
warranties or representations about the accuracy or
completeness of this Site's content or the content
of any site or External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES,
AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, P&D DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. P&D DOES
NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. P&D DOES NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS,
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Limitation
Of Liability
IN NO EVENT SHALL
P&D BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,
DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF P&D
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR
IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS
AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify,
defend, and hold harmless P&D, its officers, directors,
employees, agents, licensors and suppliers (collectively
the "Provider") from and against all losses,
expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your
Internet account (including negligent or wrongful
conduct), by you or any other person accessing the
Site using your Internet account.
Language
Although P&D
is based in Japan, it has multilingual staff and website
versions, P&D official communication language
is English which means that all the terms, conditions
and notices are legally construed in English and shall
accordingly has full effect in English. Other translations
is only for the understandability ease of user(s)
provided in the website.
Applicable
Laws
Your use of this
Site shall be governed in all respects by the laws
of Japan, without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or
indirectly arising out of or relating to this Site
(including but not limited to the purchase of P&D
products) shall be in the state or federal courts
located in Japan. Any cause of action or claim you
may have with respect to the Site (including but not
limited to the purchase of P&D products) must
be commenced within one (1) year after the claim or
cause of action arises. P&D's failure to insist
upon or enforce strict performance of any provision
of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions.
P&D may assign its rights and duties under this
Agreement to any party at any time without notice
to you.
P&D makes no representation that materials in
the Site are appropriate or available for use in other
locations, and access to them from territories where
their content is illegal is prohibited. Those who
choose to access this Site from locations outside
Japan do so on their own initiative and are responsible
for compliance with applicable local laws.
Arbitration
By using this Site, you
agree that P&D, at its sole discretion, may require you
to submit any disputes arising from the use of this Site,
or these Terms and Conditions concerning or, including disputes
arising from or concerning their interpretation, violation,
nullity, invalidity, non-performance or termination, as well
as disputes about filling gaps in this contract or its adaptation
to newly arisen circumstances, to final and binding arbitration
under the International Rules of Arbitration.
Any award in an arbitration initiated under this clause shall
be limited to monetary damages and shall include no injunction
or direction to any party other than the direction to pay
a monetary amount. Further, the arbitrator(s) shall have no
authority to award punitive, consequential or other damages
not measured by the prevailing party's actual damages in any
arbitration initiated under this section, except as may be
required by statute.
General
P&D may revise these
Terms at any time by updating this posting. You should visit
this page from time to time to review the then-current Terms
because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices
or terms located on particular pages at this Site.
Please note that The P&D does business with head office
only in the State of Chiba Japan. P&D does not own or
operate any of the other facilities whatsoever.
THIS WEBSITE POLICY FOR USER
IS JOINTLY SERVED WITH OTHER TERMS AND CONDITIONS MENTIONED
IN P&D WEBSITE, THAT IS, SALES TERMS, PRIVACY STATEMENT
AND OTHER NOTICES WHICH MEANS BY USING THE P&D WEB SITE;
YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS. PLEASE
READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT AND LEGAL INFORMATION.