Pick n'Drive - Japan Used Cars Exporters Used Japanese Vehicles (passenger cars, vans, trucks and motorbikes)

(Text Version)  

Web Policy Picture - online shopping of used japanese vehicles (passenger cars, vans, trucks and motorbikes)
 P&D Website Policy For User
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.

Last Update: 29 Dec 2006.

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