フォトギフトサービス OKURU

TERMS OF CONDITION

1 REGISTRATION

To place an order (“Order”) for our products (“Product(s)”), you must register with us by creating an account at our application (“Application”). You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site. It is your sole responsibility to (i) control the disclosure and use of your password, (ii) authorize, monitor and control access to and use of your ID and password and (iii) promptly inform us of any need to deactivate your password.

2 PRICE AND PAYMENT

(a) Where applicable, the prices indicated in our website of https://okuru-photo.com/sg (the “Site”) are inclusive of the Japanese consumption tax and are in Japanese Yen. Delivery costs will be charged in addition and clearly displayed and included in the ‘Total’(“Total Price”).
(b) You can pay by the payment methods provided by our payment partner listed on the Site.
(c) Upon authorisation of the payment of Total Price, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the gift voucher, and have sufficient funds or credit facilities to cover Total Price.

3. DELIVERY

If delivery or collection is delayed through your refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the courier, we may (without affecting any other right or remedy available to us) do either or both of the followings:

(a) charge you for additional fee and other costs reasonably incurred by us; and
(b) no longer make the Product available for delivery or collection.

4. RISK OF LOSS

Risk of loss for each shipment of the Products shall pass from us to you at the time such products are properly loaded on the carrier.

5. RETURN

Only in the case where the Products delivered to you are damaged or are not compliance with your Order, you may return the Products to us and claim the refund the fees that you have already paid to us upon our receipt of the Products. In such case, please contact us at support.sg@okuru-photo.com and provide your Order number, your name and address and reason for return. Upon receipt of the Products, we will examine it and we will advise you whether we approve your claim of return.

6. DATA

It is your sole responsibility to upload your photo data. While and after you upload the photo data, the loss of data may occur. It is strongly recommended that you back-up the data by yourself and we shall not be liable for any damages and losses incurred by you due to such loss of data.

7. PROHIBITED ACTIVITY

You shall not upload the data which (i) infringes upon, misappropriates or violates any rights of any party, (ii) infringes or violates the intellectual property rights of others or the privacy or publicity rights of others and (iii) is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous or hateful to any person or entity as determined by us in its sole discretion. You also shall not (i) intentionally distributing viruses or other harmful computer code, (ii) conduct any unlawful activity, (iii) act on as or pretending to be another person, (iv) act in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to our services and products, (v) collect personal information regarding others, (vi) modify, copy or create derivative works based on our application and (vii) attempt to de-compile, disassemble, reverse engineer our application or use any other process to gain access to the source code for our application. If any data which you uploaded or your activity infringes or is threatened to infringe any third party’s rights, you shall settle the issue at your expense.

8. LIMITATION OF LIABILITY

In no event shall we, our agents or anyone involved in creating or providing the Products be liable for damages, losses, and causes of action exceeding the amount paid by you for the Products.

9. NOTICES

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on the Application. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

Any notice under this agreement shall be (i) given in writing through either letter or email to the relevant party at the address or email address last known to the other or (ii) posted on the Application.

(a) Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipients address within Singapore.
(b) Any notice given by email shall be deemed to have been served when the email has been sent to your address.

In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

10. GOVERNING LAW

These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Japan. You and we agree that all controversies, claims and disputes arising under this agreement that cannot be settled by good faith discussions shall be subject to the exclusive jurisdiction of the Tokyo District Court.