IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the HighChem website accessible at highchem-fashion.com, as well as and including any other HighChem websites or web pages accessible through the HighChem website or other promotional websites HighChem hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in any location.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE “AGREEMENT TO ARBITRATE DISPUTES” BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
- PRIVACY
Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. The Privacy Policy is subject to the terms and conditions of this Legal Statement.
- OWNERSHIP RIGHTS/USE OF SITES MATERIALS
HighChem Company Limited and/or its worldwide affiliates (“HIGHCHEM”) own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).
HIGHCHEM owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. HIGHCHEM also owns all trademarks, service marks, trade names, logos and domain names used on or in connection with the Sites or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of HIGHCHEM's copyright and other proprietary rights.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of HIGHCHEM. This prohibition also includes framing any content from the Sites, as well as unauthorized linking.
- DISCLAIMER/LIMITATION ON LIABILITY
Use of and browsing in the Sites are at your own risk. Neither HIGHCHEM nor any party representing or otherwise affiliated with HIGHCHEM in creating or presenting the Sites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Sites, except where such liability or damage is the result of HIGHCHEM’s own negligence, fraud, willful injury or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Sites is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.
Solicited information that you submit to HIGHCHEM by email in order to register or sign up, purchase products and/or to submit appropriate questions to the Sites are subject to our Privacy Policy. All unsolicited reviews, comments or other submissions, including ideas, concepts, techniques, know-how and the like, shall not be treated as confidential by HIGHCHEM and HIGHCHEM may use such materials in any manner that it deems appropriate.
- LINKS
HIGHCHEM is not responsible for third party websites that link to or from the Sites. HIGHCHEM does not endorse any such sites or the goods or services offered on such sites. HIGHCHEM disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. HIGHCHEM shall not be held liable or responsible for the content of any sites that link to or from the Sites.
- ACCURACY OF INFORMATION
HIGHCHEM takes reasonable steps to ensure the accuracy of the information included in the Sites. However, HIGHCHEM takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
- PRICES
Unless specifically mentioned, prices displayed on Site are shown in Japanese Yen and do not include taxes. Prices are provided for informational purposes and are not binding. Please also note that prices shown may vary by country or currency. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice.
- NO WAIVER
The failure on the part of HIGHCHEM to enforce any part of these Terms shall not constitute a waiver of any of HIGHCHEM's rights hereunder for past or future actions.
- QUESTIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT TERMS OF USE
By submitting a question, comment, communication or other content (“Statement”) to the Site, you hereby grant HIGHCHEM the perpetual, worldwide right and permission to use, post and repost your Statement, in whole or in part, either alone or accompanied by other material, with or without with your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, any and all Internet media (including the Site and any other HIGHCHEM websites and applications, third party sites, and social networking sites), in all forms of print, point-of-sale and publicity materials (e.g., press releases) and in HIGHCHEM’s email marketing campaigns and newsletters.
You warrant and represent that all of the Statements you have made regarding HIGHCHEM and/or its products are true and accurately reflect your honest opinion of and experience with HIGHCHEM and its products. You have made the Statements without any prior payment or promise of payment, or any other benefit having been made to me and without any expectation by you of any payment or benefit in return. You agree to notify HIGHCHEM immediately if any of the Statements no longer represent your true and honest experience and opinions.
You agree that the Statements made by you may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed. You further agree that the Statements made by you may be modified and/or altered by HIGHCHEM to remove any store names and/or personally identifiable information or other sensitive information about yourself or others.
HIGHCHEM expects all of its users to be respectful of other people. Your Statement will not be posted if it violates the following guidelines (“Guidelines”) which prohibit any Statement that contains any of the following types of content:
- Obscenities, discriminatory language, or other language not appropriate for this Site or any public forum.
- Advertisements, 'spam' content, or references to other products, offers, or websites.
- Any content or materials which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
- Email addresses, URLs, phone numbers, physical addresses, or other forms of contact information.
- Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
- Discussion of medical conditions or claims of medical effectiveness.
- Content that is false or misleading.
- Content that is unlawful or promotes unlawful activities.
HIGHCHEM will make all determinations as to what Statements are appropriate for this Site and in compliance with these Guidelines in its sole discretion.
- AGREEMENT TO ARBITRATE DISPUTES
WE BOTH AGREE TO ARBITRATE.
You hereby agree that any dispute between you and HIGHCHEM relating to, concerning, or arising out of this Legal Statement (including disputes about the validity, scope, or enforceability of this arbitration provision), the Privacy Policy, the Sites and/or an item purchased through the Sites (“Covered Disputes”) in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association (JCAA) in Tokyo, Japan. The language of the arbitration shall be in Japanese or English. The arbitration will be conducted before a single neutral arbitrator chosen by the parties and may be held by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be at the locale as mutually agreed to by the parties, or as determined by the arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the JCAA rules. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute.
OPT-OUT OF AGREEMENT TO ARBITRATE.
You can start to discuss with Highchem to mofify any article in this Agreement by emailing HIGHCHEM at support@highchem.co.jp and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the HIGHCHEM Sites.
THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF JAPAN. For any matters which are not subject to arbitration as set forth in this Legal Statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Tokyo Japan. If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
- MISCELLANEOUS
You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and HIGHCHEM with respect to the use of the Sites.
HIGHCHEM may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.
The Sites are not intended to provide any medical information about the skin or otherwise.
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
HIGHCHEM, 2023 All Rights Reserved