Terms of Use
1. General
1.1. These terms and conditions (“Terms”) govern your use of the mail magazine subscription service (“Service”) offered by the Japan National Tourism Organization Singapore Office (“JNTO”) as part of the services available on the JNTO Singapore Official Website.
1.2 These terms mainly govern the usage of JNTO Singapore’s mail magazine Service. For JNTO Singapore Official Website’s Terms of Use, please visit: https://www.japan.travel/en/terms-of-use/.
In the event of any differences between the JNTO Singapore Official Website’s Terms of Use and these Terms concerning the Service, these Terms shall apply to the Services.
1.3. In these Terms, “we”, “us” and “our” refer to JNTO, and “you” and “your” refers to any person who accesses or uses the Service.
1.4. We may revise these Terms at any time without notice. You should visit this page from time to time and review the Terms. Each time you access or use the Service, you signify your agreement to the latest version of these Terms that is in force.
1.5. We may modify or discontinue any information or feature that forms part of the Service at any time, without prior notice, and without liability. We may also, in our discretion, cease to operate the Service at any time.
1.6. These Terms will also apply to any update or upgrade provided by us that replaces and/or supplements the Service unless such update or upgrade is accompanied by separate terms, in which case those separate terms shall apply.
1.7. We may offer specific products and services, including the conduct of contests, competitions, promotions, events, activities, and marketing campaigns, on the Service. Additional or separate terms and conditions may apply to these products and services, and you will need to accept those terms and conditions to enjoy them.
1.8. We may use third party providers to provide certain functionalities required for the Service. By subscribing to the Service, you consent to your personal information being shared with, processed and stored by such third-party providers in accordance with their respective privacy policies. By way of an example, for this mail magazine Service, Wave Evolution is managing email subscriptions and handling your personal information. By subscribing to the Service, you consent to your personal information being shared with, processed and stored by Wave Evolution in accordance with their privacy policies which can be found at: https://www.waveevo.com/privacy-policy-wave-evolution.html.
1.9. While JNTO does not actively manage and store your personal information, we have access to the information. Please refer to our Privacy Policy on how we handle your personal information: https://www.japan.travel/en/sg/privacy-policy/
2. Permitted Use of the Service
2.1. The Service and its Contents are either owned by us or licensed to us by third parties. “Contents” refer to all content on the Service (whether past, present or future) including but not limited to all text, graphics, audio and images, music, videos, HTML code, photographs, interactive features, software, scripts, advertisements, buttons, the arrangement and compilation of content, and any trademarks, names, logos, design, pages, information, reports, documents, and multimedia.
2.2. You acknowledge that you have no right, title, interest in and in the Service and its Contents and you agree not to challenge the validity of our ownership of or rights to them.
2.3. The Contents are provided solely for your non-commercial use. You shall not reproduce, republish, copy or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other), modify, adapt, translate, decompile, alter, disassemble, reverse engineer, or create derivative works from any Contents unless expressly authorised by us in writing. For the avoidance of doubt, framing of the Contents or any part of it is not permitted without our written authorisation.
2.4. Nothing in these Terms is deemed to grant to any person or entity any right or licence to use any Contents on the Service in any form of advertising, promotion, or marketing materials without our prior written consent.
3. Mail Magazine Subscription Registration
3.1. You are required to register for a subscription account (“Subscription Account”) before you are entitled to access and/or receive certain features or exclusive content, including newsletters, promotions, events, and activities available on our mail magazine Service (“Subscription Benefits”).
3.2. In registering for the Subscription Account, you represent and warrant that:
3.2.1. all information provided by you is true, accurate, current, and complete to the best of your knowledge and belief;
3.2.2. you will promptly update us of any change to your registration details; and
3.2.3. you are of legal age and have the requisite mental and legal capacity in accordance with the applicable laws of Singapore to accept these Terms and use the Service.
3.3. We reserve the right, at our discretion, to reject your subscription application, suspend your access to, or terminate your Subscription Account.
3.4. You are solely responsible for any and all activities related to your Subscription Account. We are entitled to treat all activities conducted under your Subscription Account as having been carried out with your knowledge and authority. You may only maintain one Subscription Account at any one time, and the Subscription Account shall be non-transferable. For the avoidance of doubt, if you have allowed any other person to use your Subscription Account or negligently made your subscription details (such as email or login credentials) publicly available, you agree that you are fully responsible for (i) the actions of such user, (ii) controlling their access to the Subscription Account, and (iii) the consequences of any misuse. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
3.5. You acknowledge and agree that we may access your subscription information as necessary, for purposes including but not limited to identifying or resolving technical problems or responding to complaints, without prior notice to you.
3.6. We reserve the right to limit, suspend, or terminate your Subscription Account without prior notice and without providing a reason if:
3.6.1. We (in our sole discretion) believe that you are in breach or will be in breach of any of these Terms;
3.6.2. You have used or are using the Subscription Account for any illegal or impermissible purpose, including any activity that may expose or potentially expose us to civil or criminal liability;
3.6.3. Your Subscription Account is inactive;
3.6.4. We deem fit to do so for security reasons or to protect our interests or the interests of other users;
3.6.5. We discontinue the mail magazine or subscription program; and/or
3.6.6. We are ordered by enforcement or governmental agencies to do so.
3.7. You may unsubscribe by submitting a request through our Service. We may ask you to provide a reason for unsubscribing, and we will process your request within thirty (30) days of receiving it. You acknowledge that upon unsubscribing, you will no longer receive any Subscription Benefits.
3.8. Additional terms and conditions may apply before a subscription can be completed. You will need to meet such criteria and accept those terms to access any Subscription Benefits.
4. Access to the Service
4.1. The accessibility and operation of the Service rely on technologies outside our control. We do not guarantee that the Service will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties) and/or free of bugs or other harmful codes and components not specifically mentioned herein. You accept that only basic security is presently provided at the Service and information transmitted to and from the Service to your computer or device could be subject to sniffers and other intrusion/hacking methods.
4.2. We have no obligation to provide any maintenance, support, or other services in relation to the Service, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrades, bug fixes, and/or patches, and/or enhancements in respect of the Service, you shall install them and keep your installation of the Service updated to the most recent release or version made available by us.
4.3. Your access to and/or use of the Service may also be interrupted, suspended, or restricted when we provide any maintenance, support, or other services in relation to the Service.
4.4. You agree to us collecting and using your device’s technical data and all its associated information, including without limitation, technical information about your device, system, software, device functionality, and device specifications. The collected technical data may from time to time be used to facilitate the provision and improvement of the Service, software updates, product support, and other services associated with the Service (if any). You agree that we may use this technical data to improve our Service.
4.5 You agree, by using the Service, that you shall not:
4.5.1 impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent;
4.5.2 collect, harvest, frame or deep link any data or Contents from the Service;
4.5.3 provide or use the Service and Contents in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising, whether with or without our prior written consent; or
4.5.4 introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware, malware or other similar software) that in
any way compromises, or may compromise, the Service or any underlying hardware or software.
5. Third Party Websites
5.1. The Service may contain links to other websites that are not owned or maintained by us (“Third Party Websites”). These links to Third Party Websites are provided only for your information and convenience and are not an endorsement of any third party’s products or services. We make no representations whatsoever about any Third-Party Website.
5.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of these Third-Party Websites and/or any third party’s products or services. Your access to any linked Third-Party Website and use of any third-party goods and services shall be at your sole risk. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use or reliance on any content, goods, or services available on or through any Third-Party Website.
5.3. Third Party Websites may also include a link to this Service. Such links do not necessarily mean that we are associated or affiliated with or approve of the third party or its goods and services. Your reliance on any third-party statements of association or affiliation with us or our endorsement or approval is at your own risk.
5.4 All links from this Service to Third Party Websites are included on the basis of good faith and shall not be construed as a claim to any interests or rights over such links, sites, trademarks or other intellectual property rights of the rightful owners. If for any reason you are the owner of any such right and object to its inclusion in this Service, please contact us immediately by email to jbyj@jnto.go.jp.
5.5 If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact us immediately by email jbyj@jnto.go.jp.
6. Disclaimer
6.1. This Service and all its Contents are provided to you on an "as is" and “as available” basis only and you use them at your own risk. While we believe the
Contents to be correct at the date which they were first published on the Service, we make on warranty that the Contents is free from error or omission and we do not accept responsibility for any loss or damage that you may suffer as a consequence.
6.2. To the extent permitted by law, we make no representations or warranties of any kind, whether express, implied, or arising by statute, including without limitation any warranties of merchantability, satisfactory quality, fitness for any purpose, non-infringement, or any representations or warranties as to the accuracy, completeness, currency or reliability of the Service or its Contents or the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Service. We shall not be liable for any damage or loss of any kind directly or indirectly arising from or in connection with your use of or inability to access the Service, or its Contents. To the fullest extent permissible by law, we shall not be liable for any injury, loss, claim, damage, or any indirect, consequential, special, exemplary, or punitive damages, losses, or expenses, including without limitation loss of profits, revenue or goodwill, loss or corruption of data or loss of or interruption to business, whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages.
7. Indemnity and Release
7.1. You agree to indemnify and hold harmless us and our parent organisations, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, successors, and assigns (collectively known as the “Indemnitees”) in respect of any and all claims, demands, actions, proceedings, liabilities (whether civil or criminal), damages (whether direct, indirect, special, incidental, consequential or exemplary), losses, costs and expenses (including legal costs on an indemnity basis) which may be suffered or incurred by the Indemnitees or asserted against the Indemnitees by any person in respect of:
7.1.1. any unauthorised access and use of the Service by you;
7.1.2. any breach of these Terms by you;
7.1.3. the occurrence of any event due to your act, omission, or default which comprises the security or integrity of the Service; and/or
7.1.4. any dispute between you and any third party.
7.2. You acknowledge and agree that you use the Service at your own risk. We are not responsible for the actions or omissions of third parties on the Service and you hereby release us, and our parent organisation, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, successors and assigns from any claims and damages (whether direct, indirect, special, incidental, consequential or exemplary), losses and expenses, known and unknown, arising out of or in connection any way connected with any claim you have against any such third parties or in relation to the content provided by third parties.
8. Miscellaneous
8.1. These Terms set out the entire agreement between us and you on your use of the Service.
8.2. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions herein.
8.3. You may not assign your rights or transfer your obligations and duties under this agreement to any third party. We may freely assign our rights or transfer our obligations and duties under this agreement.
8.4 You agree that:
8.4.1. These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
8.4.2. All disputes, controversies or differences arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, or arising out of or in connection with your use of the Service or our products or services (“Disputes”) shall, before or after the commencement of any other proceedings, be first referred to mediation before not more than 2 mediators selected by us at our discretion, and any settlement reached shall comply with the relevant domestic legislation governing mediations under the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”).
8.4.3. If the Dispute cannot be resolved through mediation within 8 weeks after a notice to mediate, the parties shall submit the Dispute to arbitration with the seat of arbitration either in Singapore or in Japan, as may be decided us. The arbitration shall be by a single arbitrator and shall be conducted in English.
8.4.4. If the arbitration is seated in Singapore, it shall be subject to the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force.
8.4.5. If the arbitration is seated in Japan, it shall be subject to the Arbitration Rules of the Japan International Dispute Resolution Center for the time being in force.
8.4.6. Where any matter is not arbitrable or where any form of interim relief is required that can only be made by a court of law, the parties shall submit to the non-exclusive jurisdiction of the courts in Singapore.
8.5. If any one or more of the provisions contained in these Terms conflicts with any law and shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law, the validity, legality, or enforceability of the remaining provisions contained herein shall remain valid and intact and shall not in any way be affected or impaired.
8.6. Any failure by us to insist upon strict compliance with any provision in these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with the Terms.
8.7. The rights and remedies under these Terms are cumulative and not exclusive of any other right or remedy provided by law or equity.
8.8. Save as otherwise provided in these Terms, a person who is not a party to these Terms shall not have any right to enforce any of these provisions under the Contracts (Rights of Third Party) Act 1999 of Singapore or under any other law.
