Terms and Conditions: General
TERMS AND CONDITIONS (GENERAL)
In these terms and conditions (Terms), unless the context otherwise requires, the following expressions have the following meanings:
“Takehiko Hashimoto”, “Deeply Regional Japan®”, “we”, “our” and “us” means Takehiko Hashimoto ABN 17594801316 trading as Deeply Regional Japan Tours;
“Parties” means you and us;
“Agreement” means the agreement between the Parties in relation to the Services provided by Takehiko Hashimoto, Deeply Regional Japan®, or our Third Party Providers and pursuant to the Contract and these Terms;
“Confidential Information” includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know-how, financial, accounting, marketing and technical information, client and supplier information (including prospective client and supplier information), ideas, concepts, Intellectual Property, technology, and other information, whether or not such information is reduced to a tangible form or marked in writing as “confidential”;
“Contract” means the contract form signed, or to be signed, by you for purchase of Products and Services provided by us or our Third Party Providers;
“Contract Period” means the period of time during which the Contract is in force, from the commencement date or time to the expiry date or time as specified in the Contract;
“Deposit” means initial payment owed by you to us within a period of time from the date of signing of a Contract by you, as specified in the Contract;
“Fee” means the price for our Products and Services as specified in the Contract, including that relating to Services of administrative nature;
“Final Payment” means the outstanding balance of the total payment amount owed by you to us after payment of the Deposit as set out in the Contract;
“Final Payment Date” means the final payment date as set out in the Contract;
“GST” means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;
“Intellectual Property” includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), designs (whether or not registered or registrable), layouts, appearance, graphics, logos, products, processes, softwares, trademarks (whether or not registered), trade names, trade secrets, business names, company names or Internet domain names;
“Materials” mean work and materials that we provide to you in providing the Products and Services that contain material which is owned by or licensed to us and is protected by Australian and international laws;
“Payment Plan” means details that relate to the payment arrangements as set out in the Contract;
“Product” means any good offered on a commercial basis advertised on our Website or provided directly by us or our Third Party Providers for purchase by you;
“Third Party Provider” means any third party provider who supplies Products and Services to us as part of Products and Services you purchase from us;
“Services” means arranging and executing a Product for you by us in accordance with the Contract;
“Terms” means these Terms and Conditions;
“Website” means the internet site www.deeplyregionaljapan.com operated by us;
“you” or “your” means the client described in the Contract.
You agree and accept that these Terms and the Contract form the agreement under which we will supply Products and Services to you. Please read the Terms and the Contract carefully. Please contact us if you have any questions.
You accept the Contract and Terms by signing the Contract. It is your responsibility to check the details set out in the Contract, including details on Products and Services, risks and liability, and your personal and business details before you sign the Contract.
We will not commence performing the Services until you have paid the Deposit as specified in the Contract.
YOUR OBLIGATIONS AND WARRANTIES
You warrant throughout the term of this Contract that:
there are no legal restrictions preventing you from entering into the Contract;
you will co-operate with us, provide us with information and comply with requirements in a timely manner, as requested by us to enable us to provide the Products and Services to you;
you provide us with true, correct, accurate and complete information, including that regarding all individuals for whom you are purchasing our Products and Services;
you accept all responsibility for obtaining, at your cost, any consents, licences and permissions from other parties to enable us to provide our Products and Services to you, and for providing us with the necessary consents, licences and permissions;
you accept all responsibility for ensuring that you meet all requirements to enable us to provide the Products and Services to you regarding, but not restricted to, prerequisite training, state of health, fitness levels, and police checks;
you accept all responsibility for organising an appropriate level of insurance to cover you, and all individuals for whom you are purchasing our Products and Services, for the full duration of the Contract Period for costs associated with illness, injury, death, losses or damage, cancellation, medical and hospitalisation expenses, and accidental death or disability;
you do not engage in criminal, disruptive or undesirable activities or behaviour during your participation in our Products and Services.
All prices and amounts are stated in Australian dollars (AUD). All purchase prices include the GST where applicable.
Prices for our Products and Services as advertised on our Website or quoted directly to you include all Materials, and Products and Services of our Third Party Providers, as specified in the Contract for the duration of the Contract Period, UNLESS OTHERWISE STATED.
A Deposit may be required to secure your reservation for our Products and Services upon signing of a Contract by you. The amount of Deposit required depends on the Products and Services. Please refer to the Contract Details, or contact us, for precise information.
For some of our Products and Services, the Final Payment, comprising the outstanding balance of the total payment amount after the payment of your Deposit, is required prior to the starting date of the Contract Period. The Final Payment Date and Payment Plan may vary depending on the nature of the Products and Services, and are specified in the Contract. If we do not receive your Final Payment before, or on, the Final Payment Date, we will cancel your Contract and you will forfeit your Deposit. For some Products and Services, the Final Payment will be required upon supply of a Tax Invoice at the end of the Contract Period, with a specified Final Payment Date.
All our Products and Services are subject to availability, and we reserve the right to modify our Products and Services as necessary at any time. These modifications may result in amendments to the prices and amounts we originally advertised or quoted to you. Amendments in prices and amounts may also occur if there are fluctuations in foreign currency exchange rates beyond reasonable levels, or additional information becomes available to us after we originally advertised or quoted the prices and amounts. We will notify in writing to you any amendments to prices and amounts that occur after you have signed your Contract. If you do not agree to these amendments, you may cancel your reservation before the scheduled starting date of the Contract Period. Your Deposit and any other payments made by you to us up to the time of receipt of your cancellation in writing will be subject to our standard cancellation policy (see ‘Cancellation and Termination’) UNLESS OTHERWISE STATED.
All payments to us are to be made directly into our nominated account; banking details are set out in the Contract Details.
We may provide our Products and Services to you using our Third Party Providers and they are included in these Terms.
By signing the Contract, you agree to be bound by any additional terms and conditions and limitations imposed by our Third Party Providers. Some of these terms and conditions may permit the Third Party Provider to cancel, modify or substitute services at their discretion, and may limit or exclude liability in respect of loss, damage, delay, personal injury and death. It is your responsibility to be aware of and comply with the terms and conditions and limitations of a Third Party Provider where applicable.
All our Products and Services are provided subject to availability. We reserve the right to change or modify our Products and Services as necessary at any time. These changes and modifications include those due to circumstances beyond our control such as those imposed by Third Party Providers or weather conditions.
We cannot accept responsibility for any incorrect or incomplete information provided by Third Party Providers or for any changes or modifications to Third Party Products and Third Party Services that we have not been notified of. We are not liable for any declaration of bankruptcy of a similar event in respect of a Third Party Provider. Should a Third Party Product or Service required in your Contract become unavailable, we will endeavour to find a viable alternative and make any necessary changes to the Products and Services we provide to you.
You are responsible for notifying us of all your special requirements including, but not restricted to, those concerning your health, mobility and diet, prior to the signing of the Contract. We cannot accept responsibility for any dissatisfaction, costs including legal costs, loss or damage suffered by you or claims made against you, arising from the provision of incorrect or incomplete information by you to us at the time of signing of the Contract. We cannot accept responsibility if we or our Third Party Providers cannot meet your specific requirements, including cases where we have noted your specific requirements.
CHANGES AND AMENDMENTS
We will endeavour to accommodate all reasonable and timely requests for changes or amendments to your Contract, however, we do not guarantee that this will always be possible. Changes or amendments you request may attract an additional Fee, including charges and penalties imposed by our Third Party Providers. All requests for changes and amendments must be made in writing to us.
CANCELLATION AND TERMINATION
Cancellation of reservations must be provided to us in writing and is subject to the following Fees, UNLESS OTHERWISE STATED in the Contract:
Up to seven (7) days from the date of signing of Contract—Cooling Off period (no cancellation Fees);
Between the end of the Cooling Off period and thirty (30) days from the scheduled starting date of the Contract Period—5% of Final Payment amount per Contract;
Between thirty (30) days and ten (10) days from the scheduled starting date of the Contract Period—50% of Final Payment amount per Contract;
Ten (10) days or less from the scheduled starting date of the Contract Period—75% of Final Payment amount per Contract;
On or after the scheduled starting date of the Contract Period—100% of Final Payment amount per Contract.
If we do not receive your Final Payment in full before, or on, the Final Payment Date, we will cancel your Contract and you will forfeit your Deposit, unless you advise us in writing prior to the Final Payment Date.
We reserve the right to terminate the Contract at any time without incurring any liability to you if:
you breach the Terms of the Contract;
we cease to provide our Products and Services;
Third Party Products and Services are no longer available;
we or our Third Party Providers are affected in any way by a force majeure event (see ‘Liability’) that prevents performance of a significant part of our obligations under the Terms and the Contract.
We reserve the right to terminate the Contract and exclude you from participating in our Products and Services if:
you fail to comply with our reasonable instructions and requests;
you compromise the safety, health, comfort and enjoyment of other participants in our Products and Services, or any other individuals;
you pose a hazard to yourself, other participants in our Products and Services, or any other individuals;
you interfere in any way with the provision of Products and Services by us or by our Third Party Providers;
you engage in illegal or undesirable behaviour, including intentional or malicious damage to the property of Third Party Providers.
We will not refund any payments made by you to us, and we will not be liable for any expenses that you may incur, if your Contract is terminated for any of these reasons.
There are inherent risks involved when you use, or participate in, some of our Products and Services. These risks may be associated with, but are not limited to, sharp utensils and implements, trip and slip hazards, high-risk foods such as raw seafood, weather, flora and fauna, terrain and natural hazards. By signing the Contract, you agree to accept all risks associated with our Products and Services.
You must disclose, at the time of signing of the Contract, all medical conditions you have that may affect your ability to use, or participate in, our Products and Services. We reserve the right to refuse or cancel your participation in our Products and Services if we consider that you are unable to safely use or participate in those Products or Services as a result of a medical condition or otherwise, or if we consider that your use or participation of those Products or Services may place the safety of other participants or individuals at risk. We exclude all liability for any illness, injury or death sustained by you through the use or participation in our Products or Services as a result of any pre-existing medical condition. We will not be responsible for, and you agree to release us from, any liability arising out of any medical condition, illness or injury that you may suffer as a result of using, or participating in, our Products and Services, both during and outside the Contract Period. You should consult your doctor or medical specialists before using or participating in our Products and Services, if you have any concerns.
LIABILITY AND INDEMNITY
The Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability to you is governed solely by the ACL and these Terms, if you are a consumer as defined in the ACL.
To the extent that we are unable to exclude liability, our total liability for any loss or damage suffered or incurred by you as a direct consequence of our Products and Services is limited to the total amount you have paid us for the Products and Services to which your claim relates, or, by agreement of both Parties, our re-supplying similar and comparable Products and Services to you.
We exclude, and you unconditionally release us from, all liability, including without limitation in contract and in tort, for any cause or action, including any injury, damage, loss, cost, delay, additional expense or inconvenience caused directly or indirectly as a result of the inherent risks (see ‘Risks’ ) associated with Products and Services provided by us or our Third Party Providers, or any force majeure events or other events which are beyond our control, including but not limited to war, civil disobedience, terrorism, insurrection, accident, explosion, sickness, fire, floods, severe weather, acts of God, acts of Government, alteration or cancellation of scheduled transport services, accidents to or failure of machinery or equipment or industrial action. We make no representation as to the actual safety or conditions of any geographic locations, venues and activities at the time of your participation in our Products and Services. It is your responsibility to determine the level of risk for geographic locations, venues and activities featured in our Products and Services.
As our Third Party Providers are outside our direct control, we do not warrant the performance of any Products or Services provided by Third Party Providers. We do not accept, and you release us from, all liability for any injury, loss, damage, costs or expenses, including without limitation any property damage or personal injury, that you may suffer which arises out of any act or omission of Third Party Provider we engage. Any claim that you may have in relation to a Third Party Provider should be raised directly with that Third Party Provider.
You agree to indemnify, defend and hold us harmless for and against all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
any information that is not correct, accurate, current or complete, or is misleading or a misrepresentation;
any breach of the Terms and the Contract; and
any misuse of our Products and Services from or by you, your employees, contractors, representatives or agents.
You are responsible for any injury, loss, damage, costs or expenses arising through your own fault. You agree to indemnify us against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against us) as a result of, or arising in relation to, whether directly or indirectly, your purchase and participation in Products and Services provided by us or our Third Party Providers, or any act or omission by you in relation to these Products and Services.
We do not accept liability for a failure to provide Products and Services, if our performance to deliver these Products and Services depends on your information or response, and you provide incomplete, incorrect, inaccurate, misleading, out-of-date or untimely information or response. We do not accept, and you release us from, all liability for any injury, loss, damage, costs or expenses, including without limitation any property damage or personal injury, that you may suffer as a result of any activity you undertake or products and services you purchase that are not provided by us or our Third Party Providers.
You agree to co-operate with us, at your cost, in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products and Services including, but not limited to, disputes, complaints, investigations or litigation that arises out of, or relates to, incomplete, incorrect, inaccurate, misleading, out-of-date or untimely information or response you have provided us.
The obligations under this clause will survive termination of this Contract.
We or our Third Party Providers own the copyright which subsists in all creative and literary works incorporated into our Materials. You agree that, as between you and us, we own the Intellectual Property in our Materials and nothing in the Contract constitutes a transfer of Intellectual Property ownership or other rights in our Materials, except as stated in the Contract or with our written permission.
Your use of our Materials does not grant you a licence, or act as a right of use of any of the Intellectual Property in the Materials, whether registered or unregistered, except as stated in the Contract or with our written permission.
You must not breach copyright or other Intellectual Property rights by, including but not limited to:
altering or modifying any of the Materials;
creating derivative works from the Materials; or
using our Materials for commercial purposes such as on-sale to third parties.
We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
Some of our Third Party Providers are private individuals and community organisations (Private Third Party Providers), and unauthorised disclosure to third parties and in the public domain of their location and contact information, including geographic coordinates, GPS location, physical address, e-mail address, telephone and fax numbers, constitutes a breach of privacy that may have a disruptive impact on the Private Third Party Providers and their local communities. On these grounds, we consider all location and contact information pertaining to these Private Third Party Providers Confidential Information. By signing the Contract, you agree not to disclose any location and contact information regarding Private Third Party Providers to any third party; to use all reasonable endeavours to protect such Confidential Information from any unauthorised disclosure; and only to use such Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
These obligations do not apply to Confidential Information that: is authorised to be disclosed; is in the public domain and/or is no longer confidential, except as a result of breach of these Terms; is received from a third party, except where there has been a breach of confidence; or must be disclosed by law or by a regulatory authority including under subpoena.
The obligations under this clause will survive termination of these Terms.
Personal information we may collect from you include, but not limited to: name, physical and postal address, e-mail address, telephone and fax number, dietary requirements, medical conditions, and personal preferences and opinions.
We may log information about your access and use of our Website, including through the use of Internet cookies, your communications with our Website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
We collect and use your personal information for purposes including:
to contact and communicate with you;
to provide our Products and Services or information on our Products and Services to you;
to access Products and Services from our Third Party Providers;
for internal record keeping, market research and business development.
We may disclose your personal information:
to our Third Party Providers, including Third Party Providers located outside of Australia, to access information, Products and Services of the Third Party Providers, for example, making reservations with a Third Party Provider as part of the Products and Services you purchase from us;
to third parties other than our Third Party Providers, including third parties located outside of Australia, who assist us in providing information, Products and Services to you;
to credit reporting agencies, courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal or debt recovery proceedings, or to establish, exercise or defend our legal rights;
to individuals, business entities, medical facilities, agencies and authorities located within and outside of Australia involved with any emergency response required during your participation in our Products and Services including, but not limited to, evacuation and medical treatment.
We will never disclose your personal information to a third party for our financial gain or for marketing purposes.
We will take reasonable steps to protect your personal information from misuse, interference and loss, unauthorised access, modification or disclosure. Only personnel authorised by us, including our Third Party Providers, are provided with access to your personal information.
We cannot guarantee the security of personal information transmitted using the Internet or mobile telecommunication technologies. Transmission and exchange of your personal information using the Internet or mobile telecommunication technologies is carried out at your own risk.
Where we no longer require your personal information, or where required by law, we will take reasonable steps to securely destroy or de-identify your personal information in accordance with legal requirements for retention and disposal.
You may request access to your personal information held by us, in accordance with the provisions of the Privacy Act. Requests to access personal information must be made in writing to us. You may request corrections or updates to your personal information held by us. Corrections and updates to your personal information must be made by you, or your authorised representative. Authorisation for your representative to make amendments to your personal information must be given in writing to us.
If you believe that we have breached the APP and wish to lodge a complaint regarding that breach, please contact us with the details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.
CONSUMER CLAIMS AND DISPUTES
If you have any concerns or complaints regarding our Products and Services, please contact us. We seek to resolve your concerns and complaints quickly and effectively. If you have any concerns or complaints during your participation in our Products and Services, please notify our representative immediately. Retrospective claims in the absence of evidence may compromise or deny your right to compensation. Unresolved claims should be forwarded to us in writing within thirty (30) days of the end date of our Service to you, together with supporting evidence. No claims made after this period will be considered.
These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the Australian Capital Territory. If part or all of any provision of these Terms is illegal or unenforceable, it will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms. We may vary these Terms from time to time. We will notify you in writing, if the Terms are varied during the period between your signing of the Contract and the end of the Contract Period.