DEFINITIONS 

• “Takehiko Hashimoto”, “Deeply Regional Japan®”, “we”, “our” and “us” means Takehiko Hashimoto ABN 17594801316 trading as Deeply Regional Japan Tours;


• “GST” means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;

• “Order” means a request to enter into agreement to purchase our Product via our Website;

• “Price’ means the purchase cost of a Product as advertised on our Website;

• “Product” means any good offered on a commercial basis advertised on our Website or provided by 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 the sale and delivery of a Product for your Order;

• “Terms” means these Terms and Conditions;

• “Terms of Use” means our Website Terms of Use;

• “Website” means the internet site www.deeplyregionaljapan.com operated by us;

•  “you” or “your” means the user of our Website for the purpose of purchasing our Products.

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AGREEMENT TO BE BOUND BY THESE TERMS

By using our Website to purchase our Products, you agree to be bound by and accept these Terms. Our Website Terms of Use set out the terms and conditions for using our Website.  Our Privacy Policy sets out how we collect, use and protect your personal information.  These are available on our Website.

 

ORDERS
We accept Orders for delivery within Australia only. By placing an Order via our Website, you are offering to enter into an agreement to purchase our Product and you warrant that there are no legal restrictions preventing you from entering into this agreement. An agreement to purchase our Product will be formed when we receive your Order and full Payment and we send an Order confirmation to your nominated e-mail address. Each Order you place will form a separate agreement between you and us. A tax invoice and payment receipt will be issued when we dispatch our Order. You are required to provide us with accurate, complete and current information when you place your Order with us. We will not be liable for any loss, damage, delay, cost or inconvenience caused by inaccurate, incomplete or out-of-date information you provide.

 

AVAILABILITY OF PRODUCTS
From time to time, some Products advertised on our Website may become unavailable temporarily or permanently. Although we endeavour to keep information on our Website accurate and current, a Product in your Order may become unavailable after the time you place your Order. If a Product in your Order is unavailable, we will refund you the part of your Payment equal to the Price of the unavailable Product. We cannot be held liable for any loss, damage, delay, cost or inconvenience caused by the unavailability of our Products, including when caused through inaccurate or out-of-date information on our Website.

 

PRICE AND PAYMENT
All Prices advertised on our Website are in Australian Dollars (AUD) and, if GST applies, inclusive of GST. Prices for Products do not include delivery charges. Prices advertised on our Website may be subject to change without notice. By placing an Order, you agree to pay the total Price for your Order and applicable delivery charges. Your Order will be processed and dispatched upon successful receipt of your full payment. We will contact you if your payment cannot be processed. Payment methods we accept are specified on our Website. Credit card payments via our Website are processed using payment gateways of Third-Party Providers with the highest level of security certification by the Payment Card Industry Data Security Standards (PCI DSS Level 1). Your transactions via our Website are secured by a SSL (Secure Sockets Layer) certification and TLS (Transport Layer Security) encryption. We do not store your credit card information on our Website. You warrant that you have not engaged in any fraudulent conduct, criminal activity or contravened any law when making or attempting to make your Payment.

 

DELIVERY
We accept Orders for delivery to an address within Australia only. We use Australia Post for deliveries of all Orders except in the Canberra Region (Australian Capital Territory, Queanbeyan, Murrumbateman, Gundaroo and Bungendore). Discounted shipping using private courier service may be available in the Canberra Region, subject to courier availability. Please contact us before finalising your Order to check for available delivery options, if your delivery address is located within the Canberra Region. Delivery times may vary according to demand, force majeure or other events for which we are not responsible. We will not be liable for any loss, damage, delay, cost or inconvenience arising from delivery delays by Australia Post or courier services we use to deliver your Order. You are required to provide us with accurate, complete and current information for the delivery of your Order. We will not be liable for any loss, damage, delay, cost or inconvenience caused by inaccurate, incomplete or out-of-date information you provide.

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RETURNS AND EXCHANGES
If you are not fully satisfied with a Product in your Order, you are required to contact us within 48 hours of receiving the Order stating the reason for your dissatisfaction. If we assess that your dissatisfaction cannot be resolved, you will be required to return the purchased Product to us for a refund. We may offer you the choice of an exchange or refund, if another Product of equivalent Price is available for exchange with the Product you return to us. We will process your refund or exchange upon receipt of the returned Product. We will not cover the cost incurred by you for the return of our Product for a refund or exchange. We will not provide a refund or exchange for a Product that has been used, damaged or altered by you since delivery of your Order, or for a Product that is damaged in transit when you return the Product to us.

Damaged goods
 

If your Order is delivered to you in a damaged condition or the Product in your Order is faulty, you are required to notify us within 24 hours of receiving the Order with photographic evidence clearly showing the condition of the damaged or faulty Product and packaging at the time of delivery of the Order to you. You will be required to return the Product to us for a refund. We may offer you the choice of an exchange or refund, if another Product of equivalent Price is available for exchange with the Product you return to us. We will process your refund or exchange upon receipt of the returned Product. We will cover the cost incurred by you for the return of the damaged or faulty Product to us, which will be refunded to you upon provision of documentary evidence for the incurred cost such as a tax invoice or receipt.

 

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, in tort, under statute or otherwise, for any cause or action, including any loss, damage, delay, cost or inconvenience, including without limitation personal injury, property damage, loss of revenue or reputational damage, caused directly or indirectly as a result of your purchase and use of our Products and Services.

 

As our Third Party Providers are outside our direct control, we do not warrant the performance of any Services provided by our Third Party Providers, including but not limited to credit card payment gateway and delivery service providers. We do not accept, and you release us from, all liability for any loss, damage, delay, cost or inconvenience 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 or in connection with these Terms.

 

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.

 

PRIVACY POLICY

In accordance with the Australian Privacy Principles (APPs) as outlined in the Privacy Act 1988 (Cth) (Privacy Act), we are committed to protecting the privacy of your personal information that we collect through our Website or directly from you. By purchasing Products and Services provided by us or our Third Party Providers, you accept our Privacy Policy as set out herein. You may elect not to provide personal information to us, however, it may affect your access to our Products and Services.

Personal information we may collect from you include, but not limited to: name, street or postal address, e-mail address, telephone number, and credit card details.

 

Your credit card details will be used solely to process your payment to us. We will not store your credit card details on our Website or other data storage media.

 

We may log information about your access and use of our Website, including through the use of Internet cookies, your communications with our Website, your IP address, and type of browser you are using.

 

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 of our Third Party Providers that are essential for providing our Products and Services to you;

• 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 their Products and Services that are essential for providing our 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.

 

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.

 

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.

 

INTELLECTUAL PROPERTY

The copyright of all Website content and information provided by us and our Third {party Providers in relation to your purchase of Products from us, including but not limited to text, graphics, information architecture and coding, resides with us or our Third Party Provider. Your use of our Website and information does not constitute a transfer of Intellectual Property ownership or other rights in our Website content and other information or that of our Third Party Providers, whether registered or unregistered, except as otherwise stated or with our written permission.

 

You may download, display, print and reproduce our Website content and information solely for your non-commercial and personal use, provided that they are unaltered and includes an attribution of the source.

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. 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 our provision of Products and Services to you, unless otherwise stated, together with supporting evidence. No claims made after this period will be considered.

 

JURISDICTION

These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. You agree to irrevocably and unconditionally submit 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 reserve the right to vary these Terms without notice.