Welcome to GRATiAE.CO.JP (hereinafter referred to as the "Site")! GRATiAE JAPAN (hereinafter referred to as "GRATiAE") provides the content and services available on the Site in accordance with the following terms, privacy policy, and other terms and policies that may be found on the Site relating to specific features, promotions, or customer services. By accessing or using the Site, you agree to read, understand, and be bound by these terms and conditions without limitation.

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1. Privacy Policy

Please review our Privacy Policy to understand our privacy practices.

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2. Products and Services for Personal Use

The products and services available on the Site, as well as any samples provided by us, are intended for personal use only. You may not resell or distribute products, services, or samples purchased from us or received through other means. We reserve the right to cancel or reduce orders or quantities of products or services to be provided to you, with or without notice, if we determine, at our sole discretion, that your actions may result in a violation of our terms of use.

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3. Purchase-related Policies and Procedures

Please refer here for policies and procedures regarding orders made through the Site (order processing, shipping and handling, returns and exchanges, etc.).

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4. Accuracy of Information

While we strive to describe products on the Site as accurately as possible, within the limits permitted by applicable law, we do not guarantee that the descriptions, colors, information, or other content of products available on the Site are accurate, complete, reliable, up-to-date, or error-free.

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5. Intellectual Property

All information and content available on the Site, including but not limited to trademarks, logos, service marks, text, graphics, logo, button icons, images, audio clips, data compilations, software, and their editing and arrangement (collectively referred to as "Content"), are the property of GRATiAE JAPAN, our affiliates, partners, or licensors, and are protected by copyright and trademark laws, including those of the United States and international laws.Except as provided in the limited license in Section 6 below, or as required by applicable law, you may not use, reproduce, copy, sell, resell, access, modify, or otherwise use any portion of the Content or the Site for any purpose without our prior express written consent.

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6. Limited License

"We grant you a limited, revocable, non-exclusive license to access and use the Site for personal use only. This limited license does not include the following rights:
(a) framing the Site or any part thereof; (b) republication, redistribution, transmission, sale, licensing, downloading of the Site and Content (except caching or necessary for browsing the Site); (c) using the Site and Content for any purpose other than personal use; (d) modifying, reverse engineering, or creating derivative works based on the Site and Content; (e) collecting account information for yourself or others' benefit; (f) using meta tags or other "hidden text" using any part or all of the Content; (g) using software robots, spiders, crawlers, or similar data collection and extraction tools, or any other act that may unreasonably burden or load our infrastructure.

You must retain all copyright notices posted on, attached to, or contained within all Content or the Site and you must not alter them in any way."

Additionally, we grant you a limited, revocable, and non-exclusive license to create hyperlinks to the homepage of the Site for personal and non-commercial use only. Websites linking to the Site may: (i) link to any part or all of the Content, but may not replicate it; (ii) not imply that we endorse the linked website or its services or products, (iii) not misrepresent its relationship with us, (iv) not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner, and (v) not link to any page of the Site other than the homepage. We reserve the right to request the removal of any links to the Site at our discretion. Upon such request, you must immediately remove such links, and you agree to cease any further linking unless otherwise permitted by us in writing.

The limited license granted under this Section 6 automatically terminates if you use the Site or any Content in violation of these Terms or in a manner that may otherwise infringe on the rights granted by applicable law or by other remedies provided in these Terms.

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7. Your Duties and Responsibilities

By accessing or using the Site, you agree to comply with these Terms and any special warnings or instructions posted on the Site regarding access or use. You agree to always act in accordance with applicable laws, customs, and good faith. You must not modify or interfere with the Site or the content and services provided therein in any way that may impair the integrity or operation of the Site. Without limiting the generality of other provisions of these Terms, you shall be liable for any loss or damage incurred by GRATiAE JAPAN, our affiliates, partners, or licensors resulting from your failure to fulfill the obligations set forth in these Terms due to negligence or intentional misconduct.

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8. Your Account

Individuals aged 13 or older may register on our Site. If you are not 13 or older, please do not register. If you are 13 or older and register, you will be provided with an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. You agree to provide information that is up-to-date, complete, accurate, and true. You agree to be responsible for all activities that occur under your account, username, and password. If you access or use the Site on behalf of another person, you represent that you have the authority to bind such person to these Terms and agree to be bound by these Terms to the extent such access or use violates the rights of GRATiAE JAPAN or leads to misuse of the Site or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if we determine, at our sole discretion, that such action is in the best interest of GRATiAE JAPAN Online.

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9. Third-Party Links
We are not responsible for the content of pages or other websites linked to or from the Site. Links provided on the Site are for convenience only, and we do not guarantee the content, products, services, or suppliers referred to on linked pages, nor do we endorse them. You visit off-site pages and other websites at your own risk. We do not investigate or evaluate off-site pages or other websites linked from the Site, and we do not warrant or assume any responsibility for their actions, content, products, or services (including their privacy policies and terms and conditions). You should carefully review the terms and privacy policies of all off-site pages and other websites visited.

 

10. Special Features, Functionality, Events

On this Site, (a) specific special features and functionalities or events (such as contests, sweepstakes, or other offerings) may be provided, which are subject to additional or alternative terms of use, rules, and/or policies in addition to these Terms, or (b) may be governed by such terms, rules, and/or policies provided by the Company or third parties. In such cases, the Company will notify you accordingly. If you choose to participate in these offerings, you agree that your participation is subject to such additional or individual terms of use, rules, and/or policies.

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11. Submission Content

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Our company's policy is to reject unsolicited proposals or ideas. Regardless of our policy regarding unsolicited proposals and ideas, any inquiries, feedback, suggestions, ideas, or other information (hereinafter collectively referred to as "Submissions") that you provide to our company will be treated as non-exclusive and non-confidential. By submitting or posting Submissions in accordance with our Privacy Policy, you hereby grant to us the full ownership rights to the Submissions as if we had created, developed, and posted the Submissions for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, transfer, or otherwise utilize the Submissions in any form, media, or technology, whether currently known or developed in the future, alone or as part of other works, in our products or services, or in connection with them, in any manner we deem appropriate. Additionally, you acknowledge that your Submissions will not be returned to you, and you agree that we may use your Submissions, including any ideas, concepts, or know-how contained therein, without any monetary or other form of compensation, for any purpose including but not limited to product development, manufacturing, distribution, and marketing. You represent and warrant that you own the rights to your Submissions or otherwise control them in any manner. Furthermore, you represent and warrant that your Submissions do not contain any software viruses, commercial solicitation, chain letters, bulk mail, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for any claims arising from your Submissions or any damages resulting from them.

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12. User Content

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If you submit, upload, post, email, or otherwise make available data, text, software, music, audio, photographs, graphics, images, videos, messages, or other materials (hereinafter, "User Content") on this site, you are solely responsible for such User Content. Such User Content constitutes Submissions under the aforementioned Section 11. In other words, for all User Content posted on this site, responsibility lies with all third parties, not us. You agree not to (a) engage in the submission, uploading, posting, emailing, or making available of User Content that is illegal, harmful, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or to assist or encourage others in doing so; (b) submit, upload, post, email, or make available User Content for which you do not have the rights to make available under law or under contractual or fiduciary relationships; (c) submit, upload, post, email, or make available User Content that is false, misleading, or deceptive; (d) submit, upload, post, email, or make available User Content that you have received or granted any consideration from or to a third party; (e) submit, upload, post, email, or make available User Content that infringes on the patents, trademarks, trade secrets, copyrights, or other proprietary rights of third parties. Furthermore, you agree not to send, upload, post, email, or otherwise make available software viruses, unauthorized or unsolicited advertising, solicitations, or promotional materials (including chain letters, mass mailings, or any form of "spam"). You also agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) engage in harassment, including harassment that advocates stalking or causing harm to others, or causing harm to minors in any way; (iii) manipulate identifiers to disguise the origin of User Content or to falsify the source of User Content; (iv) violate any applicable local, state, national, or international law, intentionally or unintentionally; (v) collect or store data about identifiable individuals related to other users.We do not endorse or control User Content submitted or posted on this site and, therefore, do not guarantee the accuracy, completeness, or quality of User Content. By using this site, you understand that you may be exposed to User Content that is offensive, vulgar, or objectionable to you. In no event shall we be liable for any losses or damages, including but not limited to errors, omissions, or the use of User Content that has been sent, uploaded, posted, emailed, or otherwise made available through this site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any User Content and to modify, shrink, or delete any User Content. Without limiting the generality of the foregoing or any other provisions of these Terms of Use, we reserve the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, and to deny or terminate service without prior notice to users who violate these Terms of Use or infringe upon the rights of others.

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13. Copyright Claims

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We respect the intellectual property of others. If you believe that copyrighted material is being copied on this site in a manner that constitutes copyright infringement, please refer to our Digital Millennium Copyright Act Notice Policy at the bottom of this page for information on how to notify us of infringement.

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14. Representations and Warranties, Limitation of Liability

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This site is provided "as is." We make no representations or warranties of any kind, express or implied, regarding this Terms of Use or this site. This includes, but is not limited to, warranties of merchantability, non-infringement, and fitness for a particular purpose. To the maximum extent permitted by applicable law, you agree that in no event shall we be liable for (a) business interruption, (b) access delays or access interruptions to the site, (c) data non-delivery, misdelivery, corruption, destruction, or other modification, (d) losses or damages resulting from transactions with external links on the site or the presence of external links on the site, (e) computer viruses, system failures, or malfunctions resulting from your use of the site, including hyperlinks to third-party websites, (f) inaccuracies or omissions in content, (g) events beyond our reasonable control. Furthermore, to the maximum extent permitted by law, we shall not be liable for any indirect, special, punitive, incidental, or consequential damages (including lost profits) arising from or in connection with this site or its use, regardless of whether we have been advised of the possibility of such damages. In any event, our maximum total liability shall not exceed $100. You agree that any claim or lawsuit arising from or related to the use of this site or these Terms of Use shall not be brought by you more than one year after the cause of action related to such claim or lawsuit arises.

 

15. Indemnification

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You agree to defend, indemnify, and hold harmless the Company from any and all losses, damages, or expenses, including reasonable attorney fees, arising from third-party claims, suits, or demands resulting from your use of the Site or your violation of these Terms. Additionally, you agree to indemnify the Company for any losses, damages, or expenses, including reasonable attorney fees, resulting from acts such as the use of software robots, spiders, crawlers, or similar data collection and extraction tools, or any other actions that unreasonably burden or load our infrastructure.

16. Dispute Resolution

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All rights, obligations, and acts intended by these Terms, as well as any disputes related to the Site, shall be governed by the laws of the State of New York as if these Terms were a contract fully executed and performed within the State of New York, excluding any conflicts of law provisions. However, if you have in any way infringed or may infringe upon our intellectual property rights or those of our affiliates, partners, or licensors, or if there is a cause of action in equity, we may seek injunctive relief or other appropriate remedies from the jurisdictional courts, and you consent to the jurisdiction and venue of such courts for such purposes. Arbitration under this Agreement shall be conducted pursuant to the then-current Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any arbitration under this Agreement, whether through individual or class arbitration proceedings, shall not involve any other party subject to these Terms. 

 

17. Consent to Electronic Notice on Site and Receipt of Notice via Mail

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You agree that all consent, notice, disclosure, and other communication (collectively, "Notices") referenced in these Terms may be received from the Company through email or by posting on the Site. You further agree that all notices provided electronically by the Company shall satisfy any legal requirements that such communications be in writing. To withdraw consent to receive notices electronically, please notify us via email at info@gratiae.co.jp.

In such cases, please discontinue use of the Site, including any hyperlinks. In such cases, all rights granted to you under these Terms (including but not limited to the limited license described in Section 6 of this Agreement) shall automatically terminate. Unfortunately, we cannot provide the benefits of the Site to users who do not agree to receive electronic notices. Please note that consent to receipt of notices is separate from your choices regarding receipt of marketing communications, which are outlined in our Privacy Policy.

 

18. General

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You acknowledge and agree that these Terms constitute the complete and exclusive agreement regarding your use of the Site, superseding all prior proposals, agreements, or other communications, and govern your use thereof. 

The Company reserves the right, at its sole discretion, to modify the Site and these Terms at any time by posting changes and providing notice of such changes, which shall be effective immediately upon posting. Following such changes, your continued use of the Site will constitute your acceptance of the modified terms. The Company may terminate any rights granted under these Terms at any time, with or without prior notice. You agree to immediately comply with any such termination or other notice.

No provision of these Terms shall be interpreted as establishing an agency, partnership, or other form of joint venture between us. Failure by us to enforce any provision of these Terms shall not be construed as a waiver of any rights under these Terms, nor shall any waiver of a breach of any provision be deemed as a waiver of subsequent breaches or of the provision itself. If any provision of these Terms is determined to be unenforceable or invalid under applicable law or by a court or arbitrator decision, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of these Terms, and the provisions shall be modified by the arbitrator to reflect the original intent of the parties to the fullest extent possible.

For any questions regarding these Terms, please contact us at info@gratiae.co.jp. 

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If you believe material protected by copyright has been copied in a manner that constitutes copyright infringement on the Site, please follow the procedures outlined in our Digital Millennium Copyright Act Notice Policy, located at the bottom of this page, to notify us of the infringement.

Terms of Use and Privacy Policy

If GRATiAE E-Gift Cards obtained through fraudulent means are used or attempted to be used, gratiae.co.jp reserves the right to close your account or request an alternative method of payment.

 

GRATiAE and its affiliates make no warranties, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, with respect to E-Gift Cards. If the code for a GRATiAE E-Gift Card does not function, the sole remedy and our sole liability shall be the replacement of the GRATiAE E-Gift Card.

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