Website Terms of Use for https://aeo.jp
(last updated on 11th September 2023)
About Localised
Localised Hong Kong Limited is registered in Hong Kong with its registered office at 27/F Alexandra House, 18 Chater Road, Central, Hong Kong ("Localised").
We are an authorised reseller of American Eagle and Aerie branded products in Japan.
When you make a purchase from https://aeo.jp (the "site") the legal contract is between you and Localised.
Application
These terms of use ("Terms of Use") apply to all users in the course of their usage of the site, including but not limited to visitors, customers, and registered users of the site ("Users"). By accessing or using the site, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms of Use, as well as our Privacy Policy, Cookie Policy and any other policies, guidelines, or terms posted on the site.
If you purchase goods or services from our site, our Terms and Conditions of Sale will apply to your purchase.
If you do not agree to these Terms of Use you must not use the site.
We may change these Terms of Use from time to time and you should check them regularly. Every time you visit the site, please check these Terms of Use to ensure you understand the Terms of Use that apply at that time. The date of the last update is shown at the beginning of these Terms of Use.
The site is directed to Users in Japan
The site is directed to Users residing in Japan. We cannot guarantee that content available on or through the site is appropriate for use or available in other locations.
No person under the age of 17 years is authorised to access or use the site. User access to, and use of, the site is subject to compliance with all applicable laws and regulations. Use of the site is void where prohibited. By using the site, you confirm that you are at least 17 years of age and that you have the right, authority and capacity to access/use the site and abide by these Terms of Use.
We may suspend or withdraw the site
We do not guarantee that the site, or any content on it, will always be available, uninterrupted or error free. We may suspend, withdraw or restrict the availability of all or any part of the site for business or operational reasons, at our complete discretion.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
User Account and Login Details
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the site security procedures and/or to set up and operate an account on the site ("Login Details") you must treat such information as confidential. You must not disclose such information to any third party.
Information gathered through the registration process and any other information related to your account will be subject to these Terms of Use as well as to our Privacy Policy. You confirm that you are at least 17 years of age and that all information provided by you when creating your account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your account.
By creating an account, you represent and warrant that you are at least the minimum age required to provide consent to the collection, use, and disclosure of your personal information under applicable laws, or that you have obtained the consent of your parent or legal guardian to use the site and create an account.
We have the right to disable any Login Details, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or there is otherwise any risk of loss or damage to any person.
If you know or suspect that anyone other than you is aware of your Login Details, you must promptly notify our customer service team here. You agree not to use your account or Login Details for any illegal, unauthorised, or improper purposes, including, but not limited to, impersonating another person or entity, harassment of other Users, spamming, accessing another user's Login Details without permission, or attempting to interfere with the operation of the site or its services.
How you may use material on the site
We are the owner or the licensee of all intellectual property rights used in the site, and in the material published on it. Those works are protected by copyright and other laws. All rights in such intellectual property rights are reserved.
If you print off, copy or download any part of the site in breach of these Terms of Use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance upon information on the site
The content we place on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.
Although we do our best to update the information on the site, we cannot guarantee that the content on the site is accurate, complete or up to date.
Links to other websites
Where the site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over those resources, and such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them. We make no guarantee as to the accuracy or security or safety of third-party content, so you should make your own decision and check you are comfortable before clicking on a link. We reserve the right to receive payment or commission from third-party websites from our site.
Linking to the site
You may link to the site home page, provided you do so on a website that is owned by you, in a way that is fair and legal and does not damage our or any one or more of our clients' reputation or goodwill or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement with us or any of our clients where none exists, and we reserve the right to withdraw linking permission without notice. If you are unsure about whether your proposed link to our site is permitted by these Terms of Use, contact us first before publishing the link on your website or any other website.
The website to which you are linking must comply in all respects with the site content standards set out below.
Site content standards
The site content standards apply to any and all material which you upload to the site.
You must comply with, and adhere to, the site content standards at all times.
A contribution to the site must be accurate (where it states facts), genuinely held (where it states opinions), and comply with applicable law.
A contribution must not:
• be defamatory, obscene, offensive, hateful or inflammatory;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other protected attributes under applicable law;
• infringe any copyright, database right or trademark of any other person or any other intellectual property right;
• be likely to deceive any person;
• breach any legal duty owed to a third party or be in contempt of court;
• impersonate any person or misrepresent your identity or affiliation with any person;
• give the impression that the contribution emanates from Localised, if this is not the case;
• contain any advertising or promote any services or web links to other sites; or
• breach any applicable laws.
Uploading content to the site and our use of the same
When you upload or post content to our site, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever; and
- a worldwide, non-exclusive, royalty-free, transferable licence for other Users, partners or advertisers to use the content in accordance with the functionality of the site forever.
You agree that we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the site infringes their rights.
We may remove any content if, in our opinion, it does not comply with the site content standards.
You are solely responsible for securing and backing up your content.
User generated content on the site
The site may include information and materials uploaded by other Users, which have not been verified or approved by us. The views expressed by other Users may not, therefore, necessarily represent views or values of Localised.
If you wish to complain about information and materials uploaded by other Users, please contact our customer services team at any time here.
Our use of your personal information
We may choose to observe how our site is being used by Users. You agree that we can monitor your use of our site to make sure you're not breaking these Terms of Use, understand how our site is being used, learn and make improvements.
We recommend that you read our Privacy Policy, which explains how and why we use, store and disclose your data, and your legal rights.
Prohibited uses of the site
You may use the site only for lawful purposes and in accordance with applicable laws. You must not use the site:
• to send, knowingly or unknowingly receive, upload, download, use or re-use any material which does not comply with the site content standards;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
• reproduce, duplicate, copy or re-sell any part of the site in contravention of these Terms of Use; or
• access without authority, interfere with, damage or disrupt any part of the site, including the equipment it is stored on, or software used to provide it.
If we determine that you have engaged in any of the prohibited uses, we reserve the right to refuse you access to the site.
Site security
We do not guarantee that the site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored/hosted or any server, computer or database connected to the site.
Exclusion of Warranty & Limitation of Liability
LOCALISED MAKES NO WARRANTY OF ANY KIND REGARDING THE SITE AND AND/OR ANY MATERIALS PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. LOCALISED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LOCALISED DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LOCALISED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE, OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
LOCALISED ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE . LOCALISED ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MIGHT HAPPEN AS A RESULT OF LOSS OR MISUSE OF YOUR LOGIN DETAILS OR OTHER DATA BY YOU OR A THIRD PARTY.
LOCALISED HAS NO RESPONSIBILITY TO COMPENSATE YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF EARNINGS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF YOU USE OUR SITE IN A BUSINESS CAPACITY IN BREACH OF THESE TERMS, THEN TO THE EXTENT PERMITTED BY LAW WE WILL NOT HAVE ANY RESPONSIBILITY TO YOU. IN NO EVENT SHALL LOCALISED BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR CONTENT FOUND THEREIN.
The exclusion of warranty and limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (A) liability resulting from our gross negligence or wilful misconduct and (B) death or bodily injury resulting from our acts or omissions.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Terms and Conditions of Sale that apply at your time of purchase.
Effect of limitations on warranties and liabilities on your statutory rights
Your statutory rights are not displaced or inhibited in any way by contractual exclusions or limitations.
The exclusion of warranty and limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (A) liability resulting from our gross negligence or wilful misconduct,(B) death or bodily injury resulting from our acts or omissions (C) any breaches of your consumer rights under Japanese Consumer Law, including any implied terms for Japanese consumers, such as consumer guarantees.
Transferring these Terms of Use
In the future, we might transfer the rights and obligations we have under these Terms of Use to another company, provided it doesn't materially affect your rights.
You can't transfer your rights or obligations under these Terms of Use to anybody else. This is because these Terms of Use are personal to you and nobody else is entitled to benefit from them.
Governing law
These Terms of Use are governed by Japanese law and the Tokyo District Courts will have jurisdiction over any claim.
Nothing in these Terms of Use limits any rights a consumer might have under applicable consumer protection laws.
Localised and its clients' trademarks
"Localised" is a registered trademark of Localised IP Limited and is used under license by us. Our clients are the owners or licensors of their trademarks which are shown on the site (and which we have a licence to use). You are not permitted to use the "Localised" trademark or any of our clients' trademarks.
Complaints and disputes
If you have any complaints or concerns regarding the site, its content, products, or services, you are encouraged to contact us promptly.
We may decide not to participate in any consumer resolution proceedings before a consumer arbitration board and may choose not to participate in any online dispute resolution proceedings.
Contacting us
You can contact our customer services team at any time by email at hello@aeoapac.com