Terms of Service Agreement
Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Japan Yum. You may not otherwise copy, modify, or distribute the contents of this Site. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site or Japan Yum's network security, or attempting to use the Site's service to gain unauthorized access to any other computer system; and
- Using the Site to drop ship merchandise to third parties
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Account Registration & Membership
In order to access certain services, such as purchasing a Subscription, on the Site, you will be required to register a member account ("Membership") and provide specific information about yourself. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. Membership is void where prohibited by law.
Site Accessibility & Minor Policy
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant Japan Yum a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Japan Yum. You acknowledge and agree that you are solely responsible for all the user data that you make available through Japan Yum. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Japan Yum the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Japan Yum use of your uploaded data (or any portion thereof) on, through or by the means of Japan Yum will infringe, misappropriate or violate a third partys' patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Billing and Payments
As a Member, you agree to the following benefits and Terms:
- You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the 20th of each month should not be expected to reflect on the subscription until the following shipping period.
Subscription Service Contract
Japan Yum offers three subscription plan ("Subscription") types: rebillable monthly subscriptions ("Monthly Subscriptions"); prepaid subscriptions of three, six, or twelve month terms ("Pre-Paid Subscriptions"); and gift subscriptions of both rebillable monthly or three, six or twelve month pre-paid terms ("Gift Subscriptions"). Members will receive one Japan Yum snack box ("Box") per month with the purchase of a Subscription for the entire duration of the subscription's term, so long as their payment method is successfully charged. Subscriptions are renewed on first of every month after their respective subscription term has ended.
By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must logon to your account and follow the cancellation procedures or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Japan Yum may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Japan Yum reasonably could act.
By purchasing a Pre-Paid Subscription, you acknowledge that your subscription has an initial pre-payment feature for either three, six, or twelve months of service. At the end of the chosen term, your subscription will be automatically extended for another term of either three, six, or twelve months, respectively, and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. You may cancel a Pre-Paid Subscription at anytime to avoid future renewals; however, any pre-paid fees that have been charged and processed are non-refundable.
By purchasing a Gift Subscription, you acknowledge that your subscription has an initial pre-payment feature for either three, six, or twelve months of gift service. At the end of the chosen term, your gift subscription will be automatically extended for another term of either three, six, or twelve months, respectively, and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. You may cancel a Gift Subscription at anytime to avoid future renewals; however, any pre-paid fees that have been charged and processed are non-refundable.
Gift Card & Gift Card Balance Contract
Japan Yum offers gift cards ("Gift Cards", "Gift Card Code", "Gift Codes") in multiples of $25, up to $100 per Gift Card, for purchase on its shop page. All Gift Cards are electronic and will be automatically emailed to the buyer upon purchase for the specified value amount. No shipping fees or taxes apply to the purchase of Gift Cards. All Gift Card purchases are final and non-refundable.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Japan Yum on www.japanyum.com. Once redeemed, the Gift Card amount will be applied to your account's gift card balance ("Gift Card Balance"). Gift Cards may be redeemed either during the checkout process or added to your account's Gift Card Balance by logging into your Japan Yum account.
Your Gift Card Balance cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Gift Card Balance may be transferred to another Japan Yum account. You may view your Gift Card Balance by visiting Your Account on japanyum.com.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen or destroyed or your Gift Card Balance or any Gift Card is used without your permission.
Use of Gift Card Balance or any Gift Card in Violation of these Terms and Conditions
We reserve the right to void Gift Cards or any other component of your Gift Card Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used or applied to an Japan Yum account (or your Gift Card Balance is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these terms and conditions.
Limitation of Liability
We make no warranties, express or implied, with respect to gift cards or your gift card balance, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift card is non-functional, your sole remedy, and our sole liability, will be the replacement of that gift card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
The Japan Yum Terms of Service apply. Gift Cards are issued by Japan Yum, a New York corporation. When you purchase, receive or apply a Gift Card to your account or your Gift Card Balance to a purchase, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Japan Yum and its affiliates related to your use of a Gift Card or your Gift Card Balance. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Gift Card Balance Expiration
Japan Yum Gift Cards and Gift Card Balances do not expire.
Pricing & Sales Tax
Japan Yum reserves the right to change the prices and available subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current subscription term. For avoidance of doubt, the subscription term of a Month-to-Month Subscription is one (1) month. Prices displayed for our services are quoted in USD and are valid only in the United States.
Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Subscriptions may be cancelled at any time. Subscription cancellations will only cancel any future Subscription renewals from being charged and processed. Cancellations will not refund any payments that have already been charged. It is the responsibility of each Member to cancel their Subscription before it renews. Failure to cancel a Subscription before the renewal date will result in an automatic renewal charge and will not be refunded. Once cancelled, a Subscription will no longer auto-renew and the Member will no longer receive a Box each month. Cancelled Subscriptions may be reactivated at any time by the Member through their account page on the Site.
The contents of each Box are curated by the staff at Japan Yum. We do not allow returns or substitutions of anything in your Box. Should Japan Yum decide to honor a return as determined in its sole discretion, we will we will request that you return the box using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases. Should a Box be returned to us by the postal courier due to an incorrect address or multiple failed attempts, we will contact you and present you with either the option to reship the Box or process a refund for the Box. In the case of reshipment, you will be charged for the cost of reshipping. In the case of a refund, you will be refunded the total amount paid for the Box, less the shipping fee or a 20% restocking fee, whichever is greater.
Promotional Codes & Contest Terms
Japan Yum may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Site. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Japan Yum at any time in its sole discretion.
Japan Yum may also, from time to time in its sole discretion, offer contests and giveaways ("Contests"). Contests provide additional terms of service required for entry and may differ between each Contest. All Contest terms of service will be accessible on the footer (bottom) of the Contest widget or page. It is your responsibility to familiarize yourself with these terms and by entering a Contest, you agree to its individual and unique the terms of service in addition to the Terms of this Site.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
Copyright & Trademarks
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Japan Yum and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Japan Yum. Copyright 2015 Japan Yum. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of Japan Yum on the Site are trademarks or registered trademarks of Japan Yum, or of their respective owners.
Except as otherwise specifically provided, the Site and the products offered on the Site are provided on as "as is" and "as available" basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Japan Yum disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Japan Yum does not represent or warrant that the functions contained on the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free or viruses or other harmful components. Japan Yum does not make any warrantees or representations regarding the use of the materials on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
In no event shall Japan Yum, its parent company, subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this Site be liable to any Member of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or injury) arising out of the use or inability to use the Site or its Services, whether based upon warranty, contract, tort, or otherwise, even if Japan Yum has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Japan Yum, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this Site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Japan Yum in connection with the event giving rise to such liability.
You hereby acknowledge that the preceding paragraph shall apply to all content, products, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all Members.
Furthermore, Japan Yum is not liable for any injuries or damages caused by the products within the Box. Japan Yum only offers the curation of products inside each Box, sole responsibility for such liabilities lies with the product's brand or manufacturer, not Japan Yum.
You agree to indemnify, defend, and hold harmless Japan Yum, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The laws of the State of New York shall govern these Terms without regard to conflict of laws provisions.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links: In an attempt to provide increased value to our visitors, Japan Yum may link to sites operated by third parties. However, Japan Yum has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Japan Yum. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Japan Yum seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Miscellaneous: Your use of the Site is governed in all respects by the laws of the state of New York, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and Japan Yum's services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York County, New York, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms constitute the entire agreement between you and Japan Yum with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Japan Yum may assign its rights and duties under this Agreement to any party at any time without notice to you.