Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://tyaeda80.wixsite.com/website (the "Service"). 
You must be able to form a binding contract in order to order the services offered through JAPAN DIRECT. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms as well as our Privacy Policy. These Terms and Conditions apply to any services offered or provided through the website JAPAN DIRECT.


Definitions
The following definitions apply:
“Terms” – the following terms and conditions together with our “Privacy Policy”
“Site” – all the information and content available online on the online address https://tyaeda80.wixsite.com/website
“User” – any visitor of the website who is able to order JAPAN DIRECT’s services for himself or for the third party
“Service” – any service offered by JAPAN DIRECT.
“Price”, “fee”, “cost” – the amount which is to be paid for the services.

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Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Communication
By entering your email address on our website, you agree to receive emails from us.
Any update or any email, which must be sent to the User, will be sent to the email address of the User’s account. 



Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by JAPAN DIRECT. JAPAN DIRECT has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that JAPAN DIRECT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
 


Scope of Services
Please note that the listed prices do include VAT. All services must be paid upfront.

 

Trademark Registration: Start Up Partner IP Firm is engaged for the purpose of filing a trademark application with the JPO on your behalf. Our representation shall include any activities that are reasonably necessary achieve that goal, including: reviewing information submitted to the firm, communicating with you regarding your prospective application, conducting a knockout search, preparing, transmitting JPO application fees and registration fees on your behalf, filing a trademark application with the JPO. 
 

Knock Out Search: Start Up Partner IP Firm provides you with a complimentary legal search (Knock Out Search) to determine whether your trademark is identical with prior trademarks only. Knock Out Search is based on our professional legal knowledge and experience, but may differ from the decisions of the Japan Patent Office (JPO).
In the Knock Out Search report, Start Up Partner IP Firm may provide complimentary comments other than "identity with prior trademarks" (e.g., comments on grounds for refusal regarding similarity to prior trademarks, distinctiveness of the trademark, designated goods or services, etc., hereinafter referred to as "additional comments"). However, the additional comments are for informational purposes only and not legal advice. The decision to register or refuse your trademark is at the sole discretion of the JPO, and additional comments do not guarantee a decision by the JPO.

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Trademark Office Action Response: Start Up Partner IP Firm is engaged for the purpose of filing a response to an office action relating to your existing trademark application with the JPO on your behalf. Our representation shall include any activities that are reasonably necessary to achieve that goal, including: reviewing information submitted to the firm, communicating with you regarding your prospective response, conducting relevant legal research, and preparing and filing the response with the JPO. Start Up Partner IP Firm shall provide quotation of the response to the office action before filing the response with the JPO.

Trademark Renewal: Start Up Partner IP Firm is engaged for the purpose of filing Trademark Renewal relating to your existing trademark registration with the JPO on your behalf. Our representation shall include any activities that are reasonably necessary to achieve that goal, including: reviewing information submitted to the Firm, communicating with you regarding your registration and transmitting JPO fees on your behalf.
Trademark Ownership Transfer: Start Up Partner IP Firm is engaged for the purpose of filing a document recording the transfer the ownership of your trademark application/registration with the JPO on your behalf. Our representation shall include any activities that are reasonably necessary to achieve that goal, including: reviewing information submitted to the Firm, communicating with you regarding your application, communicating with any necessary signatories, transmitting JPO fees on your behalf, and preparing and filing the Assignment of Ownership with the JPO.
Trademark Restoration: Start Up Partner IP Firm is engaged for the limited purpose of filing a Petition to Revive relating to your existing trademark with the JPO on your behalf. Our representation shall include any activities that are reasonably necessary to achieve that goal, including: reviewing information submitted to the Firm, communicating with you regarding your trademark, transmitting JPO fees on your behalf, and preparing and filing a document to Restore with the JPO.
Trademarks are filed within 3 business days upon receiving the corresponding complete payment and all the required documents and details. We might request additional verification of the client (user), the required documents must be submitted within 3 business days. Filing reports (official confirmation) will be issued and forwarded within 3 business days. 


Payments
All fees must be paid upfront. If the names of the bank account and the user name do not match, we might put the process on hold and request additional documents to confirm the identity of the bank account and his consent to pay our fees. If the client does not provide us with acceptable documents within 7 business days upon receiving such a request, the payment will be refunded. 
All amounts lost due to bank errors are considered to be unpaid.
 
Refunds
A complete refund can be requested for the services non-processed due to pending documentation or information from the user within 90 days from the date of the payment. Refunds are made for the full amount of the payment after deduction of the transfer costs of JAPAN DIRECT. JAPAN DIRECT may refund payment only for non-processed services. Once the service is being processed (all the required documents and information are received), no refunds are available. JAPAN DIRECT offers no refund for correctly processed services.
If you wish to request a refund, please send an email to JAPAN DIRECT, you request will be proceeded with within 5 business days. JAPAN DIRECT will refund your purchase via the payment method you used.

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Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. User agrees that JAPAN DIRECT has the right to restrict anyone’s access to the website and deny service to any User for any reason without prior notice. JAPAN DIRECT has the right to stop providing any of its Service for any period of time without prior notice. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.

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Disclaimer
THE USER HEREBY EXPRESSLY AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, JAPAN DIRECT AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE AND/OR WEBSITE; 2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; 3. ANY CONTENT OBTAINED FROM THE SERVICE; AND 4. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event shall either party be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.

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Indemnification
You agree to defend, indemnify and hold harmless JAPAN DIRECT and its employees, partners, attorneys and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

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Governing Law
These Terms shall be governed and construed in accordance with the laws of the Japan, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

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Limitation of liability
JAPAN DIRECT and its personnel, directors, owners, attorneys, and employees do not hold any responsibility for any damage or loss or property damage, arising from these Terms or Services and any violation by the User of any law, rules or regulations, connected with the use of or inability to use JAPAN DIRECT, the site and the services, except the cases if else is stated in the Laws of the Japan. The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys' fees, incurred by the prevailing party in resolving such dispute.
If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.

 

Clients' trademarks
JAPAN DIRECT reserves the right to use the logos or trademarks of the User on its website JAPAN DIRECT (in the section "Our clients" anywhere on the website) or/and on its accounts on social networks, including, but not limited to, Facebook, Twitter and Instagram with the wording "Our clients". JAPAN DIRECT may remove the trademarks upon receiving the request of the user(s). 

 

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Acknowledgment
By using JAPAN DIRECT services or site, you acknowledge that you have read and agreed to the Terms and are bound by them. If you do not agree to the terms, please immediately stop using the services and the website.

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Last updated: February 1, 2022