Terms of Use

This page (together with the documents referred to in it) are the terms and conditions on which we supply any of the products (“Products”) listed on our website https://nichomeconnect.com (“our website”) to you.

Please read these terms and conditions carefully before ordering any Products from our website.

By ordering any of our Products, you agree to be bound by these terms and conditions.

 

1: INFORMATION ABOUT US

https://nichomeconnect.com is a website managed by Nichome, a Japanese company.

 

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US AND YOUR STATUS

2.1 After placing a reservation, you will receive an e-mail acknowledging that we have received your reservation.  Please note that this does not mean that your reservation has been accepted.  Your reservation constitutes an inquiry to us with regards to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by first confirming the details of the order, confirming availability and logistics, then sending you a payment link when all details have been confirmed.

Upon receiving payment, we will send you an e-mail that confirms that the Product, in this case a Tour or Experience, has been confirmed (the “Order Confirmation”). The contract (the “Contract”) will only be formed when we send you the Order Confirmation.

2.2 The Contract will relate only to those Products whose availability and logistics we have confirmed in the Order Confirmation. 

2.3 Nichome reserves the right to refuse service to any person we consider to be unlawful, rude, profane or unpleasant.

2.4 By placing an order through our site, you warrant that:

(a) you are legally capable of entering into binding contracts;

(b) you are a ‘consumer’ (being an individual purchasing the Products outside the course of her or his business or trade); and

(c) you are at least 18 years old.

 

3. DELIVERY

3.1 You can track the progress of your order at any time by logging into the website via the "Login" button located on the bottom right of the hamburger menu on smartphones or the profile icon on the top right hand corner on desktop computers. After pressing the button, you will be re-directed to a log-in page where the e-mail account used to place the order can be used to access order details.

3.2 Our Order Confirmation provides you with all the information you require in respect of the delivery of the Products to you.  If you have any other queries, you can contact our customer services team via e-mail at the following e-mail address:

E-mail: contact@nichomeconnect.com

Business Hours: 12 noon – 7pm, Japan Standard Time

Closed Mondays and Tuesdays.

 

4. PRICE AND PAYMENT

4.1 The price of our Products will be as quoted on our site, and will be subject to change at our discretion with no prior notice.

4.2 In rare cases, the price quoted for a Product(s) displayed on our site may not be correct. We will aim to rectify any such error(s) as quickly as possible and unless such error has not been identified, will notify you of the correct price before payment is made.

4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an "Order Confirmation."

4.4 Despite our best efforts, some of the Products listed on our site may be incorrectly priced. As we verify prices as part of our dispatch procedures, in the very rare event, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

4.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

4.6 If we are not able to accept your order, we will, at our option either not debit your credit or debit card or refund any money paid by you in respect of that order.

4.7 Payment of products must be made prior to the commencement of order processing.

4.8 By submitting an order to us through our website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.

4.9 We are not responsible for any charges or other amounts applied by your card issuer or bank as a result of our processing your credit/debit card payment in accordance with your order.

4.10 For card payments, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

4.11 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from relevant third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).

 

5. ORDER CANCELLATIONS

5.1 We accept order cancellations made prior to the order being confirmed via an Order Confirmation e-mail sent.  Please be advised, that after the order confirmation e-mail has been sent, payment is due within 24 hours and the below Cancellation Policy takes effect.

5.2 Cancellation Policy:

16 Days or More Prior To Order Confirmation E-mail Sent: No Cancellation Fee
15 days to 10 days Prior To Order Confirmation E-mail Sent: 40%
10 days until 5 days Prior To Order Confirmation E-mail Sent:: 80%
5 Days Until Tour or Experience Date: 100%

5.3 Payments not made within 24 hours will be cancelled and the participant space balloted for the Tour or Experience will be released.

5.4 Order Cancellation requests should be made via e-mail with the title: Order Cancellation Request.  Please ensure the order number is included in the request.

5.5 Order Revision Fee: 
All revisions to a confirmed order will incur 4000 JPY per person fee. This fee is non-refundable.

 

6. OUR LIABILITY

6.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

6.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

6.3 Nothing in the Contract excludes or limits in any way our liability:

(a) for death or personal injury caused by our negligence;

(b) for fraud or fraudulent misrepresentation; or

(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6.4 We are not responsible for losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data

 

7. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

8. NOTICES

All notices given by you to us must be given to Nichome Connect Customer Service Department, for the attention of the Customer Services Manager, or by emailing at contact@nichomeconnect.com.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

9. TRANSFER OF RIGHTS AND OBLIGATIONS

9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

9.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action.

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) impossibility of the use of public or private telecommunications networks.

(f) the acts, decrees, legislation, regulations or restrictions of any government.

10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

11. WAIVER

11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

 

12. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

13. ENTIRE AGREEMENT

13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

13.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

 

14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

14.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

15. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Japan law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Japan.