Welcome to wabi sabi journey!

B&W Co. Ltd. (“B&W”) provides our website located at https://wabi-sabi-journey.com/ (the “Site”), and wabi sabi journey video services and other contents are accessible via the Site and our mobile devise application(“App”). To make these Terms and Conditions easier to read, the Site, wabi sabi journey video services, and other contents are collectively called the “Services.” Please read these Terms and Conditions (these “Terms”) carefully because they govern your use of the Services.

By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

Please refer to our Privacy Policy located at https://wabi-sabi-journey.com/policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

We may modify these Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified version of these Terms (the “Modified Terms”) on the Site or through other communications. It’s important that you review these Terms whenever we modify them because if you continue to use the Services after we have posted the Modified Terms on the Site, you are indicating to us that you agree to be bound by the Modified Terms. If you don’t agree to be bound by the Modified Terms, then you may not use the Services anymore. Because the Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Unless you opt-out of arbitration within 30 days of the date you first agree to these Terms by following the opt-out procedure specified in the “Dispute Resolution” section below, and except for certain types of disputes described in the “Dispute Resolution” section, you agree that disputes between you and B&W will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase through the Services (described in the “Purchases” section below), you must be 18 years or older and capable of forming a binding contract.

Registration and Your Information

If you want to use certain features of the Services, you will have to create an account (your “Account”). You can do this via the App, the Site, through your Google account, or your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option, we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on your SNS Account permit us to access.

It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you do not, we may suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

Users can watch videos and other contents via the Services. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

How to Order

We offer a variety of products and services on the Site and in the App or other EC site. To order a product or service for sale on the Site or through the App or other EC site, you must either visit our product and service list or click the available products and services that are shown on the detailed page of the products and services that you are interested in. If we do not offer any products or services related to the products and services that you are browsing, there will not be a product and service list on the detailed page of the products and services. In order to place an order, you can place your desired product or service into the cart and proceed to order the product.

Sales Price and Terms of Payment

You can view the price of each product or service in the product or service list and the detailed page of the products and services. This price excludes taxes, delivery, and packaging fees where applicable. The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of product, its dimensions, its weight, as well as to where it will be delivered. Your payment for the product or service is made through the payment services available on the Site or in the App or other EC site. Transfer of ownership of the product occurs as soon as you pay the purchase price in full. Your failure to pay the full price will automatically cancel your order.

Delivery

The product will be delivered at the address that is indicated in the order summary form, during business hours and according to the procedures laid down by the carrier at the time that you placed your order. You must inform yourself about the procedures and delivery schedules implemented by the various delivery service providers. Obligations regarding the delivery of the order, which means respecting the delivery schedule, the quality of packaging, as well as the product being handled appropriately, are all the responsibility of you, and B&W shall in no case be held liable for failure to comply by you. You may be entitled to file a complaint against the delivery service provider. Once you receive the product that you ordered, you must immediately check the condition of the product and inform us of any discrepancies in writing within 48 hours from the time that you receive the product.

Refusal of Order

We reserve the right to withdraw any product or service from the Site or App or other EC site at any time or remove or edit any materials or content on the Site or App or other EC site. While we will make reasonable efforts to process all orders, there may be situations that may require us to refuse to process an order after we have sent you an order confirmation. We reserve the right to refuse to process an order at any time, for any reason, at our sole and exclusive discretion.

Cancelation

Unless otherwise provided in these Terms or as required by the laws or regulations of the jurisdiction in which the purchaser of the product or service resides, B&W will not accept the cancellation of an order for any product or service purchased from our Site or App or other EC Site.

Return Policy

All sales of products and services from our Site, App, and other EC site are on an “as-is” basis, and final. Unless otherwise provided in these Terms or as required by the laws or regulations of the jurisdiction in which the purchaser of the product or service resides, B&W will not accept the return, exchange, or refund of any product or service purchased from our Site or App or other EC site.

Returns of Defective Products

If you believe that there is a defect in the product or service, causing it to not conform to your order, you should promptly contact us with details of the product and a description of the defect. After you contact us, we will instruct you on how to proceed. Upon our receipt of the defective product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email within a reasonable period time. If any defect exists, defective products or services will be refunded in full, including a refund of the delivery charges (if any) and any reasonable costs incurred by you in returning the product. We will refund any money to the original method of payment used to make payment provided the same is available.

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@wabi-sabi-journey.com.

You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.

Content Ownership

B&W and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Coent Rights Granted by B&W

Subject to your compliance with these Terms, B&W grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to view and display the Content solely in connection with your permitted use of the Services and solely for your personal non-commercial purposes.

App Rights Granted by B&W

Subject to your compliance with these Terms, B&W grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. B&W reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only:

(i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an app provider such as Apple App Store or Google Play (“App Provider”), then you acknowledge and agree that:

• These Terms are concluded between you and B&W, and not with the App Provider, and that as for its obligations in these Terms, B&W is solely responsible for the App.
• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligations whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of B&W.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, B&W will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the App.
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree not to do any of the following:

• Use, display, mirror, or frame the Services, or any individual element within the Services, wabi sabi journey’s name, any wabi sabi journey trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without B&W’s express written consent;
• Access, tamper with, or use non-public areas of the Services, B&W’s computer systems, or the technical delivery or other systems of the App’s developers;
• Attempt to probe, scan, or test the vulnerability of any B&W system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by B&W or any of the App’s developers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download a collection of the Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, or data mining tools) other than the software or search agents provided by B&W or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters or other forms of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a wabi sabi journey trademark, logo, URL, or product name without B&W’s express written consent;
• Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual or entity to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@wabi-sabi-journey.com. Upon any termination, discontinuation, or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

The Services and Content are provided “as is,” without any warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

You will indemnify and hold harmless B&W and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms, including, but not limited to, third-party proprietary right infringement claims for any information or materials you have provided.

Neither B&W nor any other party involved in creating, producing, or delivering the Services or Content will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not B&W has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, and in such case, the above limitation may not apply to you.

In no event will B&W’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services or Content exceed the amounts you have paid to B&W for use of the Services or Content, or fifty dollars ($50), if you have not had any payment obligations to B&W, as applicable. The exclusion and limitations of damages set forth in this “Limitation of Liability” section or otherwise set forth in these Terms are fundamental elements of the basis of the bargain between B&W and you.

Governing Law

These Terms and any action arising out of or related to these Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and B&W agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide B&W with written notice of your desire to do so by email at support@wabi-sabi-journey.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide B&W with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide B&W with an Arbitration Opt-out Notice, will be the courts located in Tokyo, Japan, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Notwithstanding the foregoing, if for any reason a court of competent jurisdiction (a) determines that the courts in Tokyo, Japan either lack jurisdiction or are an inappropriate venue, (b) determines that the choice of Tokyo, Japan as being the court of exclusive jurisdiction is null, void, or otherwise ineffective, (c) or otherwise determine for any other reason that the IP Protection Action or Dispute cannot be litigated in Tokyo, Japan, then the exclusive jurisdiction and venue of any IP Protection Action or Dispute will be the state and federal courts located in the Northern District of California. Unless you timely provide B&W with an Arbitration Opt-out Notice, you acknowledge and agree that you and B&W are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless both you and B&W otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution” section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and B&W otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and B&W submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. B&W will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be sole as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, B&W will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

If B&W changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@wabi-sabi-journey.com ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of B&W’s email to you notifying you of such change, if applicable. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and B&W in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

These Terms constitute the entire and exclusive understanding and agreement between B&W and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between B&W and you regarding the Services or Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without B&W’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. B&W may freely assign or transfer these Terms without restriction.

Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by B&W under these Terms, including those regarding modifications to these Terms, will be given: (i) by B&W via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

B&W’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of B&W. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If you have any questions about these Terms or the Services, please contact B&W at support@wabi-sabi-journey.com.

B&W Co. Ltd.
Nihonbashi Kodenmacho 21-1
The Portal Nihombashi East 4F, Chuo-ku, Tokyo