Mikawa Japanese Fusion, Inc.
TERMS OF USE AGREEMENT
Last updated August 08, 2020
Important: Please read carefully the following terms and conditions governing your use of the website (https://www.mikawanyc.com).
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Acceptance.
Terms and Conditions. By accessing or using https://www.mikawanyc.com website, or completing our account registration process. you affirm that you are of legal age to enter into these Terms; and that you expressly agree to be bound by these Terms, between you and Mikawa. If you are not of legal age to enter into these Terms, you affirm that you have obtained parental or guardian consent to enter into these Terms,and to take responsibility for your use of the Mikawa Sites and your compliance with these Terms. If you violate or do not agree to these Terms, then you should not use the Mikawa Sites.
Modifications to Terms and Conditions. Mikawa reserves the right, in its sole discretion, to modify these Terms at any time. Any such modified Terms will not apply to any dispute between you and us arising prior to Your Acceptance of the modified Terms after we posted them. We will post the most recent version of these Terms on the Mikawa Sites. The most recent modification date will be noted by the “Last updated” date. Your Acceptance after we post any modified Terms indicates that you expressly agree to be bound by the modified Terms.
2. Accounts.
When you create an account with us, you must provide us 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.
3. Order.
Prices are subject to change without notice. Although we strive to accept all valid orders, Mikawa reserves the right to deny any order for any reason, including if:
(1) we discover an error in pricing and/or other information about the food, beverage, or merchandise ordered (collectively “Product”) or receive insufficient or erroneous billing, payment, and/or delivery information.
(2) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud.
(3) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute. If any Product is discontinued or otherwise becomes unavailable, Mikawa reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
4. Fees and Purchase Terms.
Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account, regardless of whether your actually receive the products. You also agree to pay all applicable taxes. To make an order from an Account through the Services, you must provide valid payment information (e.g. credit card or debit card) through the Site . Payments are processed using the stripe platform ( https://stripe.com) By making an order through the Services, you also agree:
(1) to be bound by stripe’s terms of service ( https://stripe.com/ssa ).
(2) the payment method(s) you provide will immediately be charged for all fees and taxes applicable to your order.
(3) payment information and instructions required to complete the payment transactions may be shared between Mikawa, stripe, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
(4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Mikawa reserves the right at any time to change its prices and billing methods. For more information on how payments are handled by Stripe or to understand the data security and privacy afforded such information, please refer to Stripe’s terms of service ( https://stripe.com/ssa ) and privacy policy ( https://stripe.com/privacy ) .
Refunds. Except as approved by Mikawa in its sole discretion, all fees paid are non-refundable.
5. Pricing and Promotions.
Pricing and promotions for Products may be different on the Mikawa Sites and Mikawa stores. Pricing or availability errors may occur on the Mikawa Sites. Promotional codes are:
(1) limited in nature and may expire or be discontinued with or without notice.
(2) void where prohibited by law.
(3) not to be copied, sold, or otherwise transferred.
(4) not redeemable for cash.
(5) subject to cancellation or change at any time for any reason without notice. We reserve the right in our sole discretion to impose conditions on the offering of any promotional code.
6. Consent to Receive Telephone Calls and Text Messages.
By accepting these terms and conditions, you authorize Mikawa to deliver informational telephone calls or text messages to any telephone number you.
7. Electronic Communications.
When you send emails or other electronic messages to us, including in connection with the Mikawa Sites, your Account or any Orders, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically.
8. Export Policy.
You acknowledge that goods sold on the Mikawa Sites and any services offered on the Mikawa Sites are not sold or shipped outside the USA.
9.Intellectual Property
The Mikawa Sites and all Materials, and all copyrights, and other intellectual property rights therein are owned or controlled by or licensed to Mikawa, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by Mikawa to use the Mikawa Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (a) retain all copyright, trademark, or other proprietary designations contained on all Materials; (b) do not modify or alter the Materials in any way; and (c) do not provide or make available the Materials to any third party in a commercial manner.
No license, right, title, or interest in the Mikawa Sites or any Materials is transferred to you as a result of your use of the Mikawa Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Mikawa Sites. The Mikawa Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Mikawa Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Mikawa Sites and Materials is the exclusive property of Mikawa and is also protected by U.S. and international copyright laws.
10. Changes to the Wegmans Sites.
Mikawa may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Mikawa Sites, temporarily or permanently, including the availability of any portion of the Mikawa Sites at any time with or without notice to you and you agree that Mikawa japanese fusion shall not be liable to you or to any third party as a result of taking any of these actions. Your continued use of the Mikawa Site after any changes, modifications or improvements have been made to any or all aspects of the Mikawa Site will be construed to be your acceptance of such changes, modifications or improvements, and the applicability of these Terms to the Mikawa Site with such changes, modifications or improvements.
11. Privacy.
You acknowledge and agree that any personal information that you provide through the Mikawa Sites will be used by Mikawa in accordance with Mikawa’ Privacy Policy, which may be updated by Mikawa from time to time.
12. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
13. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MIKAWA WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MIKAWA SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A MIKAWA ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND THE DISCLAIMERS SET FORTH IN THESE TERMS (INCLUDING SECTION 11), TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, MIKAWA ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF YOUR ACTUAL LOSS OR USD $100.
14. Indemnification.
You agree to defend (at Mikawa’ option), indemnify, and hold the Mikawa Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Mikawa Sites or any breach by you of these Terms. Mikawa reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Mikawa if and as requested by Mikawa in the defense and settlement of such matter.
15. Disputes and Arbitration.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MIKAWA, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT MIKAWA AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
16. Governing Law.
These Terms, your use of the Mikawa Sites, all Orders through the Mikawa Sites and all related matters, regardless of your location, are solely governed by and construed under the laws of the State of New York, without regard to conflicts of law principles.
17. Copyright Infringement Claims.
If you believe content posted on the Services infringes your copyright rights, please provide our with the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of the location on the Services of the material that you claim is infringing;
(4) your address, telephone number and e-mail address;
(5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mikawa Entities will not be liable for any failure to perform any obligations contained in these Terms due to, directly or indirectly, the failure of any equipment, transmission or delivery problems, or any industrial dispute, war, natural disaster, act of terrorism, explosion, act of God or any other event beyond our/their control.
19. Termination.
These Terms are effective unless and until terminated by either you or Mikawa. You may terminate these Terms at any time, provided that you discontinue any further use of the Mikawa Sites. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the Mikawa Sites, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of these Terms by either you or Mikawa, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Mikawa Sites, as well as all copies of such Content, whether made under these Terms or otherwise. Any sections that by their nature should survive termination will survive any termination of these Terms.
20. Entire Agreement.
This Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
21. How to Contact Us.
If you have any questions or comments, please contact us at manager@mikawanyc.com, or by mail at the following address: 7407 3rd Ave, Brooklyn, NY 11209. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
