Terms & Conditions

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About our terms

These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Kalos Japan Co. Ltd (we, us or our) and you, the person accessing or using the Site (you or your).

You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.

These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information purposes only.

About us

We are Kalos Japan Co. Limited (trading as Kalos Japan), a company registered in Tokyo, Japan under company registration number 0110-01-178003. Our registered office is at Spark SHIBUYA 7F, 3-5 Udagawa-cho, Shibuya-ku, Tokyo.

If you have any questions about the Site, please contact us by:

• sending an email to info@kalosjapan.com;
• filling out and submitting the online form available on our contact page; or
• calling us on +81-75-283-0676 (our telephone lines are open from Monday to Friday: 9 am to 5 pm JST).

Using the site

The Site is for your business and informational use only.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

We make no promise that the Site is appropriate or available for use in locations outside of the USA. If you choose to access the Site from locations outside the USA, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at info@kalosjapan.com.

As a condition of your use of the Site, you agree not to:

• misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
• attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Ownership, use and intellectual property rights

The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.

We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

Trade marks: Kalos and any related names are trade marks of Kalos Tours, LLC. Other trade marks and trade names may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.

Unless you have our prior written consent, you are expressly prohibited from:

• using any automated process, software, or script to extract, scrape, crawl or collect data or content from this Site (Site Content) in any manner, including but not limited to the use of web crawlers, bots, or spiders;
• aggregating, collecting, or compiling Site Content for commercial or non-commercial purposes. This includes, but is not limited to, the use of Site Content to create databases, directories, or other aggregated content; and
• using any artificial intelligence (AI) tools, machine learning algorithms, or other automated technologies to analyse, process, or generate content based on or through the use of Site Content. This includes, but is not limited to, using the Site Content to (i) train AI models (ii) for any form of automated content generation and (iii) as input to an AI system, as a prompt, request, question, instruction or similar.

By accessing and using this Site, you agree to comply with these restrictions. Any attempt to bypass these restrictions may result in legal action and/or termination of access to the Site.

Submitting information to the site

While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

Accuracy of information and availability of the site

We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

We may suspend or terminate access or operation of the Site at any time as we see fit.

Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.

While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

Disclaimer of warranties; limitation of liability

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS (US$100) OR (B) THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL NOT APPLY TO LIABILITY ARISING DIRECTLY FROM OUR FRAUD OR WILLFUL MISCONDUCT.

You agree to defend, indemnify, and hold harmless Kalos Japan Co. Ltd and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your use of the Site (other than as expressly authorised by these Terms), (c) any content or information you submit to the Site, or (d) your violation of any applicable law or the rights of any third party.

Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

No third party rights

No one other than us or you has any right to enforce any of these Terms.

Variation

No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause.

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

Governing law; dispute resolution

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

These Terms and any dispute or claim arising out of or relating to them or the Site (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any choice of law or conflict of law provisions or rules (whether of the State of Delaware or any other jurisdiction).

Binding arbitration. PLEASE READ THIS PROVISION CAREFULLY — IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to your use of the Site (each, a “Dispute”), shall be resolved exclusively by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect (available at www.adr.org), as modified by these Terms. The seat and place of arbitration shall be Wilmington, Delaware, USA. The arbitration shall be conducted before a single arbitrator unless the amount in controversy exceeds US$1,000,000, in which case three arbitrators shall be appointed. The language of the arbitration shall be English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Nothing in this clause prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending resolution of a Dispute.

Waiver of jury trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE. THIS WAIVER APPLIES WHETHER THE ACTION SOUNDS IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Class action waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT BY YOU IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING (“CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If the Class Action Waiver is found to be unenforceable for any reason, then: (a) the entirety of the arbitration agreement set out above shall be null and void with respect to that Dispute only; and (b) such Dispute shall proceed in a court of competent jurisdiction in the State of Delaware, and the parties consent to exclusive jurisdiction and venue in such courts.

Severability of arbitration agreement. If any portion of the arbitration agreement in this section (other than the Class Action Waiver) is found to be unenforceable, the remainder of the arbitration agreement shall continue to apply. The parties agree that any court proceeding permitted under this clause shall be conducted exclusively in the state or federal courts located in Wilmington, Delaware, and each party irrevocably consents to the personal jurisdiction and venue of such courts.