TERMS AND CONDITIONS

1.1 The following website “kinobigin.com” (the “Site”) is operated by The Kyoto Distillery K.K. (“TKD”). In these terms & conditions (“T&C”), references to “we” or “our” or “us” means TKD and “Customer” or “you” means any person, firm, company or body which places an order with us.

1.2 Please read these T&C carefully before using the Site. By using the Site or any part of it, you agree that you have read these T&C, our privacy policy and cookies policy and that you accept and agree to be bound by them.

1.3 If you do not agree with any part of the above, please do not use the Site.

1.4 These T&C may be varied by TKD in its sole discretion in the cases (i) where the variation of these T&C is in line with your general benefit or (ii) where the variation is reasonable considering the necessity of the variation and the validity of varied contents and does not conflict with the purpose of T&C. In such a case, TKD will announce that these T&C will be varied and also the contents of the varied T&C and the effective date of the variation on this Site or other proper method. The varied T&C shall be effective from the effective date.

2.1 You warrant and agree that you are of minimum age legally required to consume and/or purchase alcohol in accordance with the laws of Japan. If you are accessing this Site from outside of Japan, you warrant and agree that you are of minimum age legally required to consume and/or purchase alcohol in accordance with the laws of your country of residence.

2.2 While using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (b) restrict or inhibit any other user from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

2.3 You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site.

2.4 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

2.5 You must not attempt to gain unauthorized access to the Site, the service on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

2.6 You agree to defend, indemnify and hold TKD, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site, or the placement or transmission of any message, information, software or other materials through the Site by you.

3.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.

3.2 Material from the Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. We are the owner of all intellectual property rights in the Site and in any material published on it. All such rights are reserved. Neither title nor any intellectual property rights are transferred to you by use of or access to the Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of TKD. Material on the Site is provided for lawful purposes only.

3.3 TKD may make changes to the contents of this Site, or to the products and services described, at any time without prior notice to you. We may also impose limits on certain features of the Site or restrict your access to all of part of the Site without notice or penalty.

4.1 Under the circumstances where there is no cause attributable to us, we shall not, to the extent permitted by law, be liable for any damages whatsoever (including, but not limited to direct, incidental, consequential or indirect loss or damage, including lost profits, loss of income or revenue, loss of goodwill, business interruption or loss of data or information, or punitive damages even if we had been notified in advance of the potential of such damages), harm, or injury howsoever arising, that relate to, arise out of, or result from the use of, or access to, or the inability to use the Site or any of the materials of the Site or sites “hot-linked” to the Site, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, inaccurate description, computer virus or line failure.

4.2 The material on the Site could include technical inaccuracies or typographical errors. The materials on the Site are provided “as is” and without warranties of any kind, expressed or implied. Subject to clause 8.1, we disclaim all liability for negligence and disclaims all representations and warranties, expressed or implied, (whether by law, case law, trade usage or otherwise) including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

4.3 Subject to clause 8.10 we do not warrant or make any representations that use of the Site will be uninterrupted or error-free, that the contents will be correct accurate or reliable, or that the Site or the server that makes it available are free of viruses or other harmful components.

4.4 Subject to clause 8.1 we do not warrant or make any representations and expressly disclaims all liability and responsibility regarding use of or reliance upon information contained in the Site in terms of its accuracy, reliability or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction.

5.1 The Site itself, such as its architecture, its presentation, its graphic standards and everything it contains as well as all the material (texts, graphs, graphics, logos, drawings, images, etc.) which are published on the Site are protected by intellectual property rights, including copyright in particular the rights set forth in Articles 27 and 28  of the Japanese Copyright Law (hereinafter referred to as the “Protected Elements”) and are our exclusive property.

5.2 Without such list being exhaustive, you shall not, in particular:

5.2.1 reproduce, copy, modify, create a derivative work, assemble, recreate, distribute, present, show, disseminate, publicly display, transfer, transmit, publish, sell, attribute, sub-license, transfer, make available to a third party, market, all or part of the Protected Elements, in any manner whatsoever,

5.2.2 modify, alter, all or part of the Protected Elements with a view, in particular, to obtaining unauthorized access to the Site and accessing the Site by any means other than the connection interface with the user space, furnished by us to you for such purpose via the Site.

5.3 All trademarks and all related logos, designs, labels, bottle designs and all other intellectual property associated with the Site used herein are owned by us. Our trademarks may not be used in connection with any product or service that is not from TKD and/or a member of the Pernod Ricard group and/or its registered trademarks, in any manner that is likely to cause confusion, or in any manner that disparages or discredits TKD. All other trademarks are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.

6.1 This website may contain links to third party sites (“Links”). The Links do not indicate any endorsement of TKD of the site or the products or services provided at those Links. You agree that you are accessing those Links and uses the products and services made available at those Links solely at their own risk.

6.2 You agree that we have no responsibility for the accuracy or availability of information provided by websites from these Links. You also acknowledge that we are not 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 such Links.

7.1 The Site, including, without limitation, all content, functions and materials contained therein is provided “As is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the Site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. This clause is subject to clause 8.1

8.1 Subject to any relevant statutory provision, these T&Cs contain the entire agreement between TKD and you and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded. For the damage you suffer due to a cause attributable to TKD (excluding TKD’s intention and gross negligence), TKD’s liability is limited to JPY 100,00.

8.2 To the extent permitted by law, in no event shall TKfD or any of its directors, officers, employees, agents,  affiliates, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive loss or damages arising from or directly or indirectly related to the use of, or the inability to use, the Site or the content, materials or functions related thereto including, without limitation, loss of income or revenue, loss of anticipated profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or loss of business, even if we have been advised of the possibility of such loss or damages.

9.1 These T&C are governed by and construed in accordance with the laws of Japan and are subject to the agreed exclusive jurisdiction of Kyoto District Court for the first instance.