TERMS & CONDITIONS

Terms and Conditions of www.svgjp.com

These Terms govern

the use of www.svgjp.com, and,
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

www.svgjp.com is provided by:

Owner contact email: info@svgjp.com

What the User should know at a glance:

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Unless otherwise specified, the terms of use detailed in this section apply generally when using www.svgjp.com.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using www.svgjp.com, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users.

Account Registration

To use the Service, Users may register or create a User account, providing all required data or information in a complete and truthful manner.

Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by www.svgjp.com.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Account Termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on www.svgjp.com

Unless where otherwise specified or clearly recognizable, all content available on www.svgjp.com is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on www.svgjp.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on www.svgjp.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on www.svgjp.com, the User may download, copy and/or share some content available through www.svgjp.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through www.svgjp.com, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

www.svgjp.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of www.svgjp.com and/or the Service violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to www.svgjp.com or the Service, terminating contracts, reporting any misconduct performed through www.svgjp.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations, and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

Software license

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to www.svgjp.com are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of www.svgjp.com and the Service offered.

This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related are the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use, and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes, and further developments of www.svgjp.com and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using www.svgjp.com and/or its related software.

New releases may only be available against payment of a fee.

The User may download, install, use, and run the software on one device.

TERMS AND CONDITIONS OF SALE

Unless otherwise specified, the terms and conditions of sale detailed hereunder apply generally to transactions involving SVG, Inc. and all of its affiliates and subsidiaries, including the following entities (including their jurisdiction of incorporation):

SVG, Inc. (Japan)

SVG (United States)

SVG (Hong Kong)

Paid Products

Some of the Products provided on www.svgjp.com, as part of the Service, are provided on the basis of payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of www.svgjp.com.

Product Description

Prices, descriptions, or availability of Products are outlined in the respective sections of www.svgjp.com and are subject to change without notice.

While Products on www.svgjp.com are presented with the greatest accuracy technically possible, representation on www.svgjp.com through any means (including, as the case may be, graphic material, images, colors, or sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps are taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

The submission of an order determines the contract conclusion and therefore creates for the User the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged.

Prices on www.svgjp.com are displayed:

either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of www.svgjp.com.

All payments are independently processed through third-party services. Therefore, www.svgjp.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of Product Ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Delivery

Products are shipped per the Incoterms statement on the Owner purchase order acknowledgment or invoice, or, in the absence of such statement, F.O.B. point of shipment. Title and risk of loss transfers to the User upon delivery to the carrier. If Owner pays freight on the purchase order Owner may designate the means of transportation and routing. If the User requires alternative means of shipment, the User will pay any resulting costs. The average time to fill Product orders is three (3) business days or less. Lead times are as stated by Owner and Products may be placed on backorder at Owner’s discretion. Where Product availability is limited for any reason, the Owner may fill purchase orders or otherwise allocate Products in any manner it deems appropriate. Under no circumstances will the Owner be liable for failure to ship, or for User’s failure to receive, Products by a certain date. The owner may require prepayment of any Purchase order. Any credit extended to the User is done at Owner’s discretion and subject to Owner credit requirements. The user must keep their account current at all times. The owner may withhold shipments, payments, or other benefits, and/or assess late fees and interest on past-due amounts until the account balance is current.

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts, etc).

Service or Product reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any purchased Product or any portion of www.svgjp.com and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program. Any redistribution of the Products is strictly prohibited without the prior written consent of the Owner.

To learn more about the use of their Personal Data, Users may refer to the privacy policy of www.svgjp.com.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to www.svgjp.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.svgjp.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User in the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of www.svgjp.com must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

Texas law, without regard to conflicts of laws principles, shall exclusively govern the Owner’s sale of Products to the User. The United Nations Convention on Contracts for the International Sales of Goods does not apply. The state or federal court located within Bexar County, Texas shall be the sole and exclusive jurisdiction and venue for any litigation between User and Owner. The user agrees to submit to the jurisdiction of such court in the event of any litigation.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.svgjp.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

Definitions and legal references

www.svgjp.com (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

The owner (or We)

Indicates the natural person(s) or legal entity that provides www.svgjp.com and/or the Service to Users.

Product (s)

A good or service available for purchase through www.svgjp.com, such as e.g. physical goods, digital files, software, booking services, etc.

The sale of Products may be part of the Service.

Service

The service provided by www.svgjp.com is described in these Terms and on www.svgjp.com.

Terms

All provisions are applicable to the use of www.svgjp.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using www.svgjp.com.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft, or profession.

TERMS & CONDITIONS

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