JETRO Experts Finder Terms and Conditions

Japan External Trade Organization(hereinafter referred to as "JETRO") hereby establishes the following Terms and Conditions (hereinafter referred to as these "Terms and Conditions") for the provision of services on the Experts Finder operated by JETRO. Users of this service are required to agree and comply with these Terms and Conditions, Terms of Use for JETRO Website, JETRO's Privacy Policy, Privacy Policy of JETRO Website , and the Privacy Policy for Personal Data of Customers in Europe and U.K.

1. Definition

In these Terms and Conditions, the following terms and expressions shall have the meanings set out below, unless the context requires a different interpretation;

  1. The "Directory" refers to “Experts Finder,” an online business database located on JETRO’s English website and operated by JETRO.
  2. The "Service" refers to the service provided by JETRO on the Directory, as defined in Article 2
  3. The "Content" refers to all content, text, images, data, information and other material shown on the Directory and made available to Users.
  4. "User(s)" refers to those who access the Directory.
  5. "Registrant(s)" refers to legal entities, persons belonging to legal entities, or individuals whose information is registered in the Directory.
  6. "Prospective Registrant(s)"refers to legal entities, persons belonging to legal entities, or individuals who wish to register their information in the Directory.
  7. "Registration" refers to registering the information submitted by Prospective Registrant(s) or Registrant(s) to JETRO in the Directory.

2. Services

JETRO provides various services on the Directory to realize the purpose of the Service, including the services specified in the following items. For description of each individual service, please refer to the Directory.

  1. An online business directory where Users, among others, foreign companies can search service providers to help set up business in Japan, such as legal and regulatory specialists, consultants, ICT providers, real estate and recruiting agencies, etc.
  2. An online business directory on which Registrants who have a physical office(s) in Japan and the ability to assist foreign companies in setting up business in Japan in the non-Japanese language(s) can list their business and other information.

3. Outsourcing

JETRO may outsource, all or part of, its Service, including secretariat operations, system development, maintenance, operation, and other tasks as necessary.

4. Burden of Cost

  1. JETRO does not currently charge any fee for the use of the Directory, but reserves the right to set or revise such fees in the future.
  2. The fees for the use of the Directory shall be set or revised by JETRO with three (3) months prior notice. JETRO shall not be liable to User or Registrant in the event that such fees are set or revised.
  3. Notwithstanding the provisions of the preceding paragraph, in the event that User or Registrant receives other services of JETRO incidentally or related to the Service, User or Registrant may be required to bear costs related to such services. In addition, all costs, taxes, and dues necessary to set up the usage environment as stipulated in Article 7, shall be borne by User or Registrant.

5. Expiry Date

There is no specific time limit for the use of the Service. However, if certain reasons arise, JETRO may rescind the registration of individual Registrants in accordance with the provisions of Article 11, or discontinue or terminate the provision of the Service in accordance with the provisions of Article 13

6. Registration

  1. Prospective Registrants who wish to use the Service shall agree to these Terms and Conditions and apply for Registration in the prescribed manner.
  2. Prospective Registrants who have applied for Registration will be deemed Registrants from the time JETRO registers the information submitted by Prospective Registrants for Registration in the Directory.
  3. Prospective Registrant shall provide a permanent email address upon applying for Registration. Please note that in principle, JETRO will not make any contact by telephone or any other means.
  4. In the event that Prospective Registrant or Registrant falls under any one of the following categories, JETRO may, at its discretion, refuse to accept the application for Registration or rescind the existing Registration even after acceptance.
    1. If the application for Registration is made without following the method prescribed by JETRO;
    2. If Prospective Registrant has been punished in the past for violating these Terms and Conditions or any other terms and conditions established by JETRO;
    3. If Prospective Registrant has applied for Registration by fraudulent means;
    4. If Prospective Registrant has submitted information other than accurate information about itself;
    5. If Prospective Registrant is an antisocial force or a member thereof, or is substantially involved with any such parties;
    6. If Prospective Registrant breaches or is likely to breach these Terms and Conditions; or
    7. In any other cases where JETRO deems it inappropriate.

7. Usage Environment

User and Registrant shall, at its own responsibility and expense, set up necessary usage environment for accessing the Directory (including all software, hardware, network connections and security measures such as virus protection).

8. Change of Registered Information

Should there be any changes in the Registrant's registered information, please complete the procedure to make the changes as soon as possible. JETRO will not be held responsible for any problems that may arise as a result of failing to do so.

9. Cancellation of Registration

Should Registrant wish to cancel its Registration (withdrawal), Registrant must follow the procedure prescribed by JETRO for the cancellation of its Registration.

10. Compliance

  1. User and Registrant shall comply with all relevant laws and regulations in using the Directory, and also with any instructions given by JETRO.
  2. In addition to these Terms and Conditions, Registrant shall, for Registration and use of the Directory, follow all procedures, formats, displays, and hours of use established and revised from time to time by JETRO.
  3. User and Registrant shall take full responsibility for its own actions in using the Service.
  4. Upon Registration, Registrant does so with the understanding that it is solely responsible for the source of the information as well as obtaining necessary permission.
  5. User and Registrant shall deal with all requests, claims, damages, losses, liabilities, costs, attorney's fees, etc. arising from the use of the Directory, violation of these Terms and Conditions, or business negotiations or transactions with other Users, Registrants, or third parties through the Directory at its own expense and responsibility, and shall not cause any inconvenience or burden to JETRO, its related organizations, and the officers, employees, and contractors of JETRO and its related organizations (hereinafter collectively referred to as “JETRO Affiliates”). Should JETRO Affiliates receive a complaint, lawsuit, or other claim, and incurs certain expenses (including, but not limited to, compensation for damages, etc., as well as consolation payment and legal fees), JETRO Affiliates will seek indemnification to User or Registrant or both, who shall indemnify JETRO Affiliates for such expenses.

11. Prohibited Acts

  1. In using the Service, User and Registrant shall not engage in any of the following acts, or acts that may lead to such acts:
    1. Defaming or slandering the reputation or credibility of, or violating the privacy rights of, JETRO, Users, Registrants, or third parties;
    2. Disclosing the confidential or personal information of JETRO, Users, Registrants, or third parties without prior permission;
    3. Infringing the intellectual property rights or know-how of JETRO, Users, Registrants, or third parties;
    4. Interfering with the activities of JETRO, Users, Registrants, or third parties by means of unfair infringements or transactions, etc.;
    5. Causing problems in transactions or payment with JETRO, Users, Registrants, or third parties;
    6. In addition to items 4 and 5, acts that cause economic damage to JETRO, Users, Registrants, or third parties;
    7. Threatening behaviour towards JETRO, Users, Registrants, or third parties;
    8. Transferring, pledging or lendingRegistration to a third party:
    9. Registration on behalf of a person whose application for Registration has been suspended:
    10. Registering multiple email addresses and holding multiple Registrations etc.;
    11. Interfering with the Directory or other JETRO systems, such as mass access, retrieval, data collection, downloading, unauthorized access, system attacks, modifications, or infection by computer viruses;
    12. Posting information, which has not been authorized or is not true, as Registration information;
    13. Requesting the opening of a local bank account for the purpose of fraudulent asset management;
    14. Contacting repeatedly for the purpose of unilateral solicitation or sales, pyramid schemes, pyramid selling, or any other improper purposes;
    15. Registering inaccurate, misleading or false information;
    16. Registering images, texts, etc. that are irrelevant with the purpose of the Directory;
    17. Registering obscene information or other acts that may cause discomfort or disgust to the viewers;
    18. Other than as set out in clauses 12 to 17, acts that interfere with the operation of the Service;
    19. Fraudulent or other criminal activities;
    20. Violating the law or public order and morals;
    21. Non-compliance or violating of human rights;
    22. Allowing the usage of Registration to an antisocial force or its members, or a person substantially involved in such an antisocial force or its members;
    23. Any other action that is in conflict with these Terms and Conditions, agreements with JETRO, or contrary to JETRO's instructions; or
    24. Any other acts that JETRO deems inappropriate.
  2. In the event that JETRO deems that any of the items in the preceding paragraph applies or is likely to apply, JETRO may, at its discretion and without prior notice to User or Registrant, take the necessary measures, such as deleting or changing Registrant's registration, or publishing such information on JETRO’s website.
  3. JETRO shall not be liable to User or Registrant for any disadvantage etc. incurred as a result of or in connection with the preceding paragraph.

12. Intellectual Property Rights

  1. Reproducing, showing, publicly transmitting, displaying, distributing, transferring, lending, adapting, translating or making secondary use of the Contents without the consent of the copyright holder is an infringement of copyright and the infringer may be held criminally liable.
  2. Registrant is obliged to ensure that it holds the legitimate Intellectual Property Rights of the content that it registers on the Directory, or, should the rights be attributed to a third party, it has completed the necessary rights handling (including, without limitation, a non-exclusive licence with the right to sub-license, as well as the non-enforcement of moral rights) that meets the conditions of these Terms and Conditions.
  3. Registrant warrants that Registrant will only register on the Directory or provide JETRO with content that is fully in line with the objectives of the Directory and these Terms and Conditions, and that Registrant will not infringe the Intellectual Property Rights, moral rights, or any other rights of any third party.

13. Restrictions on Use

  1. Should any of the following events occur, JETRO reserves the right, without prior notice, to (i) modify, edit, translate, discontinue, restrict, or terminate all or any part of these Terms and Conditions, the Service, the Directory, the Content, or the links; or (ii) suspend, restrict, or terminate a particular Registrant's or User’s access to, registration with, and use of the Directory.
  2. Natural disasters, terrorism, war, political unrest, entry restrictions, infectious diseases, labour disputes or other force majeure events.
  3. A system failure or the likeliness of one in relation to the Directory.
  4. A change in the circumstances, on which the decision was based at the time of Registration.
  5. A security risk in User's or Registrant’s PC or other terminal environment, Internet connection or security situation.
  6. Violations of the prohibitions set out in Article11.
  7. Failure to reach Registrant's registered email address, or not receiving any reply from Registrant within 14 days of sending an email.
  8. Any explicit or implicit statement by Registrant, which may lead to misinterpretations that its Registration with the Directory has involved any approval, certification, or endorsement by JETRO.
  9. In addition to the above, when JETRO judges it appropriate.
  10. JETRO shall not be liable to User or Registrant for any loss or damage arising from or in connection with the abovementioned.

14. Limitation of Liability of JETRO

  1. For the convenience of Users, the Directory may include content, links, and other information provided by third parties over whom JETRO has no control or responsibility, or information that has been translated by JETRO for convenience.
  2. JETRO is under no obligation to monitor, control or restrict the use of the Directory.
  3. JETRO does not guarantee that the content provided by Registrants do not infringe the rights of third parties.
  4. JETRO is under no obligation to register the Content or to provide any information accompanying to the Content or pertaining to Registrant.
  5. JETRO makes no warranties, explicitly or implicitly, with respect to the Directory (including the Content, hardware, software, and links) with respect to merchantability, fitness for a particular purpose, Registrant’s rights, non-infringement of third party rights, results, accuracy, completeness, accessibility, compatibility, operational stability, security, or otherwise, unless otherwise provided herein. Users and Registrants shall use the Directory at their own risk and expense, to the extent permitted by law.
  6. In no event shall JETRO be liable for any direct, indirect, consequential, special, incidental or punitive damages or lost profits arising out of the connection ability of the internet, the Directory, the Content, and links or otherwise, whether based on contract, tort, no-fault liability or any other cause. This shall apply even if JETRO has been advised of the possibility of such damage.
  7. JETRO is not a party to, nor does it provide consultation services for, nor does it assume any responsibility for any contracts entered into by Users or Registrants through the Directory.
  8. JETRO shall not be liable to User or Registrant or both for any disadvantage caused by or in connection with the restriction of use as stipulated in Article 11.

15. Force Majeure

JETRO shall not be liable to User or Registrant or both for any failure or delay in performance of its obligations under these Terms and Conditions resulting directly or indirectly from natural disasters, labour disputes, terrorism, war, political instability, entry restrictions, infectious diseases or other force majeure or any other cause beyond the control of JETRO.

16. Application Priority

Should there be any other terms and conditions for the Service or other services provided by JETRO on the Directory or elsewhere, they shall also apply. However, in the event of any conflict, the provisions of these Terms and Conditions shall prevail.

17. How to Contact Us

  1. In the event that JETRO deems it necessary to contact Registrant, it will do so by email to the registered email address.
  2. Should Registrant change its regularly used e-mail address, Registrant should contact JETRO with the new e-mail address to change the registration.
  3. In the event of a problem in sending e-mail to Registrant, JETRO will delete the information of such Registrant who cannot be reached, without prior notice to such Registrant by telephone or other means. JETRO will not be held responsible for any resulting disadvantages suffered by Registrant.

18. Governing law

These Terms and Conditions and any rights and obligations derived from them shall be governed by the laws of Japan.

19. Jurisdiction

  1. JETRO, User or Registrant shall use reasonable endeavours to negotiate and co-operate in good faith to reach a mutually satisfactory settlement of all disputes, controversies or differences of opinion which may arise between JETRO and User or Registrant from or in connection with these Terms and Conditions.
  2. If, despite the efforts set forth in the preceding paragraph, JETRO and User or Registrant are unable to reach a resolution, all disputes, controversies or disagreements that may arise between JETRO and User or Registrant arising out of or in connection with this Agreement shall be resolved by arbitration in Tokyo, Japan, in the English language, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The decision by the arbitration award shall be final and binding, and an enforcement award may be obtained from any court of competent jurisdiction.

20. Amendments to These Terms and Conditions

JETRO reserves the right to amend these Terms and Conditions at any time without prior notice. Should Registrant continue to register as a Registrant of the Directory as of the date of these amendments, Registrant will be deemed to have agreed to these amendments.

21. Residual Clauses

Registrant’s obligations under these Terms and Conditions will not cease and will continue notwithstanding any termination of the Directory, Registrant’s use of the Directory, Registrant’s Content on the Directory, or these Terms and Conditions.

22. Waiver

The failure of JETRO, User, or Registrant to enforce any provision of these Terms and Conditions at any time or for any period in accordance with its provisions shall not be construed as a waiver of such provision or of the right to enforce such provision subsequently.

23. Severability

Should any provision of these Terms and Conditions be held to be invalid or illegal, such invalidity or illegality shall not in any way affect, impair the validity of, or invalidate any other provision of these Terms and Conditions, and all other provisions of these Terms and Conditions shall remain in full force and effect.

24. Entire Agreement

These Terms and Conditions constitute the entire agreement between JETRO and User and replace any previous written or oral agreements or correspondence.

Last Updated: January 31, 2022

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