Pertex Fabric Lab Terms of Use
MN Inter-Fashion Ltd. ("us", “we” or “our”) provide Pertex Fabric Lab (“Website”) to you (if using or registering as an individual) or the entity you represent (if using or registering as a business) (“you") subject to the following terms of use ("Terms") for your use in connection with our Pertex fabric Information (“Pertex Information”). By visiting and/or using the Website and, you accept the Terms and represent that you have the authority to bind yourself or the company you represent to the Terms. Please read these Terms carefully before using the Website. If you do not want to be bound by the Terms, you are advised to leave the website accordingly. The Terms constitute the entire agreement between you and us related to your visit and/or use of the Website.
Use of the Website
The Website is only for your use and you are only authorized person or entity to use the Website. You may use the Website only for the purpose of checking the fabrics, confirming of its inventory and to get Pertex Information (“Purpose”). We grant you a limited, revocable license to access and use the Website. You may not use the Website for any other commercial or non-commercial purposes than Purpose or in any way that:
・Breaches any provision of the Terms, any code of conduct, any policy or other notice applicable to the Website.
・Attempting unauthorized access to the Website.
・Copying, modifying, deriving from the Website, reverse engineering or disassembling the Website, or otherwise attempting to find the source code, or having a third party do this.
・Providing content or services to third parties in any way, including sale, transfer, sublicense, distribution, security interests, or transfer of rights.
・We believe will harm us, our customers, suppliers or any other parties.
・Could damage, disable, overburden, or impair the Website (or any network(s) connected to the Website) or interfere with any other party’s use of the Website.
・We deem inappropriate.
Privacy policy
Before you continue using the website, we advise you to read our privacy policy https://mn-interfashion.com/en/privacy-policy-en/ regarding our user data collection. It will help you better understand our practices.
Intellectual property
You agree that all information, materials, products, and services provided on the Website are the property of us, our affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property (“Intellectual Property”). You also agree that (i) any of the Intellectual Property or relevant right is not transferred or granted to you, (ii) you will not reproduce or redistribute Intellectual Property in any way, including electronic, digital, or new trademark registrations, and (iii) you will not infringe in any way Intellectual Property.
User Accounts
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree that you are responsible for all activities that occur under your account or password regardless of who uses them, including all activities that occur under any user name you grant access to your account. You will ensure to comply with these Terms, or other agreement related to the Pertex Information you enter into with us. If you make changes to your settings or user permissions within the Website, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.
Changes to these Terms and the Website
We may in our discretion make any change to these Terms without notice to you. You are responsible for reviewing the revised Terms and/or any applicable postings. Continued use of the Website after such changes or posting will constitute your acceptance of the changes or postings. We may change the Website or delete any features or functionality, or any aspect of the services, in any way at any time for any reason.
Communications
You acknowledge that we will communicate with you primarily via e-mail or by posting notices on the Website. You agree that all agreements, notices including notices on the Website, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, we may monitor any electronic communications you make in connection with the Website and may use and/or disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with the Terms, and protecting the rights, property, and interests of us or any third party.
No Warranties
WE PROVIDES THE WEBSITE “AS IS," “WITH ALL FAULTS" AND “AS AVAILABLE." YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR E-MAILS SENT ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF THE WEBSITE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT; (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEBSITE; (4) ANY INCOMPATIBILITY BETWEEN THE WEBSITE, SERVICES, SOFTWARE AND HARDWARE; OR (5) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You release us and will indemnify, defend and hold harmless us and our affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees), arising from or related to your use of the Website, your breach of any representation or warranty or other obligation contained in the Terms.
Third Party Claim
If any third party makes claim related to your use of the Website, your breach of any representation or warranty or other obligation contained in the Terms (“Third Party Claims”), you will use counsel reasonably satisfactory to us to defend each Third Party Claims. If at any time we reasonably determine that any Third Party Claims might adversely affect us, we may take control of the defense at your expense. You may not consent to the entry of any judgment or enter into any settlement related to Third Party Claims without our prior written consent, which may not be unreasonably withheld.
Access Restriction
We may terminate these Terms or terminate or suspend your access to the Website at any time with or without cause. Upon any termination or suspension of these Terms, your right to use the Website will cease immediately, and you will not be able to retrieve any information related to your account. All provisions that reasonably may be construed as surviving these Terms will survive the expiration or termination of these Terms.
Applicable Law
By visiting the Website, you agree that the laws of the Japan, without regard to principles of conflict laws, will govern these Terms, or any dispute of any sort that might come between us and you.
Arbitration
Any controversy or claim arising out of or relating to the Website or theses Terms shall be finally settled by arbitration in Tokyo, Japan administrated by The Japan Commercial Arbitration Association and in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The arbitration will be conducted in Japanese language.
Interpreting the Terms; Assignment
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Website.
The section titles are solely used for the convenience of the parties and have no legal or contractual significance.
The Date of Establishment: 1st May, 2021