Terms of Service

Terms of service

Effective as of July 11, 2020

 

Agreement between User and Finewagyu.com

Welcome to finewagyu.com. The finewagyu.com website (the “Site”, “Finewagyu”, “we”, “us” or “our”) is comprised of various web pages operated by FINE WAGYU(“The Company”, “we”, “us” or “our”). Finewagyu.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of finewagyu.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

Finewagyu.com is an E-Commerce Site.

Finewagyu.com is selling Chilled and Frozen Japanese Beef imported from Japan.

 

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Finewagyu.com Privacy Policy is incorporated by reference into, and made a part of, these Terms.

 

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an "Order"). If you pay with a credit card, Finewagyu.com may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Finewagyu account, you can do so at any time by logging into your account and editing your payment information.

You acknowledge that the amount billed may vary due to promotional offers, changes to our service or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

Electronic Communications

Visiting Finewagyu.com or sending emails to The Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, Via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Resale and Export

You agree that all products purchased from Finewagyu.com you will not resell or export, you are not permitted to do so.

 

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from Finewagyu.com, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export or resell. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

 

Returns and Refunds

If you are dissatisfied with your delivery for any reason, please contact us at [email protected] within seven (5) days of the date you received the products and we may either replace the item at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item. Due to the perishable nature of the product, we don’t offer exchanges. Please note that the nature of meat products is that each animal is different and the quantity and size of individual cuts within a given share may vary based on the weight of the animal and butchering process. Therefore we are not able to guarantee a specific weight, quantity or individual cut size within a share beyond the general estimation and description which is provided for general guidance purposes only. We may require the return or photographic documentation of any item with which you are dissatisfied before we provide you a credit or refund.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Company is not responsible for third part access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Finewagyu.com only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

Finewagyu.com may contain links to other websites(“Linked Sites”). The Linked Sites are not under the control of The Company and The Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site or any association with its operators.

 

Certain services made available via Finewagyu.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Finewagyu.com domain, you hereby acknowledge and consent that The Company may share such information and data with any third party with whom The Company has contractual relationship to provide the requested product, service or functionality on behalf of Finewagyu.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Finewagyu.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphic, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Company or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by The Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Company Content accessed through Finewagyu.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable lows, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defenses.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FINE WAGYU AND /OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

FINE WAGYU AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FINE WAGYU AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINE WAGYU AN/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FINE WAGYU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOU SOLE AND EXCLUSIVE REMEDY IT TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the Site. A printed version of this agreement and of any notice given in electronic for shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which Finewagyu.com is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.