Terms of Services

Terms and Use

These Terms of Use (“Terms”) are a legal contract between you (“you”) and Mochikichi Co., Ltd.  (“us”, “our”, “we” or “Mochikichi”) and govern your use of all the text, data, information, software, graphics, photographs, videos and other materials (the “Materials”) and services (“Services”) that we may make available to you through any area of the website (collectively with the Materials and Services the “Site”) and any software that we provide for installation and use on a mobile device that permits you to access and use the Services (each, a “Mobile Application”).

BY ACCESSING, BROWSING OR USING THIS SITE OR A MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THIS SITE OR ANY MOBILE APPLICATION.  AGREEING TO THESE TERMS ALSO CONSTITUTES YOUR AGREEMENT WITH THE MOCHIKICHI PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE INCORPORATED HEREIN.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH MOCHIKICHI.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

INFORMATION, STATEMENTS AND REVIEWS FROM SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.  RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT.  MOCHKICHI ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.  

Mochikichi reserves the right to revise these Terms at any time. We will inform you of any modifications to these Terms by posting them on the Site and, if you have registered for an account with us, by describing the modifications to these Terms in an email that we will send to the email address associated with your account and requiring you to agree to the revised terms the next time you log in to the Site. 

We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. If we make any material modifications to the Services or our price for any of our Services, we will notify Mochikichi account holders by email at least 30 days before such change takes effect. If you object to any such modifications, your sole recourse shall be to cease using the Site and Mobile Applications and, if you have an subscription with Mochiichi, cancelling that subscription by emailing logging into your account or emailing us at international-ino@mochikichi.co.jp and following the instructions, if any, we provide you in response to your cancellation request within 30 days of your receipt of our notice of changes.  Your continued use of the Site will constitute your acknowledgement and acceptance of any such changes.

1. USE OF THE SITE

In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Mochikichi. You may not copy, modify, or distribute the contents of this Site without the express written permission of Mochikichi. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

• Posting, communicating or transmitting any material that misappropriates, infringes or violates any intellectual property, publicity or privacy right of another person or entity;
• Posting any information which is untrue, inaccurate or not your own;
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; or
• Attempting to interfere in any way with the Site’s or Bokksu’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell or otherwise provide use of or access to, the Site to any third party without our prior written consent.

We distribute Mobile Applications that permit users to access and use certain of the Services and Materials via mobile devices.  To use a Mobile Application, you must have a mobile device that is compatible with it.  We do not warrant that any of the Mobile Applications will be compatible with your mobile device.  We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application for one registered account on mobile devices owned or leased by you, solely for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to your use of the Mobile Applications.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms are between you and Mochikichi only, and not with Apple, Inc. (“Apple”).
• Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
• Mochikichi, and not Apple, is solely responsible for the iOS App and the Services and content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
• You agree that Mochikichi, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and you further agree all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
• You agree that Mochikichi, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to your license of the iOS App.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as it relates to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms are between you and Bokksu only, and not with Google, Inc. (“Google”).
• Your use of the Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App.  Bokksu, and not Google, is solely responsible for the Android App and the Services and content available thereon.  Google has no obligation or liability to you with respect to the Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.

2. REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will be required to register for an account with Mochikichi and provide specific information. All information you provide must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords for the Site should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. Should you believe your password or security for the Platform has been breached in any way, you must immediately notify us. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

You are responsible for complying with these Terms when you access and use the Site or use the Mobile Applications.  It is your responsibility to obtain and maintain all equipment and services needed for you to access to and use the Site and Mobile Applications as well as paying related charges. 

3. ADDITIONAL TERMS AND CONDITIONS

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and review guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall supersede the provision(s) of these Terms that are designated therein as being superseded.

4. SITE NOT FOR MINORS

The Site are available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by Mochikichi for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. By using the Site, you agree that you are at least 18 years of age or, if you are under 18 years of age  (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms.  If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.  Use of the Site is prohibited where prohibited by law.

5. FRAUD PROTECTION

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

6. SUBSCRIPTIONS AND PAYMENTS

Mochikichi offers five subscription types: rebillable monthly subscriptions (“One-Month Subscription”); prepaid semi-annual subscriptions ("Six-Month Subscription"); prepaid annual subscriptions ("Twelve-Month Subscription"); and prepaid gift subscriptions of one, six, or twelve months ("Gift Subscriptions"). You agree to pay all fees applicable to your purchases using one of the payment methods we support. Except as otherwise specified in these Terms or in applicable Additional Terms (a) fees are quoted and payable in Japanese Yen, and (b) payment obligations are non-cancelable and fees paid are non-refundable.

If you elect to purchase a paid subscription, we or our third-party payment processor will charge your payment method on the date that you subscribe.  By providing a payment method, you expressly authorizes Mochikichi and/or our third-party payment processor to charge the applicable fees to said payment method. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed.  You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

6.1  Recurring Subscriptions (One-Month, Six-Month and Twelve-Month Subscriptions)

AUTOMATIC RENEWAL: BEGINNING WITH THE FIRST MONTH FOLLOWING THE END OF THE MONTH FOR WHICH YOU INITIALLY SUBSCRIBE FOR A RECURRING SUBSCRIPTION, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION.  EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION TERM. BY PURCHASING A RECURRING SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE, MOCHIICHI (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD MONTHLY AT THE THEN-CURRENT SUBSCRIPTION RATE FOR YOUR SUBSCRIPTION AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS AND WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE MONTHLY PERIODS UNTIL YOU CANCEL IT.

YOU MAY CANCEL YOUR RECURRING SUBSCRIPTION AT ANY TIME, BY LOGGING INTO YOUR ACCOUNT OR EMAILING US AT international-ino@mochikichi.co.jp AND FOLLOWING THE INSTRUCTIONS, IF ANY, WE PROVIDE YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. THE CANCELLATION OF A BOX SHIPMENT MUST BE MADE 1 BUSINESS DAY BEFORE THE NEXT BILLING DATE REFLECTED IN YOUR ACCOUNT SETTINGS. IF YOU CANCEL YOUR SUBSCRIPTION LESS THAN 1 BUSINESS DAY BEFORE YOUR NEXT BILLING DATE, YOUR SUBSCRIPTION WILL NOT BE CANCELLED AND YOU WILL NOT RECEIVE A REFUND.  INSTEAD, YOUR SUBSCRIPTION WILL RENEW AND YOU WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE NEXT RECURRING SUBSCRIPTIONS PERIOD FOR WHICH YOU HAVE PAID (AT WHICH TIME, YOUR SUBSCRIPTION WILL CANCEL). IF YOU CANCEL A RECURRING SUBSCRIPTION BEFORE ALL OF YOUR BOXES HAVE BEEN DELIVERED, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.  BOKKSU MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BOKKSU REASONABLY COULD ACT.

WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT RECURRING SUBSCRIPTION FOR WHICH YOU HAVE PAID), UPON 30 DAYS ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE 30 DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS FOR CANCELLATION OR EMAILING US AT HELLO@BOKKSU.COM AND FOLLOWING THE INSTRUCTIONS, IF ANY, WE PROVIDE YOU IN RESPONSE TO YOUR CANCELLATION REQUEST, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.

In the event you cancel your Recurring Subscription, please note that we may still send you promotional communications about Bokksu, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

 

7. PRODUCT INFORMATION; LIMITATION ON QUANTITIES; FULFILLMENT

Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Site is complete and reliable. All descriptions, images, features, specifications and prices of the products are subject to change at any time without notice. The inclusion of any product on the Site does not imply or warrant that such product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason (including after an order has been submitted or acknowledged): (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any product. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to revise, suspend, or terminate events or promotions at any time without notice.

All orders will be processed and fulfilled by our third party fulfillment partner.  You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Mochikichi for delays or early deliveries.  We reserve the right to make deliveries in installments. 

You should inspect your package to ensure the contents are undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.

Mochikichi is not responsible for:

• Items delivered to incorrect addresses supplied by you or the recipient of the product.
• Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the you or recipient.
• Decreased product quality due to an incorrect delivery address supplied by the you or the recipient, or a re-route requested by the you or the recipient.

All claims for damaged or missing shipments must be made by through our third party fulfillment partner.

8. PROPRIETARY RIGHTS

You acknowledge and agree that as between you and Mochikichi the Site, the Mobile Applications, and all Materials and other elements available on the Site and Mobile Applications are the property of Mochikichi or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All other trademarks are the property of their respective owners. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Mochikichi.

9. CONTRIBUTED CONTENT GUIDELINES

Mochikichi values your engagement. When contributing content, please consider the following guidelines:

• By submitting or posting any materials or content on the Site, you grant Mochikichi a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your submission or any modification thereto, in whole or in part, into any technology, product, or service). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Bokksu the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Mochikichi will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Use obscenities, discriminatory language, or other language not suitable for a public forum;
• Post advertisements, “spam” content, or references to other products, offers, or websites;
• Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
• Post unduly critical or spiteful comments of other content posted on the page or its authors;
• Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
• Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Any such eedback provided by you to us (e.g., comments, questions, suggestions, etc. – collectively, “Feedback”) through any means of communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

10. GENERAL DISCLAIMERS

You assume all responsibility and risk with respect to your use of the Site and Mobile Applications. THE SITE. MOBILE APPLICATIONS, AND ALL MATERIALS, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BOKKSU DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED HEREIN. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. YOU, AND NOT BOKKSU, ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON-ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND ANY POTENTIAL ALLERGENS IN THE PRODUCTS. THE PRODUCTS ARE NOT MADE IN ALLERGEN FREE FACILITIES AND THERE MAY BE A POTENTIAL FOR CROSS CONTAMINATION WITH OTHER PRODUCTS THAT ARE NOT ALLERGEN FREE. 

Mochikichi makes no warranties of any kind regarding any non-Mochikichi sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Mochikichi makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Mochikichi sites. Mochikichi does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

11. DISCLAIMER – NO PROFESSIONAL ADVICE

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

12. TAXES

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.

13. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Mochikichi, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL BOKKSU, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE TO ANY USER OF THE SITE OR MOBILE APPLICATION FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MOBILE APPLICATIONS, HOWEVER ARISING, EVEN IF BOKKSU HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOKKSU, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR SUPPLIERS, AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR THE MOBILE APPLICATIONS EXCEED THE AMOUNT YOU PAID TO BOKKSU IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

15. INTERNATIONAL USE

We control and operate the Site from Japan. We make no representation that materials on the Site are appropriate or available for use outside Japan. If you choose to access this Site from outside Japan, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. RISK OF LOSS

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

17. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

Mochikichi specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. 

18. SEVERABILITY

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

19. WAIVER; REMEDIES

The failure of Bokksu to partially or fully exercise any rights or the waiver of Bokksu of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Bokksu or be deemed a waiver by Bokksu of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Bokksu under these Terms and any other applicable agreement between you and Bokksu shall be cumulative, and the exercise of any such right or remedy shall not limit Bokksu’s right to exercise any other right or remedy.

20. CUSTOMS & DUTIES

We control and operate the Site and provide the Services and Mobile Applications from our headquarters in Japan and the entirety of the Site and Mobile Applications may not be appropriate or available for use in other locations.  If you use the Site or Mobile Applications (or any portion thereof) outside Japan, you are solely responsible for following applicable local laws.

By creating an account and placing an order on Mochikichi, all international customers recognize they are liable for any customs, duties, taxes or fees that may incur. The recipient of the shipments must comply with all rules and regulations of the destination country. The recipient of said international shipments may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Mochikichi has no control over these charges, nor can Mochikichi predict what they may be. 

The recipient of the shipment is the importer of record in the destination country and is responsible for all Import duties, taxes, and fees, the clearance of said merchandise, and the process and remittal.

You (the recipient) are responsible for any duties and fees that may incur and Mochikichi will not refund or pay for said fees.