Website

This page governs the terms and conditions on which you agree to interact with the Nekotsuri, being Nekotsuri Pty Ltd and its related entities and each Nekotsuri franchisee in Australia (together We, Us, Nekotsuri) through our website at http://www.Nekotsuri.com.au and its subdomains (Website) (Terms of Use). 

Use of this Site

Each user of this Site (You) agrees to be bound by these Terms of Use. Your use of and access to this Website indicates your acceptance of and agreement with these Terms of Use, as they exist at the time of use.

The Terms of Use published on the date you view them on the Website supersede all prior versions.

If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.

These Terms of Use are governed by the laws of the State of Victoria and in the event that we have a legal dispute relating to this Website or these Terms of Use, the Courts of Victoria will have non-exclusive jurisdiction.

Ownership

All rights, including copyright, in this Website are owned by or licensed to Nekotsuri. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Nekotsuri. You must not modify, distribute or re-post anything on this Website for any purpose.

The trade marks, service marks and logos (Trade Marks) used in this Website are our or our licensor’s registered and unregistered Trade Marks. Our Website address is our uniform resource locator (URL). You must not make any use of this URL on another website or digital platform without our prior written consent. This Website, its design and layout, may not be copied, reproduced, adapted or transmitted in any form without our prior written consent. You acknowledge and agree that, except as expressly set out in these Terms of Use, you obtain no patents, trademarks, design rights, copyrights, trade names, confidential information or other similar rights of obligations (Intellectual Property) in any part of the Website.

As between you and us, all Intellectual Property in this Website vest in us. You also must not use any robot, spider, scraper, data mining process or other automated means to access this Website without the written approval of Nekotsuri. If you become aware of any infringements or suspected infringement by any third party of any Intellectual Property in this Website, you agree to immediately notify us.

Security

The transmission of information over the Internet (including to or from this Website) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. However, we do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

You acknowledge that you use the Website (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Website or that your access or use will be uninterrupted, timely or secure.

Accuracy of Content

We have taken every care in the preparation of the content of this Website, in particular to ensure that all products and processes have been fairly described. To the extent permitted by applicable law, Nekotsuri disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. Nekotsuri is not liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

We are not responsible or liable for the any information contained on third party websites, any third party content shown on, or linked to, our Website, nor for any infringement of third party intellectual property rights as a result of hosting links to third party websites.

We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a third party website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act).

We do not warrant the accuracy, currency or suitability for any purpose of the third party websites or third party content nor do we endorse the offers, products or services which they promote.

All statements, representations, offers, products or services provided through third party websites and third party content are the sole responsibility of the operator of the third party website or the author of the third party content and in so far as such links to third party websites or third party content are hosted on the Website they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.

Damage to your Computer

Nekotsuri cannot guarantee that your use of this Website, or any other websites accessible through it, won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use this Website and to screen out anything that may damage it. Nekotsuri is not liable to any person for any loss or damage which may arise to computer equipment as a result of using this Website.

Use of Website

You agree not to:

not to reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Website’s source code, formulas or processes, interfere with the security of the Website or the safe use of the Website by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users); use this Website for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us); knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on our Website; use the Website or the information contained in it for commercial purposes which are competitive to the Website or our business or which would otherwise be detrimental or prejudicial to our interests in any way; use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Website or which may otherwise place an unreasonable load on the infrastructure of the Website; publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive); collect or store personal data about other users of the Website; or do anything else which may interfere with or negatively affect the operation of our Website or others users. In using the Website and completing any forms, you warrant to Nekotsuri that you are a bona fide user and are not engage in any restricted or criminal activities, including but not limited to:

terrorist financing; money laundering; illegal gambling; distributing or funding drugs and drug paraphernalia; malicious hacking; and knowingly or recklessly provide us with inaccurate or incomplete information through the Website. Disclaimer of Liability

Subject to the following paragraph, neither Nekotsuri nor any of its agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives is liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use this Website. Nekotsuri makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website is free from errors or omissions or that this Website will be uninterrupted and error-free.

No provision of these Terms of Use (or any contract governed by these Terms of Use):

a) limits or exempts us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

b) applies to any damages arising from death or personal injury caused by the gross negligence of Nekotsuri or any of its employees or agents or fraud; or

c) requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

To the fullest extent permitted by law our liability in relation to the Website is limited to resupplying the Website free of the claimed issue to you and Nekotsuri will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.

By accessing the Website, the user assumes all risks associated with its use, including the risk that the user’s computer, software or data may be damaged or lost by data transmission errors or virus. If you choose to send any confidential information to us electronically, you do so at your own risk.

Severance

If any provisions of these Terms of Use are unlawful, void or for any reason unenforceable then those provisions are deemed to be severed and this does not affect the validity and enforceability of the remaining provisions.

Other Legal Notices

There may be legal notices, or other content, on other areas of this Website which relate to your use of this Website, all of which will, together with these Terms of Use, govern your use of this Website.

Changes to Legal Notices

We reserve the right to change these Terms of Use from time to time and we will take steps to bring such changes to your attention (such as placing notice of the changes on the Website). It is your responsibility to check these Terms of Use from time to time to ensure that you agree with them, and your continued use of the Website after any change to these Terms of Use will be deemed to be your acceptance of the change. If you do not wish to be bound by any of the Terms of Use, then do not use this Website.

Global Use of this Website

Information which we publish on this Website may contain references to products and services that are only available in Australia. Privacy

If Nekotsuri collects any Personal Information (as defined in the Privacy Act, we will comply with the Privacy Act and the Australian Privacy Principles in relation to such information. Our Privacy Policy, available at https://www.Nekotsuri.com.au/privacy/, applies to you, your use of this Website and our use of your Personal Information. By using this Website in accordance with these Terms of Use, You consent to the collection, use, disclosure and storage of your Personal Information in accordance with the Privacy Policy.

Use of Cookies

A “cookie” is a small text file about an Internet session that may be created when a visitor accesses a website. The information stored within a cookie can identify the computer, any pages that are visited and the duration of a visit. Presently, our Website uses cookies to facilitate personalisation within the site, and to gather general user behaviour. Each user is anonymous and the data gathered is analysed at least once monthly as a whole. Individual user behaviour analysis doesn’t dictate where improvements to this Website can be made. General user data can reveal visitor trends as a whole and allow us to consider viable improvements.

Your internet browser is likely to accept cookies by default. However, you should be able to set your browser to reject cookies and delete them from your system at any time.

Assignment

You must not assign any part of these Terms of Use without our written consent.

Law and Jurisdiction

This Website, any content contained on this Website and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with the laws of Victoria, Australia. The parties to any such contract agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.