(2) SBI Africa Co., Ltd. (“SBI”) reserves the right to update this TOU at its sole discretion when such updates are (i) considered beneficial to the Users or (ii) not in conflict with the purpose of the Site or this TOU, and are considered reasonable in light of the reason for, the changes made and the circumstances in which such updates are made.
(3) SBI will notify Users of any updates by positing notification on the Site or by sending an email or a text message to Users at least thirty (30) days prior to the effective date of such update. Users shall be considered to have agreed to the updated terms and conditions by using the Site after such effective date.
(1) Users shall not violate any applicable laws and regulations in connection with use of the services on the Site. This includes not only the laws and regulations of Japan, but also any laws and regulations of any other countries that are applicable to Users.
(2) Users shall not attempt to interfere with or disrupt any services, accounts, computer systems or networks connected to any SBI server or to any of the services, through hacking, password mining or any other means.
(3) Users shall not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the information or material obtained through the Site.
3. Communication Services
(1) SBI may contact or notify Users through e-mail, newsletter, text message or any other means of communication enabling SBI to communicate with the Users (the “Communication Services”).
(2) SBI has no obligation to monitor the Communication Services, provided however, SBI reserves the right to review materials posted to the Communication Services and to remove any such materials in its sole discretion. SBI reserves the right to terminate your access to any and all of the Communication Services at any time, without notice, for any reason whatsoever.
4. Intellectual Property Rights
(1) This Site and its entire contents, features and functionality (including without limitation, all information, software, text, displays, images, videos, audios and designs) are owned by SBI, its licensors or other providers of such material and are protected by the copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of Japan and other relevant jurisdictions.
(2) The name of SBI and all related names, logos, product and service names, designs and slogans are trademarks of SBI or its affiliates or their licensors. Users are prohibited from using such marks without prior written consent of SBI. All other names, logos, product and service names, designs and slogans on this Site are the trademark of their respective owners.
5. Limitation of Liability
(1) SBI makes no representations or warranties of any kind, express or implied, as to the use of the Site and the validity, accuracy, correctness, reliability, quality, stability, and/or other problems with the information, products and services displayed therein except any representation and warranty expressly stated herein.
(2) To the extent permitted under applicable laws, in no event will SBI, its affiliates, or their directors, officers, employees, service providers, or agents be liable for damages of any kind arising from or in connection to the use or inability to use this Site or any information, content, materials, products or other services, including without limitation, any direct, indirect, special, incidental, punitive, and consequential damages, and whether caused by tort (including negligence), breach of contract or otherwise. In the case SBI, its affiliates, or their directors, officers, employees, service providers, or agents are found to be liable for any damages, to the extent permitted under applicable laws, such liability shall not exceed USD 3,000 (in words, three thousand United State Dollars).
(3) Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranty, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
(4) In no event shall SBI be held liable for a delay or failure or disruption of the content or services delivered resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
(5) In no event SBI is not liable for any refund against any purchase made except warranty expressly stated herein or otherwise agreed upon by the parties in writing.
Users agree to defend, indemnify and hold harmless SBI, its affiliates, and their directors, officers, employees, service providers and agents from and against any claims, liabilities, damages, losses, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to the violation of this TOU or your use of the Site, including without limitation, the use of any of the content, services and products or information obtained through the Site.
7. Provision of Information
(2) SBI reserves the right at all times to disclose any information as SBI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SBI's sole discretion.
8. Governing Law
This TOU shall be governed by and interpreted in accordance with the laws of the Japan without giving effect to its choice of law provisions.
(1) No waiver by SBI of any term or condition set out in this TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term of condition, any failure of SBI to assert a right or provision under this TOU shall not constitute a waiver of such right or provision.
(2) If any provision of this TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.
SBI Motor Japan by SBI Africa Co., Ltd.