Content

Terms of service

Welcome to NEKOHAMA!

These terms and conditions (“Terms”) govern your (the “Customer”, “you”, or “your”) access to and use of Neko Tea Company d/b/a NEKOHAMA (“NEKOHAMA”, “we,” “us,” “our”) online platform (collectively, the “Platform”). If you have any questions, concerns, or comments on these Terms, you can contact us at help@nekohama.co.

GENERALLY

By accessing, viewing, and/or using the Platform, you indicate that you have read, understand, agree to, and intend to be legally bound by these Terms.

NEKOHAMA may change these Terms from time to time. Please review these Terms periodically. Your continued access to, viewing, and use of the Platform, and/or our Products and Services means you accept any and all updates, changes, and modifications.

By accessing and viewing the Platform, you represent that you are 18 years of age or older, and that you are of legal age to form a binding contract. If you are not at least 18 years old and able to form a binding contract, you represent and warrant that you have received your parent’s and/or legal guardian’s permission to view, access, and use the Platform, and that your parent and/or legal guardian agrees to these Terms on your behalf.

If you (1) do not agree to these Terms, (2) are under 18 years of age, and/or (3) do not have your parent’s and/or guardian’s permission where required, you are not granted permission to access, view, or use the Content or Platform and must exit immediately.

ABOUT US & OUR PLATFORM

A. What We Do

NEKOHAMA is a health and wellness company that sells various health and wellness products (our “Products”). Our Platform and our Products are only for your personal and non-commercial use and enjoyment.

To accomplish our business goals, we work with Processors (defined in the Privacy Policy) and we work with Suppliers, which includes our third-party suppliers, affiliates, and partners.

B. Signing Up

In order to purchase our Products with a subscription, we may ask you for various information and/or require you to sign up for an account (“Account”).

The Platform will prompt you to provide various information to create your Account, including (1) a username, (2) a password, (3) your email address, (4) your phone number, (5) confirmation that you meet our age requirements (but not your specific age), and (6) various other related information. You agree that to create an Account, you must supply all required information that the Platform prompts you to input.

If you would like to delete your account, you must email us at help@nekohama.co. You may request that we delete your account at any time. We will directly delete your account as soon as possible, but in any case within fifteen (15) calendar days of your request. You will not be charged any fees for this process.

USE OF OUR PLATFORM

By viewing and/or accessing the Platform, NEKOHAMA grants you a limited license only for viewing the content of our Platform (“Content”) and purchasing our Products

OUR PRODUCTS

A. Our Product Offerings

We may offer a range of various Products on the Platform. Please note that:

  1. Product availability is subject to demand;
  2. We may alter and/or discontinue various Products in our discretion;
  3. There may be a waiting time for certain Products based upon availability and demand;
  4. We may offer various free gifts and/or Products in our discretion from time to time.

B. Product Information

We will provide various information on our Platform regarding each of our Products. Each Product may have various instructions for use and consumption that will accompany each of our Products. All applicable expiration dates, product representations and warranties, and waivers will appear within the instructions and information included along with each Product.

C. Product Shipping

We offer a range of shipping times and rates, which are listed and described at checkout. However, in an effort to be conscious of the environment, we currently do not offer next day air. We may change our shipping policy(ies) and rate(s) from time to time. Any changes to our shipping policy(ies) and rate(s) will be reflected at checkout when purchasing our Products.

D. Product Returns

Please review the NEKOHAMA Return Policy for more information. We will review all complaints and legitimate requests for return(s) based on the circumstances, but with the final outcome in our sole discretion. You agree not to file any fraudulent complaints and/or requests for a return and/or exchange. NEKOHAMA may at its own discretion look into and investigate any claim(s) that NEKOHAMA believes fraudulent in any way.

Furthermore, please note that orders cannot be cancelled once they have been placed. Please review your order carefully before completing your purchase.

OUR PRODUCT COSTS

All of our Products’ pricing is listed on the Platform along with each Product. Our Products are currently offered to you in two (2) ways: (i) as individual products, and (ii) pursuant to a subscription service.

A. Individual Products

You may purchase our Products individually in quantities of your choosing. All prices (including any applicable discounts) will be listed on the Platform.

B. Subscription Service

We currently offer a subscription service that allows you to pre-order certain Products over a period of time with a discount for subscribing (the “Subscription”), the terms of which are set out in the Subscription Policy.

The Subscription pricing and discount(s) are listed on our Platform. You may cancel your Subscription at any time following a minimum of two (2) completed Subscription orders. You agree that we may charge your credit card during the subscription period in regular intervals. However, we may at any time alter and change (1) the individual pricing of our Products, (2) the pricing and terms of any Product subscription offer, and (3) the terms of our Product pricing policies at our sole discretion.

C. MatchaCircle
We currently offer a MatchaCircle program that allows you to earn credits toward future orders when you opt-in to Onward Shipping Protection. The credits earned through the MatchaCircle program may not be exchanged for cash (unless required by law), are non-transferrable, cannot be sold, returned or exchanged, and you have no property rights in or to the MatchaCircle credits. Credits earned will be decreased or reversed, as applicable, if part or all of the purchase is returned or canceled or if the credit is obtained through fraudulent or other activity that violates these terms. NEKOHAMA is not responsible for lost or stolen credits. Any Matcha Circle credits will expire twelve (12) months after issuance.

D. Referral Credit
We currently offer a referral program through which you may earn credits toward future orders by referring new customers to our Platform ("Referral Credits"). To obtain a Referral Credit, you must refer a friend who has not previously created an account on our Platform, and that friend must complete a qualifying purchase using your unique referral link or code. Once your referred friend's qualifying purchase is confirmed, the applicable Referral Credit will be applied to your account.

Referral Credits may not be exchanged for cash (unless required by law), are non-transferable, and cannot be sold, returned, or exchanged. You have no property rights in or to any Referral Credits. Credits will be reduced or reversed if part or all of the associated purchase is returned or canceled, or if the credit was obtained through fraudulent or other activity that violates these Terms. NEKOHAMA is not responsible for lost or stolen credits. All Referral Credits expire six (6) months after issuance.

OUR INTELLECTUAL PROPERTY

You agree that NEKOHAMA and its Suppliers own all right, title, and interest in and to (1) the Platform, (2) all of our own trademarks, logos, service marks, trade dress rights, or other source-identifying symbols or devices (whether registered or unregistered), such as the “NEKOHAMA” trademark(s); (3) all of our own copyrightable material (whether registered or unregistered) that makes up the Platform (such as our proprietary software, coding, and Content);and (4) all design or utility patents in the Platform (whether registered or unregistered) (collectively, “NEKOHAMA IP”).

Other than as described above, you agree to not copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, create derivative works from, and/or exploit the NEKOHAMA IP and/or any part of the Platform. This agreement applies no matter the medium, anywhere in the world, for any reason, and including for any commercial purpose.

You also agree not to interfere with, reverse engineer, exploit, and/or infringe on the Platform in any way.

CUSTOMER CONDUCT ON PLATFORM

A. Customer Restrictions

When using and accessing the Platform (or viewing, creating, and posting Content), you agree that you will not do any of the following:

  1. Restrict or inhibit any other Customer in any way from viewing, accessing, using and/or enjoying the Platform and/or our Products;
  2. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication, or engage in spamming or flooding through our Platform;
  3. Transmit any information, software, and/or material, which contains a virus, trojan horse, worm and/or other harmful component;
  4. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate, mine, scrape, and/or search the Platform and/or the Content;
  5. Copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, counterfeit, create derivative works from, and/or exploit the Content and/or NEKOHAMA IP;
  6. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up the Platform and/or the Products;
  7. Express or imply that any statements you make are endorsed by NEKOHAMA, without NEKOHAMA’s prior written consent;
  8. Impersonate any person or entity, whether actual or fictitious, including, but not limited to, any other Customer, or employee or representative of NEKOHAMA when using our Platform or ordering any Products.

Failure to comply with these Customer Restrictions is a violation of these Terms.

B. Platform Monitoring

You recognize and agree that NEKOHAMA has no obligation or duty to monitor the Platform. However, you agree that NEKOHAMA and its Suppliers and Processors have the right to monitor the Platform electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Platform and the Products properly; and/or (3) protect itself, its Suppliers and/or its Customers.

CUSTOMER REGISTRATION AND INFORMATION

A. Accurate Information

To sign up to the Platform, we may ask you to provide certain personal information, such as your name, a username, and various other information. You agree to: (1) provide true, accurate, current, and complete information about yourself as prompted by any registration form(s), input page(s), and registration form(s) on the Platform; and (2) to maintain and update all such information to keep it true, accurate, current, and complete.

If any information provided by you is untrue, inaccurate, not current, and/or incomplete, we have the right to prevent your access to the Platform.

B. Verification

You agree we may verify your identity at any time during or after your use of the Platform. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, and/or requiring you to take steps to confirm ownership of your email address, mailing address, telephone number, and/or verifying information you provide against third party databases or other sources.

If: (1) you do not provide any required information to login, as prompted, and/or (2) NEKOHAMA can’t verify your identity for login purposes, then you agree that NEKOHAMA may refuse to allow access to the Content and the Platform.

C. Login and Password

NEKOHAMA may require you to create a login and password to sign up to our Platform and purchase our Products (specifically as related to ordering a Subscription). You agree that you are solely responsible for maintaining the confidentiality of your personal login and access information.

D. Use with Your Mobile Device

Access to our Platform and purchase of our Products may be available through a compatible mobile device, Internet, and/or network access, and may require software and/or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

NEKOHAMA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (1) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PLATFORMS AND/OR OUR SERVICES AT ANY TIME, OR FROM ANY LOCATION; (2) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF TELECOMMUNICATION SERVICES; (3) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE PLATFORMS AND/OR OUR SERVICES. NEKOHAMA WILL NOT BE LIABLE TO YOU IN ANY WAY FOR ANY SUCH DELAYS, INTERRUPTIONS, AND/OR INACCURACIES.

ELECTRONIC COMMUNICATIONS

A. Emails

We may: (1) provide you with a way to contact us through the Platform, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically.

You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Platform, or by another method mutually agreed to by you and NEKOHAMA. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing

All electronic communications will be received or otherwise recorded by NEKOHAMA, and are subject to archival, monitoring, or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be Personal Information as defined in our Privacy Policy. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential or sensitive information other than as requested by NEKOHAMA and its Suppliers. Nothing stated in this paragraph intends to contradict or violate our Privacy Policy, and our Privacy Policy controls our processing of your personal information.

B. Subscriber Emails

You agree that by providing us your email address on the Platform that we may send you subscriber emails with information about NEKOHAMA, our Products, and/or various promotions. You may unsubscribe from our subscriber email list at any time by following the “Unsubscribe” link at the bottom of any subscriber email(s) sent to you.

C. Recording

In connection with your use of the Platform and Products accessible through the Platform, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and NEKOHAMA, its Suppliers, and/or their representatives or agents. In a manner that is consistent with the Privacy Policy, you acknowledge and consent to the recording, retention, and use by NEKOHAMA and its Suppliers and Processors of any and all information and data contained in (1) any communication with NEKOHAMA and its Suppliers or Processors, and (2) any information input, posted on or through the Platform and Products.

THIRD PARTY PRODUCTS

We may offer you other services, products, offers, and/or promotions provided through third parties, and not by NEKOHAMA (“Third Party Products”) from time to time. If you decide to use Third Party Products, you are responsible for reviewing and understanding the terms and conditions governing Third Party Products. You agree that the third party, and not NEKOHAMA or its Suppliers, is responsible for the performance of the Third Party Products. This may contain or reference links to third parties’ websites and platforms. Some of those links are provided as a convenience only.

The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by NEKOHAMA of any information contained in any third party’s website or platform. In no event will NEKOHAMA be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of NEKOHAMA. NEKOHAMA and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.

INDEMNIFICATION

You agree to defend, indemnify, and hold NEKOHAMA and its Suppliers harmless from any and all claims, liabilities, costs and expenses (no matter how arising), including, but not limited to, reasonable attorneys' fees, arising in any way from your use of the Platform and/or our Products that directly and/or indirectly arise from or relates to your use of the Platform and/our Products. 

LIMITATION OF LIABILITY

THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT OF WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEKOHAMA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, THIRD PARTY MISUSE OF DATA, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NEKOHAMA AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEKOHAMA AND YOU. NEKOHAMA AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE PLATFORM, THE CONTENT, AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEKOHAMA’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.

GOVERNING LAW

These Terms will be governed by the laws of the United States and the state of Delaware, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Headings are included for convenience only.

ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU.

Any dispute, controversy or claim arising out of, or relating to, in any way, these Terms and your access to and use of the Platform and/or the Products, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

This agreement to arbitrate under this section shall be specifically enforceable. We may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitration shall be conducted in accordance with the American Arbitration Association rules. The arbitrator shall have at least ten (10) years of experience in the field of online services and platforms and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association.

The arbitration shall be conducted in the state of California, county, and city of Los Angeles. The laws of the state of Delaware shall be applied in any such arbitration proceedings, without regard to principles of conflict of laws.

All arbitration proceedings will be conducted in English.

Except as may be required by law, you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of NEKOHAMA. The arbitrator shall not be entitled to issue injunctive or other equitable relief.

The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This section shall survive the termination or cancellation of these Terms.

Each party to an arbitration proceeding shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his or her sole discretion.

INTERPRETATION OF THESE TERMS

If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

PRIVACY POLICY

By accessing, viewing, and using the Platform and the Products, you also agree to accept the  NEKOHAMA Privacy Policy, as updated from time to time by NEKOHAMA.