Terms & Conditions

Welcome to JPMALL!! We provide web site features to you subject to the following conditions. If you visit or shop at JPMALL, please read thoroughly and confirm the terms and conditions, Privacy Policy and other directions because they contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Use of JPMALL constitutes acceptance of the following all directions. 

1. General

With the motto, "Without traveling abroad, everybody can enjoy buying and selling products at our world markets," JPMALL provide an internet online shopping site that unites Customer(s) and Seller(s) from across the globe. These terms apply to your use of and visit to JPMALL (also referred to as “this Web site”). You acknowledge that you are fully aware of the contents of these terms and, on browsing, viewing or in any other ways using any content of this Web site, you agree to be bound by and accept these terms and conditions (including our Privacy Policy). Before you may become a member of JPMALL, please review our Privacy Policy, which sets out our policy on the use and protection of the personal information provided by Customer(s) to JPMALL. These terms and conditions still apply to you even though you cancel the membership. 

2. Definition 

(i) “jpmall” or “this Web site” means which provides this online shopping Web site for Customers and Sellers or Shops.

(ii) “Customer” means a person who registered our free accounts and use this Web site;

(iii) “Seller” or “Shop” means any shops who sells Product(s) via this Web site;

(iv) “Product(s)” or “Item(s)”means any products listed as shopping items on this Web site;

(v) ”User” means all people who visit or use this Web site, including “Customer”, “Seller” and “Shop”.

(vi) “Terms” means all terms and conditions regarding jpmall. It includes our privacy policy and other directions.

(vii) “Contents” means all jpmall related content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software.

3. Website policies, Modification, and Severability

JPMALL reserves the right to update, revise or change these terms and conditions and any other information listed on this Web site at any time. Any such changes will take effect when posted on the Web site and it is the user’s responsibility to read the terms and conditions on each occasion when he/she uses this Web site and the user’s continued use of the Web site shall signify his/her acceptance to be bound by the latest terms and conditions. You should check our Web site frequently to see recent changes. jpmall will not be liable for any damages of any kind arising from revising or changing these terms and conditions and any other information.

4. Limit, Suspend or Terminate of Our services and Web site

jpmall reserves the right to limit, suspend or terminate our service at any time without any notices. We also reserves the right to ban the use of all contents and accessing to our Web site of the member whose membership was suspend or terminate for many years to come. jpmall will not be liable for any damages of any kind arising from limiting, suspending or terminating our service and Web site, including, but not limited to direct, indirect, incidental, punitive, and consequent damages.

4.1. If a member of jpmall change his/her password many times or frequently, jpmall might suspend or terminate the service to the member.

4.2. If an unauthorized use are detected, jpmall might suspend or terminate the service to the member.

4.3. If we find improper uses of memberships or ID and password of the members of jpmall, we might suspend or terminate the service to the member. 

4.4. If a member has a lot of trouble on purpose or accidentally, we might suspend or terminate the service to the member.

4.5. Because of the maintenance, jpmall could stop providing our service for a while with email notices for our members. It usually takes about 1 hour to 6 hours depending on conditions.

4.6.When jpmall suspend or terminate its service, the term of transaction might be extend. Jpmall reserves the right to fix the date of the limitation of transactions.

5. Disclaimer of Warranties and Limitation of Liability 

jpmall provides information of Shops, and introduce their products to the world through this Web site for our Customer(s). All transactions are conducted between Customer(s) and Shop(s) or Seller(s). jpmall are not involved in the actual transaction between Customer(s) and Seller(s). We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of all contents, the ability of Seller(s) to sell items, the ability of Customer(s) to pay for items, or that a Customer or Seller will actually complete a transaction.

If disputes arise between user and another user (between Customer(s) and Shop(s) etc.) , they are responsible for incurring the expense of lawsuits and other legal fees regarding the conflicts. jpmall reserves the right to cancel the membership and terminate the contract of the user who made conflicts. 

If a dispute arises between user and jpmall, they are responsible for incurring the expense of lawsuits and other legal fees regarding the conflicts.

5.1. Expressly agrees that use of jpmall is at User's sole risk. Neither jpmall, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that jpmall will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of jpmall, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through jpmall. This Web site is provided by jpmall on an “as is” and “as available” basis. jpmall makes no representations or warranties of any kinds of express or implied, as to the operation of this Web site or the information, contents, materials, or products included on this Web site. You expressly agree that you use of this Web site is at your sole risk. 

5.2. To the full extent permissible by applicable law, jpmall disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. jpmall does not warrant that this Web site, its servers, or email sent from jpmall are free of viruses or other harmful components. Jpmall will not be liable for any damages of any kind arising from the use of this Web site, including, but not limited to direct, indirect, incidental, punitive, and consequent damages.

5.3. jpmall cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. You agree to have sole responsibility for adequate protection of your data and/or equipment used in connection with this Web site and will not claim against us for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of this Web site. 

5.4. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequent damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

5.5. Without limiting other remedies, jpmall may limit, suspend or terminate our service and user’s accounts, prohibit access to our Web site, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

5.6. jpmall will not be liable for any dispute relating in any way to products or services sold or distributed by Seller(s) or through jpmall. All transactions are conducted by Seller(s) and Customer(s)

5.7. If a dispute arises between you and jpmall, we reserve the right to withhold and claim a settlement of obligation for the payments to users. User must make a prompt settlement to jpmall. We also reserve the right to attach user's assets for the payments.

6. Applicable Law 

By visiting jpmall, you agree that the laws of Japan, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between Customer(s) or Shop(s) and jpmall or its affiliates is subject to the exclusive jurisdiction of the Tokyo Summery Court or Tokyo District Court. You agree that any claim or dispute you may have against jpmall, must be resolved by a court located in Tokyo. 

7. Internet connection

Visiting jpmall or using our service, Users must prepare devices, connected line, software etc. at your own cost and risk. jpmall take no part in supporting our User(s). We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of all contents

8. Communications

8.1. When Customer(s) visit jpmall or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by postal mail written in English or Japanese. We do not accept any other languages. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

8.2. The nature of electronic communications means that your communications may be susceptible to data corruption, interception and delays. Neither this Web site nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like, warrant continuous, uninterrupted or secure access to our services, and operation of this Web site may be interfered with by numerous factors outside of our control. jpmall will not be liable for any damages of any kind arising from data corruption, interception and delays of our communications, including, but not limited to direct, indirect, incidental, punitive, and consequent damages.

8.3. When Customer(s) need to contact jpmall, you may only use email written in English or Japanese. We do not accept any other languages. We never accept visits and phone calls by customer. 

9. Children 

Our services are not available to children. If you are under 18, please do not submit any personal information to us and you may use jpmall only with the supervision of your parent or guardian. If you do not qualify, please do not use the site.

10. Membership Requirements

All members need to adhere to these conditions below. jpmall will not be liable for any damages of any kind arising from the information you provide or not amend. Otherwise, jpmall reserves the right to suspend or terminate, or cancel user’s account at any time without any notices.

10.1.  Member registration has to be done in person. 

10.2. must always provide valid and complete contact information and have a valid email address for using this Web site. (*jpmall don’t accept to register with certain free e-mail accounts.) If the information provided to jpmall has changed, members have an obligation to provide accurate information to jpmall immediately and keep the information up to date.

10.3. must understand English or Japanese.

10.4. must be at least 18 years old.

10.5. must have a nationality of the targeted country of the service provided by jpmall and live in the country.

10.6. must not be a member of antisocial forces.

10.7. must be aware of international trading and import restrictions when buying across borders. Certain items may be legal in your country, but may be illegal elsewhere.

10.8. must check the items in your cart if they are OK before purchasing. Since jpmall have a policy of NO REFUND and NO EXCHANGE.

10.9. must always log off our Web site after you finish using jpmall.

11. Account protection 

Your ID and password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your jpmall password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account including those actions that result in fees being charged to your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify jpmall and change your password. jpmall will not be liable for any damages of any kind arising from information leaks, including, but not limited to direct, indirect, incidental, punitive, and consequent damages.

12. Closing your Account

User(s) may close their account after all transactions and payments are completed. Upon User(s) request, we will close the account as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of use, and take other actions otherwise permitted by law.

13 Copyright 

13.1. All content included on this Web site, such as text, graphics, logos, button icons, images, audio or video clips, pictures, data compilations, and software, is the property of jpmall or its content suppliers and protected by Japanese and international copyright laws.

13.2. If User(s) provides their contents to jpmall(included on this Web site, such as text, graphics, logos, button icons, images, audio or video clips, pictures, data compilations, and software), the user shall grant to jpmall an royalty-free license to use the contents or allow to use the contents to third parties, User(s) shall not exercise their moral rights with the copylights. This does not mean, however, that the Web site or any portion of this website could be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of jpmall.

13.3. Save for the purpose of viewing the content of this Web site, you are not permitted to download, display, post, record, “mirror”, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this Web site or any information found at this Web site, in any form, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise. jpmall reserves the right to claim compensation to the person who took acts against these terms, and the person should pay ten times of the profit which was yielded by the contents of this Web site. 

13.4. jpmall and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing (by mail). jpmall makes no warranties of any kind, taking actions regarding the matter which was told us by the letter, and we don’t return the letter to the sender in each and every instance. 

13.5 jpmall respect also other rights. There will be handled along with the same conditions of the preceding paragraph.

14. License and Access 

14.1. jpmall grants you a limited license to access and make personal use of this Web site. This license does not include any resale or commercial use of this Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web site or any portion of this website shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of jpmall. 

14.2. You are not permitted to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of jpmall and our affiliates without express written consent. You are not permitted to use any meta tags or any other "hidden text" utilizing jpmall's name or trademarks without the express written consent of jpmall. Any unauthorized use terminates the permission or license granted by jpmall. 

14.3 Prior written consent must be obtained from jpmall before use the contents and etc. on the Web site.

15. Prohibited Matter

Using jpmall, users shall not ; (Otherwise, jpmall reserves the right to suspend or terminate, or cancel user’s account at any time without any notices.)

In the event that User(s) fails to perform its obligations under theses terms of use, User(s) shall be liable to pay to jpmall or third parties cost incurred directly by them. jpmall will not be liable for any damages of any kind arising, but not limited to direct, indirect, incidental, punitive, and consequent damages. The payments of users should be paid immediately even though jpmall suspend terminate, or cancel the account of users. jpmall reserves the right to attach the user's assets if they don’t have capacity to pay. We also reserve the right to withhold payments to users, or other options for payments (settlement of obligation etc.). 

15.1.  shall not misrepresent their identities.

15.2. shall not violate any laws, third party rights, or our private policies and conditions and terms.

15.3. shall not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior expressed written permission of jpmall, members and the appropriate third party, as applicable.

15.4. shall not interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites. 

15.5. shall not infringe on intellectual properties of jpmall. 

15.6. shall not assign or transfer their memberships of jpmall.

15.7. shall not use a different person's membership.

15.8. shall not be offensive to public order and morals.

15.9. shall not do false acts, obscene acts, unethical conducts and make other public nuisances (including segregating).

15.10. shall not solicit for something through jpmall or the Web site.

15.11 shall not use jpmall or the Web site for election campaigns and its related purposes.

15.12. shall not infringe on someone's privacy, slander someone's reputation

15.13. shall not harm someone physically, mentally, and economically.

15.14. shall not use a different person’s credit cards when you shop through jpmall.

15.15. shall not continue to use jpmall if a member’s account is suspended.

15.16.  shall not buy items through jpmall for resale and commercial purposes.

15.17. shall not disrupt service of jpmall for our users by damaging our Web site, systems, or related software, servers, networks etc.

15.18. shall not post any contents of jpmall or related information to other websites. jpmall will not be liable for any damages of any kind arising, but not limited to direct, indirect, incidental, punitive, and consequent damages.

15.19. shall not buy or sell prohibited items (examples shown below); Users are fully responsible for complying with all of your local import regulations. We advise you to check with your local authorities for any import regulations and restrictions before you enjoy shopping. Please note that these instructions described here are just a brief summary. Please contact your local authorities on their regulations, customs and tax policies.

・Firearms, Weapons and Knives - examples include pepper spray, replicas and stun guns.

・Adult Only – obscenity, pornography etc.

・Slot Machines - gambling equipment related to horse racing, bike racing, Japanese pinball etc.

・Lottery Tickets, cash vouchers, etc.

・Human Parts, Remains and Creatures.

・Animals and Wildlife Products - examples include live animals, mounted specimens, and ivory

・Medical Devices - examples include contact lenses, pacemakers, and surgical instruments

・Prescription Drugs

・Charity or Fundraising Listings

・Drugs & Drug Paraphernalia

・Drugs, Describing Drugs or Drug-like Substances

・Mailing Lists and Personal Information

・Prohibited Services

・Offensive Material to public order and morals - examples include ethnically or racially offensive materials and Nazi memorabilia(in Europe).

・Donations, fund-raisings, offerings, etc.

・Stolen goods

・Dating service, matching service, etc.

・Advance-purchase services, etc.

・Materials which infringe on the rights of others - fake brand-name products, copy guard cancellers, etc. 

・Materials which is possibly used as firearms - electroshock wands, ammunitions, etc.

・Materials that only can sell / can buy from licensed retailers – possibly includes alcohol, fire extinguishers, medical equipments, service provided by travel agencies, etc.

15.20. shall not use and share information(Information Customers and Sellers give us) only for the purpose as jpmall give approval(only for using jpmall or its service).

15.21. shall not take other behaviors that are deemed inappropriate at our option.

16. Other Web Sites 

Our Web site may contain links to other web sites which are outside our control and are not covered by this Terms and Conditions of Use. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours. 

17. About Transaction

Customer (s) must be aware of international trading and import restrictions when buying across borders. Certain items may be legal in your country, but may be illegal elsewhere. The summary detail of all item have been prepared for information purposes only, and are designed to enhance your shopping experience on our Web site. While we have taken care in preparing these summaries and believe it is accurate, they are not substitutes for your reading the product packaging and label prior to use. jpmall is therefore unable to accept liability for any incorrect information. In the event that User(s) fails to perform its obligations under this terms use, User(s) shall be liable to pay to jpmall, members or third parties cost incurred directly by them. 

・Placing an Order 

Your contract for purchases made through jpmall is with Seller(s), and you undertake that any and all goods ordered by you are for your own private and domestic use only. Accordingly, jpmall do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Web site or for any products or services purchased through jpmall.

17.1. By placing an order via this Web site, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. Seller may or may not accept the Customer's offer at the Seller's absolute discretion. 

17.2. Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s credit card or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s) and sent an order confirmation to the Customer by email. 

17.3. If the merchandise total is more than 40000 Japanese yen, jpmall reserves the right to confirm the Customer's identity.

・Supply of Product(s) 

17.3. Subject to these terms and conditions, Seller may agree to supply the Customer with the Product(s) as specified in the Customer’s order form submitted to Seller via this Web site. 

17.4. When Product(s) have been shipped pursuant to the Customer’s order, Seller will email the Customer to confirm shipment. 

17.5. The pictures showing the Product(s) in this Web site may not be identical to the Product(s) as shipped to the Customer. The Seller shall have the right to supply the Product(s) which do not correspond to the pictures appearing in this Web site, provided that the said Product(s) perform substantially the same function as described in this Web site. 

16.6. Seller shall have the right to make substitutions and modifications of the specification of the Product(s) ordered by the Customer, provided that such substitutions or modifications will not materially affect the overall performance of the Product(s) or the type of Product(s) ordered by the Customer. 

・Price and Payment 

17.7. Pricing of Product(s) shall be the price as stipulated on this Web site at the time when the Customer places an order with Seller. 

17.8. All prices are shown on the Web site exclusive of value added tax (VAT) and shipping costs. 

17.9. Upon placing an order with Seller, the Customer shall provide to Seller his or her valid credit card number and other billing information as requested by the Web site. Seller will usually charge the credit card on shipment of the Product(s). The Web site don’t accept other payment methods such as PayPal or bank transfer payment. 

17.10. Seller will take all reasonable precautions to keep the details of Customer's order and payment secure but Seller and the Web site cannot be held liable for any losses caused as a result of unauthorised access to information provided by the Customer. 

・Delivery 

17.11. Product(s) will be delivered to the delivery address provided by the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery. 

17.12. Risk of loss and damage of Product(s) passes to the Customer on the date when the Product(s) is/are dispatched by Seller to the carrier. 

17.13. Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time. 

17.14. Seller and the Web site will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in country which he or she receives the Product(s). It is the responsibility of Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s). 

17.15. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

17.16. If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or re-deliver the returned Product(s) to the Customer. 

・Returns and Refunds 

17.17. Please be advised, basically all purchases are non-exchangeable, non-refundable and non-transferable.

17.18. No return will be accepted without a return authorization number.

17.19. Basically we don’t refunds. However the defective of the products is clearly at Seller(s)’ fault, we exchange the product for new one. Subject to all clauses below, no exchange or shall be accepted unless;

(a) the Product(s) in question is defective;

(b) the Customer has completed and filed a Request for Return Form (showing the order ID and other identifying numbers) with the Seller;

(c) the Seller has notified the Customer by email that the Customer may return the Product(s) to the Seller;

(d) the Product(s) is returned in a clean and well packaged condition; and

(e) the Customer returns the Product(s) at his/her own expense which will include any custom duties or taxes.

17.20. Upon satisfactory return of the Product(s) to the Seller, replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned by the Customer is defective after suitable tests and inspections by the Seller. If replacement Product(s) is not available, a refund of product price only will be made to the Customer. 

17.21. If the Seller is not satisfied that the returned Product(s) is defective, the Seller will deliver the returned Product(s) to the Customer at the Customer’s own cost. 

17.22. Food, Software, video or audio discs that have already been opened, and underwears are excluded from any return unless they are faulty. The Seller and the Web site shall have no responsibility regarding compatibility issues and it is for the Customer to ensure that his/her computer, video/audio player is compatible with the software, video or audio discs as ordered. 

18. Changes of the Products and prices 

Seller and the Web site reserves the right to update, revise or change, the price of the Product(s) and any other information listed on this We site at any time. Any such changes will take effect when posted on the Web site and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she uses this Web site and the Customer’s continued use of the Web site shall signify his/her acceptance to be bound by the latest terms and conditions.

19. Force Majeure 

Seller and the Web site shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Seller. Quantities are subject to availability. In the event of shortage, Seller may allocate sales and deliveries at its sole discretion. 

20. Intellectual Property 

20.1. All User of jpmall acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Uer’s use of this Web site shall remain at all times vested in the Web site or its licensors. The Customer is permitted to use this material only as expressly authorised by Seller, the Web site or its licensors. 

20.2. The Customer acknowledges and agrees that the material and content contained within this Web site is made available for their personal non-commercial use only and that they may only download such material and content for the purpose of using this Web site. The Customer further acknowledges that any other use of the material and content of this Web site is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

20.3. The prices of the Product(s) paid by the Customer are for the Product(s) and the services described herein and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Product(s) or their packaging. 

21. Liability 

21.1. All Product(s) provided in connection with this Web site are on an “as is” and “as available” basis. Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Web site. Customer expressly agrees that the use of this Web site is at his or her sole risk. 

21.2. To the full extent permissible by applicable law, Seller and the Web site disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose. 

21.3. Subject to this Clause, Seller and the Web site will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequent loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise. 

21.4. Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question. 

22. Waiver/Invalidity

Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions. 

23. Entire Agreement 

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between the Customer and Seller relating to the sale and purchase of the Product(s) ordered by the Customer. 

( as of July 15th, 2009)