Site Policy

Effective Date: 01/17/2025

These terms and conditions (Terms of Use) apply when you use this website, [https://koalasmarch.com](Website). You agree to be bound by these Terms which form a binding contractual agreement between you and us, Lotte Co., Ltd., based in Japan (our, our company, we, or us).

If you do not agree, we kindly ask that you refrain from using the Website. By using this website, you are deemed to have agreed to all the conditions below (hereinafter, visitors and others who use this website in any form are referred to as 'customers'). Please note that these 'Terms of Use' are subject to change without notice. Also, in such cases, we kindly ask you to comply with the most recent version. Your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms of Use as amended.

About Copyright and Intellectual Property

The copyrights of the corporate mark, logo, characters, products & product names, images, music, text, program data, etc., posted on our website principally belong to Lotte Co., Ltd. (hereinafter referred to as 'our company') and its affiliated companies, as well as partner companies or rights holders who have granted our company permission to use them. You may only use this material for personal, non-commercial purposes unless you receive prior written consent from us. Unauthorised reproduction, modification, distribution, or public transmission of the content on this website is prohibited.

Additionally, for data that is allowed to be downloaded from our website, the download is permitted only for private use, and does not grant or transfer to the customer any rights our company possesses for reproduction, modification, lending, distribution, transmission over a network, etc., beyond the scope of reproduction for private use.

Any content that you provide to our company (including but not limited to suggestions, ideas, know-how, etc.) is transferred to us, free of charge, with all intellectual property rights, including copyright and moral rights, being assigned to us. You also agree not to exercise any moral rights against us or our successors.

The rights to trademarks (service marks, trademarks, house marks, logo marks, product shapes, etc., regardless of whether they are registered or not) displayed on our website belong to our company or to rights holders who have granted us permission to use them. Unauthorised use of any trademarks on this website is prohibited under the applicable trademark laws.

We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

Interruption of Service on the Website

Our company may temporarily interrupt the provision of our website without prior notice in cases where it is deemed necessary due to system maintenance, malfunction, fires, power outages, natural disasters such as earthquakes, lawful orders or requests from courts, public prosecutor's offices, police stations, or other public authorities, or other operational or technical issues. Our company is not obligated to compensate or reimburse any damage, loss, or other expenses incurred by customers due to the interruption of our Website.

Changes or Discontinuation of the Website

Please be aware that our company may change the content and address (URL) of our website or discontinue or suspend its provision without prior notice. In such cases, we are not liable for any damages arising from such changes or discontinuation.

Disclaimer

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

We also do not guarantee that our website is free from viruses or other harmful elements, or that the website will be continuously available without disruption. Additionally, we do not guarantee that the contents of this website do not infringe third-party intellectual property rights.

We exclude liability for any loss or damage arising from your use of the website, except where such exclusion would contravene any rights under specifically applicable statutory law.

About Links on Our Website

The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

About Providing Ideas

To prevent disputes over intellectual property rights, our company refrains from accepting proposals for ideas, suggestions, materials, and designs related to products and services unless requested by our company. If customers send this information to our company via email or other means, it is considered that all rights to the information, including copyright, rights to register patents, utility models, designs, trademarks, etc., and other intellectual property rights, rights to embody the information in products or services, rights to know-how and ideas, and all other rights, are waived at the time of sending, and that you agree to our company's free use of the information. Our company is not obligated to consider, evaluate, adopt, or keep confidential the content of proposals, and bears no responsibility, including payment of compensation, even if our products, services, etc., are identical or similar to the content of the proposals. Our company is also not obligated to notify or explain to the provider the existence or reasons for consideration, evaluation, or adoption of proposals.

You warrant that your submission does not infringe any third-party rights, including intellectual property rights and warrant that proposals for ideas, suggestions, materials, and designs related to products and services are not unauthorised use, theft, or plagiarism of third-party information, and do not infringe on the intellectual property rights or other rights of third parties, or breach third-party trade secrets.

Handling of Posted Information

Our company may monitor and consider discussions, postings, transmissions, bulletin boards, and other content posted on our website from time to time. However, our company is not obligated to perform such monitoring and consideration and bears no responsibility for any content arising from them. It is not permitted to post or transmit information on our website that violates public order and morals, constitutes or encourages a violation of the law, or falls under the prohibited items defined in Article 11. If our company discovers such information, we may delete the post, restrict access to the post, or take other measures without notifying or obtaining consent from the customer who posted or transmitted it. Our company is not responsible for any damages incurred by the customer as a result of taking such measures.

About Privacy Protection

We may process your personal data in accordance with our Privacy Policy.

About Fees

There is no charge for information when using our website. However, connection fees or communication charges may be incurred when accessing the internet to use our website. Packet charges will apply when viewing on various mobile devices, so please use it at your own responsibility. Our company does not guarantee the speed of displaying our website or downloading data, and is not responsible for any unexpected packet or communication charges incurred by using our website. We recommend using a plan with unlimited packet usage.

Prohibited Activities

Our company prohibits the following activities (including activities that induce or prepare for them) when using our Website. If our company discovers such prohibited activities, we can take measures to delete the results from our website or take other actions to eliminate the results or effects of such prohibited activities without notifying or obtaining consent from the customer who performed them. Our company is not responsible for any damages incurred by the customer due to these measures.

  1. Acts that infringe or may infringe on the property rights or privacy of other customers, third parties, or our company
  2. Acts that defame or slander other customers, third parties, or our company, or damage their reputation, or may do so
  3. Acts that infringe or may infringe on the intellectual property rights (copyrights, design rights, patent rights, utility model rights, trademark rights, portrait rights, etc.) of other customers, third parties, or our company
  4. Transmitting harmful computer programs, etc., or accessing the website by unauthorized means
  5. Acts that violate public order and morals, criminal acts, acts that negatively affect the physical and mental health of young people, or may do so
  6. Acts for commercial purposes through or related to our website without our company's approval, or acts preparing for them
  7. Election activities, or similar acts, and other political or religious acts
  8. Other acts that hinder the operation of our website
  9. Acts that violate the laws of Japan or the country/region where the customer is located when using the website
  10. Exploiting security holes or bugs in our website or its web server, causing high load access, or tampering with, stealing, or deleting information on our website
  11. Acts that cause nuisance or discomfort to other customers or third parties
  12. Entering or transmitting false or misleading information
  13. Demanding or making unjust demands using violence, threats, force, or fraud against our company, our employees, or other customers
  14. Other acts that violate these terms or related terms

Change of Terms

Our company may change these terms as necessary without individually notifying customers. Please be aware of this. The changes to these terms will take effect upon their publication on our website.

We strive to ensure that the terms of this agreement are fair, transparent, and compliant with consumer protection laws. If any term in this agreement is deemed to be an unfair contract term under the applicable law, that term will be severed from the agreement, and the remaining terms will continue to operate in full force and effect. If any provision of this agreement is found to be unlawful, void, or unenforceable, it shall be severed to the minimum extent necessary to comply with specifically applicable law. This agreement will otherwise remain in full force and effect. Where a provision is severed to comply with the laws of the U.S., the parties agree to negotiate in good faith to replace the provision with a lawful alternative that reflects the original intention as closely as possible.

Liability

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of Japan. In the event of a dispute arising between the customer and the Company in connection with this agreement or the services, the Tokyo District Court shall have exclusive jurisdiction.

However, to ensure compliance with relevant consumer laws in the U.S., we acknowledge that certain statutory protections may apply to customers in that jurisdiction. To the extent that any term in this agreement conflicts with provisions of such specifically applicable laws, those provisions will prevail.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation;
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
  11. (currency) a reference to $, or “dollar”, is to U.S. currency, unless otherwise agreed in writing.