Terms and Conditions
TERMS OF SERVICE
Welcome to the RoundCat web site. The web site includes but is not limited to www.roundcat.jp (the "Site"). Round Global G.K. (dba RoundCat) provides this Site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of the Site. Additionally, Round Global G.K. reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.
SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
EU-MEMBER SHIPPING & DELIVERY
By ordering goods from Round Global G.K. destined to EU-member states specifically, you agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf.
The goods will be imported on behalf of the consignee/e-buyer. The consignee authorizes Round Global G.K. to import the goods on his/her behalf. Further, the consignee/buyer agrees that Round Global G.K. may delegate the obligation to import the goods on his/her behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition to the purchase price of the goods.
RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
SITE CONTENTS
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Round Global G.K. and other trademarks appearing on the Site are the trademarks of Round Global G.K..
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote Round Global G.K.'s products and services available worldwide. The Sites are controlled and operated by Round Global G.K. from its offices in Tokyo Japan. One or more patents may apply to the Site. The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic programme. Round Global G.K. is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
INDEMNITY
By use of this Site, you agree to indemnify and hold Round Global G.K. (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).
MODIFICATION/TERMINATION OF WEBSITE
In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Round Global G.K. shall not be liable to you or any third-party for any termination of your access.
THIRD PARTY LINKS
To improve our Site, Round Global G.K. may use and promote services provided by outside third parties. However, even if the third party is affiliated with Round Global G.K., we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, ROUND GLOBAL G.K. MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROUND GLOBAL G.K. OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
APPLICABLE LAW
The laws of Japan will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
RoundCat Event Terms and Conditions
1. Booking and Payment
Submitting and signing our Booking Form or Application Form does not guarantee you a space on the Trip. Your booking is not confirmed until the following are complete: i) you receive an email from us accepting your booking request; ii) we receive your initial or full trip payment; iii) we receive a completed Registration Form. Once these have been completed, you receive an email confirming your booking. If you fail to complete payment by the date indicated on the invoice or otherwise by us via email or if you fail to complete the Registration Form, you will forfeit your place on the Trip.
If there are more than 180 calendar days before the Trip start date when we confirm your booking, you will pay for the trip in two installments: i) We will send you an invoice for an initial payment. The initial payment will be due within 48 hours. If you fail to complete the payment within 48 hours you will forfeit your place on the Trip. ii) We will send you an invoice for the final payment 180 calendar days prior to the Trip start date, unless otherwise specified by us via email or on the Trip details page of our website. If you fail to complete the final payment within 48 hours from the date indicated on the invoice, you will forfeit your place on the trip and the entirety of your initial payment.
If there are less than 180 days before the Trip start date when we accept your booking, we will send you an invoice for the full trip payment and payment will be due within 48 hours. If you fail to complete the payment within 48 hours from the date indicated on the invoice, you will forfeit your place on the Trip.
Prices are in US Dollars.
Minimum age to sign up for a Trip is 21. Participants 18 and over can sign up for a Trip, if traveling with another adult over the age of 21.
We reserve the right to decline to accept any prospective participant.
2. Insurance
You are required to purchase a travel insurance policy after making your initial payment (or full payment if you are registering less than 180 days before the Trip start date) that includes the following: i) trip cancellation/disruption insurance that is equal to or higher than the value of the Trip in the event you need to cancel for any reason, including those outlined below in Section 3 or there are Trip Changes (Modifications, Postponements, or Interruptions) or Trip Cancellations as outlined in Section 4; ii) travel medical insurance; and iii) medical evacuation insurance.
If you fail to obtain travel insurance, you will personally assume full responsibility for any financial loss associated with the cost of your Trip, the cost of your travel arrangements, and any medical-related expenses. For example, you will be personally responsible for any financial losses if: (i) you need to cancel for any reason, including those outlined below in Section 3 or there are Trip Changes (Modifications, Postponements, or Interruptions) or Trip Cancellations as outlined in Section 4; ii) your flight has been canceled and the Trip is nonrefundable; (iii) a hurricane, volcano, or earthquake occurs while traveling and you are stranded; (iv) a terrorist incident occurs at the destination you planned on visiting; (v) you have a medical emergency and need medical attention or evacuation; (vi) your bags are lost and your medication is in them, and you need to have an emergency prescription filled; or (vi) your passport and wallet are stolen, and you need emergency cash and a replacement passport. You also agree to assume all costs of medical care, evacuation, transportation, and related costs.
3. Cancellation by You
If you choose to cancel your Trip, you must inform us of said cancellation via email sent to hello@roundcat.jp (with confirmation of receipt from us), or in writing via certified mail or overnight courier (with a confirmation of receipt from us).
The following cancellation and rescheduling fees apply: if we receive written notice 181 or more days prior to the Trip start date, we will refund your initial payment, less a $2,000 cancellation fee. If we receive written notice 180 days or fewer prior to the Trip start date you will incur a cancellation fee equal to 100% of the price of the Trip. There are no exceptions to this cancellation policy, including for reasons related to weather, terrorism, civil strife, pandemics, illness, personal, family or medical emergencies, changing your mind, or any other circumstances beyond our control. For this and other reasons, we require you to purchase a travel insurance policy that includes trip cancellation/disruption coverage that is equal to or greater than the cost of your Trip, as outlined in Section 2.
If a flight or other delay for any reason prevents you from joining the Trip on the Trip start date, we will not provide a full or partial refund or credit toward a future Trip. If you are delayed, you may join the Trip late; however, any additional costs associated with joining the trip late are your sole responsibility. No refunds will be provided for any reason for an unused portion of a Trip, including if you leave a Trip for any reason or have to be removed from a Trip. The Trip price is a package cost and refunds are not available for services not used. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, pandemics, illness, personal, family or medical emergencies, changing your mind, or any other circumstances beyond our control. For this and other reasons, we require you to purchase a travel insurance policy that includes trip cancellation/disruption coverage that is equal to or greater than the cost of your Trip, as outlined in Section 2.
4. Trip Changes (Modifications, Postponements, and Interruptions) and Trip Cancellations
We may modify elements of the Trip, including the itinerary or instructor, where reasonably required, at our sole discretion. If we make a change which materially affects the Trip, we will make reasonable efforts to notify you prior to the Trip start date, provided there is sufficient time to do so. If you choose to cancel the Trip based on these modifications, the terms of the Cancelation by You policy as outlined in Section 3 still apply.
We reserve the right to postpone or cancel the Trip to a later date for insufficient participation or for reasons beyond our control including any event named in the Risks of Travel section below.
You may decline to participate in the postponed Trip, in which case we will provide you with a credit in the amount you paid for the Trip, toward any future RoundCat Trip. The postponed Trip will be subject to the terms and conditions of this agreement. Except as set forth in this Section 4, we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever.
If, for reasons beyond our control, including any event named in the Risks of Travel section below, a Trip must be interrupted or canceled, we will refund to you, within 120 days, any refunds that we receive from our suppliers during the 90-day period after the Trip end date.
5. Agent for Suppliers
We act as a sales agent for any supplier, including instructors, hosts (tour managers), guides, contractors or subcontractors, (“Suppliers”). We cannot be held liable or responsible for the acts or omissions of the Suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the Suppliers.
6. Risks of Travel And Release
We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control including agents, employees, officers, directors, associates, affiliated companies, hosts (tour managers), instructors, guides, contractors, and subcontractors failure to provide services or instruction; any acts of God, civil strife, unsafe conditions, terrorism, health hazards including pandemics, illness, personal, family or medical emergencies, weather hazards, or the suitability for a disabled person or any person of any portion of any trip. We have no special knowledge of dangers during travel or at destinations. For information related to such dangers, we recommend going to the International travel information section of the State Department travel website at: https://travel.state.gov/content/travel/en/international-travel.html and looking for information specific to your travel destination. For medical and health information, we recommend going to the Centers for Disease Control website at www.cdc.gov/travel, and then scroll to the name of the destination country.
YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, HOSTS (TOUR MANAGERS), INSTRUCTORS, GUIDES, CONTRACTORS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THE TRIP OR PARTICIPATION IN ANY ACTIVITIES IN WHICH YOU PARTICIPATE.
7. Foreign Entry Rules
You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination and your connecting points, and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination. Many countries require your passport to be valid for six months or more after your date of entry. Some countries will not admit persons convicted of a crime. Some countries require both parents’ consent for minors to travel.
8. Credit Card Merchant
We are the merchant on your credit card transaction. Please bear in mind that our services consist of facilitating the sale and paying the Suppliers. If a Supplier does not provide the service or ceases operations, your recourse is against the Supplier, not us. You agree not to initiate a chargeback against us or a refund request that is not authorized by this agreement and to pay any and all legal fees incurred by us in disputing any such claim for refund.
9. Participants Needing Special Assistance
We will make reasonable efforts to accommodate the needs of our participants. However, participants needing special assistance for their personal needs, such as mobility accommodations, allergies, or dietary restrictions, must notify us prior to booking, via our booking form or via email at hello@roundcat.jp, for a determination of what assistance we can reasonably provide. Even if we are able to make accommodations, each participant is responsible for managing their own allergies, dietary restrictions, mobility issues, or other medical conditions while traveling on a Trip. We regret that we cannot provide special individual assistance to participants with special needs for planned daily activities, such as walking, dining, etc. In no instance will we or our agents, employees, officers, directors, associates, affiliated companies, hosts (tour managers), instructors, guides, contractors, and subcontractors physically lift or physically assist participants in any situation.
10. Medical Proxy
If you are unable to authorize your own medical attention and treatment, you authorize our agents, employees, officers, directors, associates, affiliated companies, hosts (tour managers), instructors, guides, contractors, and subcontractors, to authorize medical attention and treatment on your behalf. You agree to hold us harmless and release us and/or them from any liability for medical attention authorized by us or them on your behalf. You also acknowledge you are financially responsible for any costs associated with medical treatment, including treatment administered or authorized by us, and you are responsible for any expenses incurred from an illness, injury, or early departure, including testing, treatment, isolation, transportation, and fees. We assume no liability regarding provision of medical care or evacuation services. If we provide or seek medical care on your behalf, you acknowledge we may not have had formal medical or first aid training and are acting only as a good Samaritan.
11. Claims Deadline and Exclusive Jurisdiction
You agree to present any claims against us within 30 days of the Trip end date and to file suit within three months from the Trip end date, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree that the courts in Santa Cruz County USA will be the exclusive jurisdiction for all claims brought by you or us, and you hereby submit to the personal jurisdiction of those courts.
12. Etiquette, Illegal Drug Use, and Alcohol
You acknowledge and understand that traveling abroad may expose you to unique and different situations. These differences may involve cultural and social interactions, such as food, drink, attire, and local laws. While RoundCat makes every reasonable effort to provide guidance about these differences, it is your responsibility to research such differences and act responsibly while traveling.
RoundCat does not tolerate any kind of illegal drug use during Trips and we require responsible alcohol consumption. You are required to comply with the laws of all countries visited. Failure to abide by this provision may result in immediate removal from a Trip without a refund or other liability to RoundCat.
13. Authority During Trips
You agree to abide by the authority of the RoundCat Team Leader (Tour Manager) or other RoundCat agents, employees, officers, directors, associates, affiliated companies, hosts (tour managers), instructors, guides, contractors, and subcontractors at all times. Should you fail to do so, or, in the opinion of the RoundCat Team Leader (Tour Manager) or the RoundCat Managing Partners, you endanger, or distress, or disrupt others, you may be immediately removed from the Trip without a refund or other liability to RoundCat.
14. Use of Likeness
You acknowledge and agree that RoundCat agents, employees, officers, directors, associates, affiliated companies, hosts (tour managers), instructors, guides, contractors, and subcontractors, and other participants on your Trip, may take or create images, photos, and videos in any format that contain or feature you. These images may contain your name, likeness, identity, photographic image, videographic image, or oral or recorded statements. You agree RoundCat may use these materials for any purpose, including to promote and publicize RoundCat products and services, and hereby grant RoundCat a perpetual, royalty-free, worldwide, irrevocable license to use such images without prior inspection.
15. Participating in non-RoundCat Activities
On many of our trips, you may have free time and choose to participate in non-RoundCat activities, such as hiring a local guide, or hiring a local driver. RoundCat does not endorse or sponsor such activities and makes no representations about the safety or quality of such activities or the standards of the independent operators running them. RoundCat is not responsible for your safety should you decide to participate in such non-RoundCat activities. If you still decide to participate in such activity, you assume full responsibility for any risks involved.