By accessing, viewing or otherwise using, or continuing to access, view or otherwise use, this website or any substitute or replacement website (‘Website’), you are deemed to have read and have agreed to accept and be bound by the terms set out below (‘Terms’) in relation to Azumi and/or any other company that control, is controlled by or are under common control with Azumi (collectively ‘Azumi’, ‘we’, ‘us’ or ‘our’). If you object to any of these Terms, your only recourse is to immediately stop using this Website. We may at any time and from time to time amend these Terms. Any amendments to these Terms will take effect immediately upon posting on this Website. By accessing, viewing or otherwise using or continuing to access, view or otherwise use this Website, you are deemed to have read and have agreed to accept and be bound by the Terms as amended. We reserve the right to change, modify, suspend or discontinue the whole or any portion of this Website at any time. We may also impose limits on certain features or restrict your access to parts of or the entire Website without notice or liability.
PRIVACY AND SECURITY
1. When you use and/or carry out transactions on the Website, you are required to provide personal information, including the information below (collectively ‘Customer Information’):
your name, gender, personal and work contact details, business title, date and place of birth, image, nationality, and passport and visa information; guest stay information, including the hotels where you have stayed, dates of arrival and departure, goods and services utilised, special requests made, observations about your service preferences (including room and vacation preferences), telephone numbers dialled and faxes, texts and telephone messages received;
your credit card details, and your account details and credentials for any Azumi frequent guest program (if any) and any frequent flyer or travel partner program; any information necessary to fulfil special requests (e.g. health conditions that require specific accommodation or services); information, feedback or content you provide regarding your marketing preferences, in surveys, contests, or promotional offers, or to our websites or apps and those of third parties;
information collected whilst at an Azumi hotel or resort through the use of closed circuit television systems, internet systems (including wireless networks that collect data about your computer, smart or mobile device, or your location), card key and other security and technology systems; information collected while accessing this Website;
contact and other relevant details concerning the employees of corporate accounts and vendors and other individuals with whom we do business (e.g. travel agents or meeting and event planners); and in limited cases, information relating to the credit of customers. By providing the Customer Information to us, you agree and are deemed to have agreed that you consent to the collection, use, retention, disclosure and transfer of your personal data by us in accordance with these Terms. Without prejudice to the foregoing, by providing to us the Customer Information of any third party other than yourself (e.g. an accompanying guest), you warrant to us that such third party has consented to the collection, use, retention, disclosure and transfer of his or her Customer Information. You are entitled at any time by giving reasonable written notice to us at firstname.lastname@example.org to withdraw your consent or deemed consent in respect of the collection, use, retention, disclosure and/or transfer of Customer Information in accordance with these Terms. We will not be liable to you for any consequences arising from the withdrawal of your consent or deemed consent, including our inability to process and/or fulfil your orders, verify and/or process your online payments and/or deliver to you the products that you ordered.
2. We may, and you hereby agree that we may, collect, use, retain, disclose and transfer the Customer Information or any part thereof in order to: provide and charge for hotel accommodation and other goods and services and other transactions using this Website; provide you with a better or more personalized level of service, including information and services from a third party (such as additional guest services at Azumi hotels and resorts, local attractions and transportation options);
respond to requests for information and services, including services from a third party (such as restaurants or transportation providers); administer any Azumi frequent guest program (if any);
fulfill contractual obligations to you, anyone involved in the process of making your travel arrangements (e.g. travel agents, group travel organizers or your employer) and vendors (e.g. credit card companies, airline operators and third party loyalty programs); conduct market research, customer satisfaction and quality assurance surveys, and direct marketing and sales promotions; provide for the safety and security of staff, guests and other visitors;
administer general record keeping; meet legal and regulatory requirements;
test and evaluate new products and services; and process credit applications (if applicable).
We may periodically also use the Customer Information to contact you with notifications of new developments, offers and services. You can elect to stop receiving these communications at any time by emailing us at email@example.com with subject field stating “mailing list-opt out”.
3. In the course of processing Customer Information, it may be necessary to disclose and/or transfer Customer Information or any part thereof within the Azumi, properties within the Azumi, third party service providers and/or other relevant third parties throughout the world for the purposes set out in paragraph 2 above. Any disclosure or transfer will be made in accordance with applicable laws. As a general practice, we do not sell, rent, or give physical possession of Customer Information to any third parties for any other purposes. Circumstances where we might make such disclosure or transfer include:
when we have received your consent to do so;
in situations where sharing or disclosing your information is required in order to offer you products or services you desire (e.g., a vacation package); when companies or service providers that perform business activities on behalf of Azumi require such information in order to conduct the tasks defined in their agreements with Azumi (e.g., credit card processing, customer support services, market research administration or database management services);
when a hotel or other property ceases to be an Azumi hotel or property and access to Customer Information is necessary to facilitate business operations or meet contractual obligations in connection with the fulfillment of reservations that are booked for future stays or events; in the event Azumi is merged or acquired by another company;
to comply with legal or regulatory requirements or obligations in accordance with applicable law or a court order;
in case of emergency such as to safeguard the life, health, or property of an individual; or
it is necessary to protect the rights, property or safety of any website, our employees, and other users.
You acknowledge and agree that we may from time to time access your account and other parts of the service as necessary to identify, investigate or resolve technical problems or to respond to service complaints.
This Website may contain links, plug-ins, widgets or other connections to other sites and other sites may also provide links, plug-ins, widgets or other connections to this Website (collectively ‘Third Party Sites’). These Third Party Sites are operated by parties other than Azumi. Azumi is not responsible for the privacy practices or the content of such Third Party Sites and does not operate and has no control over, and makes no representation or warranty relating to, the content, functions, goods sold or services provided on or obtained through, or the availability, accuracy, appropriateness, legality or reliability of, any Third Party Sites. We expressly disclaim all liabilities and responsibilities arising in relation to the access and/or use of any Third Party Sites, and shall not be liable for any loss or damage you may suffer or incur from accessing and/or using the Third Party Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Third Party Sites). You hereby agree to assume all risk arising from the access and/or use of the Third Party Sites, and hereby irrevocably and unconditionally waive, release and discharge us from all claims against us with respect to any loss or damage suffered or incurred from accessing and/or using the Third Party Sites.
Any feedback, data, comments, suggestions, ideas or the like that we receive through this Website, other than your Customer Information, will be regarded as non-confidential. You agree that you grant to us a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute or reproduce such non-confidential information in any manner and for any purpose as we deem fit.
This Website has security measures in place to protect against loss, misuse and alteration and unauthorised collection, use, disclosure or transfer of information under our control. Please note, however, that no data transmission over the internet is completely secure. As a result we cannot ensure or warrant that a third party will not unlawfully access your Customer Information and you transmit such information at your own risk. We hereby disclaim any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, retention, disclosure, transfer, copying, modification, disposal or similar actions with regard to any Customer Information held or maintained by us, except to the extent caused by our wilful default or gross negligence. We advise you to take all necessary precautions and we suggest that you keep all personal codes and passwords safe and prevent others from accessing them.
You may not reproduce, create hyperlinks to or from, distribute, transmit, display, broadcast, publish, license, modify, translate, create derivative works from, transfer, sell or otherwise deal in or with any of the information, material, data, graphics or audio contained in this Website by any means without the express prior written permission of Azumi; provided, however, that the information may be downloaded and reproduced solely for private, non-commercial use. Without prejudice to the foregoing, you also agree not to reproduce, display or otherwise provide access to this Website, for example by framing, mirroring, linking, crawling, spidering, scraping or any other technological means (including any technology available in the future). You shall not misuse this Website or use this Website for any illegal or unauthorised purpose or conduct any illegal or unauthorised activity on or through this Website. You agree to comply with all applicable laws, rules and regulations, and you are solely responsible for all your acts or omissions and for all those transactions that occur under your account.
All copyright, patents, trade marks, service marks, registered designs and all intellectual property rights in or relating to, and any applicable software and all HTML or other code contained in, this Website shall remain the property of Azumi or its licensors or other relevant third parties at all times. Without prejudice to the foregoing, the trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Azumi or other relevant third parties, and all rights to the Marks are expressly reserved by Azumi or relevant third parties. You are not permitted to use the name of “Azumi” or any Marks, including in any advertisement or publicity material or as a hyperlink, without the prior written consent of Azumi or the relevant third parties.
Effort has been made to ensure that the information on this website is accurate but Azumi does not make any representation or warranty of any kind nor accept any liability as regards the accuracy, correctness, completeness or reliability of the information or that information provided will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that this Website is free of viruses or other harmful components.
In no event shall we be liable to you for any loss or damage under any cause of action (whether at law or in equity, and whether in contract, tort (including but not limited to negligence), restitution, statute or otherwise) arising directly or indirectly from the access to and/or use of, or the inability to access and/or use, this Website or any other website or device. In the event that we are liable for any loss or damage despite the foregoing provision, you agree that our aggregate liability to you for any and all causes of action under these Terms shall not exceed the price of the transaction giving rise to such claims or payment actually received by us from you (if any).
In no event shall we be liable to you or any other third party for any indirect, special, consequential, incidental or punitive damages, loss of profits, business, revenue, goodwill or anticipated savings, or loss of or damage to data that result directly or indirectly from this Website, or your access to and/or use of, or the inability to access and/or use, this Website or any other website or device, whether or not we or our authorised representative has been notified, advised of, or should have foreseen, the possibility of such damages and whether the same arises at law or in equity and whether in contract, tort (including but not limited to negligence), restitution, statute or otherwise.
These Terms shall be governed by and construed in accordance with Japan laws, without giving effect to any principles of conflicts of law. In respect of any disputes, claims, actions or proceedings arising out of or in connection with these Terms, you submit to the non-exclusive jurisdiction of the Japan courts, and you agree not to object to such jurisdiction on the grounds of lack of personal jurisdiction or forum non conveniens or otherwise. Without prejudice to the foregoing, you agree that we also have the right to commence any actions or proceedings against you in any other jurisdiction. In respect of any disputes, claims, actions or proceedings arising out of or in connection with these Terms, we submit to the exclusive jurisdiction of the Japan courts, and you agree not to commence any actions or proceedings against us other than in the Japan courts and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to jurisdiction of the Japan courts.