STH Open Golf Tournament Hospitality Package Terms and Conditions
These Hospitality Package Terms and Conditions (these “Terms”) govern the purchase by the Customer and the use by Customer and Guests of Hospitality Packages provided by STH. In purchasing or using a Hospitality Package from STH, the Customer and all Guests utilising a Hospitality Package shall be bound by and shall comply with the provisions contained in these Terms, and the Customer shall cause any assignee of a Hospitality Package to comply with these Terms. Please read and ensure that you understand and agree to these Terms before purchasing any Hospitality Packages.
1. Definitions
The defined terms used in these Terms are specified in the Appendix.
2. Orders and Price
2.1 Pursuant to these Terms, Customers can place orders for the purchase of Hospitality Package(s) from STH by signing or placing their seal on the Booking Form, and STH will provide the number and type of Hospitality Package(s) ordered by the Customer and accepted by STH.
2.2 Numbers available for purchase for each type of Hospitality Package are limited. The number of Hospitality Packages per Event that a Customer may purchase will be determined by STH in its sole discretion.
2.3 STH shall be under no binding commitment to provide any Hospitality Package in relation to an order for purchase, unless and until STH dispatches an Acceptance to the Customer. Upon the dispatch of an Acceptance by STH to the Customer, a sale-and-purchase agreement for the type and number of Hospitality Package(s) as explicitly stated in the Acceptance (the “Customer Agreement”) shall be deemed concluded between STH and the Customer. For the avoidance of doubt, STH shall refund to the Customer any monies paid to STH for the Hospitality Package order to which an Acceptance has not been dispatched by STH.
2.4 Notwithstanding any other provision of the Customer Agreement, if a Minor wishes to purchase Hospitality Packages, he/she must obtain the consent of his/her legal representative, such as a guardian or person in parental authority. STH reserves the right to reject or cancel any application to purchase Hospitality Packages submitted by a Minor who fails to obtain the consent of his/her legal representative.
3. Payment Terms
3.1 The Customer shall pay the full Package Fee and applicable JCT within three business days upon receipt of the Package Fee invoice.
3.2 Notwithstanding the preceding clause 3.1, in the event that the Customer places an order for the purchases of Hospitality Package(s) through the STH website, then the Customer must complete the necessary payment instructions for the full amount of the Package Fee amount and any applicable JCT at the time of placing the relevant order. If an Acceptance is not received after placing an order on the STH website, it is the Customer’s responsibility to confirm with STH whether or not the Customer has successfully purchased a Hospitality Package(s).
3.3 All payments made pursuant to the Customer Agreement shall be made in Japanese Yen, and shall include JCT and/or other applicable taxes, duties, charges or levies (if any) based on the laws applicable to the Customer, by way of bank transfer to the bank account designated by STH or by such other payment method(s) acknowledged by STH.
3.4 The Customer must bear the cost of any domestic and international bank transfer, processing, and other fees incurred by STH (including any shortfall arising as a result of currency conversion).
3.5 If a card is used to make the payment for the Tickets. The card used when purchasing the Tickets must be registered in the name and address of the Customer. Counterfeit or altered cards must not be used. When the Customer breaches any of these conditions, STH reserves the absolute right to refuse the Hospitality Package orders or void any Hospitality Packages purchased in breach of such condition. In addition to card payments, the Customer may pay for Hospitality Packages by way of a bank transfer.
3.6 In the event that the Customer’s payment is late, STH may claim damages from the Customer at the rate of 14.6% per annum (with 365 days in one (1) year) on any late amounts calculated from the date immediately following the relevant payment due date until full payment is completed; provided however, that the payment of such damages shall not prevent STH from claiming any other damages.
3.7 All prices and any other charges specified by STH pursuant to the Customer Agreement are exclusive of taxes and duties such as JCT, etc. The cost of any applicable taxes and duties shall be borne by the Customer.
4. Delivery of Hospitality Packages
4.1 Provided the Package Fee and full amount of the applicable JCT has been paid in accordance with clause 3 of these Terms, STH shall deliver the Event Documents a secure e-mail address provided by the Customer.
4.2 In the event of any change to the delivery e-mail address designated under the preceding clause 4.1(a), the Customer must provide STH with adequate notice of the change prior to the planned delivery date. In the event that the Customer does not provide adequate notice of a change in a delivery address, STH will not be responsible for any costs, damages or losses a Customer incurs in the event the Event Documents are sent to the original delivery address designated by the Customer in accordance with clause 4.1(a).
4.3 The Customer acknowledges and agrees that, in the event STH delivers the Event Documents to the designated e-mail address under clause 4.1(a) (or the changed delivery address as duly and adequately notified to STH in accordance with clause 4.2), STH shall be deemed to have fully performed their obligations in relation to the provision of the Events Documents under the relevant Customer Agreement and shall take no further responsibility for such Event Documents.
4.4 The Customer must immediately inspect the contents of the Event Documents delivered to it and shall notify STH immediately in the case of any mistake.
4.5 STH shall not be liable to the Customer for any failure or delay in delivery of the Event Documents that is not attributable to it.
5. No Sponsorship Rights or Other Relationship
5.1 Unless otherwise authorised by STH through the purchase of a Sponsorship Hospitality Package, the Customer and Guests shall not represent that they have an association with the Event, STH and/or the Venue Operator, including but not limited to:
(a) referring to the Customer Agreement, STH, the Venue, the Venue Operator or any other associated body verbally or in any sales, marketing or other literature, letters, client lists, press releases, brochures or other written materials;
(b) using or allowing the use of any service mark, trademark, trade name or other intellectual property now or which may hereafter be associated with or owned or licensed by STH, the Venue Operator or any other body associated with the Event (including but not limited to any Event Marks) in connection with any goods or services; or
(c) contracting with or receiving money or anything of value from any person or commercial entity for the purpose of such person or entity obtaining any type of commercial identification, advertising or visibility in connection with the Event.
5.2 Whether before, during or after the Event, the Customer and Guests shall not conduct the acts listed in the following subparagraphs:
(a) Except in the cases permitted by clause 6.1, they may not resell all or part of a Hospitality Package (including, but not limited to the Event Documents) to any third party, and must not offer or advertise the resale of all or part of a Hospitality Package whether through the internet, newspapers, ticket shops or other means. They also may not provide all or part of a Hospitality Package to a third party in conjunction with or as part of any other product or service. This includes transferring to a third party rights that are recognised or represented by Event Documents included in a Hospitality Package..
(b) Event Documents included in Hospitality Packages that are sold or offered or advertised for sale in violation of the Terms will be invalidated. STH may demand the return of invalidated Event Documents and the Hospitality Package(s) in which they are included. No exchange or refund of already paid money will be provided for invalidated Event Documents and the Hospitality Package(s) in which they are included.
(c) Unless otherwise authorised by STH through the purchase of a Sponsorship Hospitality Package, neither all nor part of a Hospitality Package may be used for advertising, promotional, auction or marketing purposes (including competitions, contests, prizes, etc.). Event Documents included in Hospitality Packages used for such purposes will be invalidated. STH may demand the return of invalidated Event Documents and the Hospitality Package(s) in which they are included. In this case, no refund of already paid money will be provided.
(d) Except in the cases permitted by clause 6.1, they may not purchase or acquire all or part of a Hospitality Package from any person other than STH. STH and the Venue Operator shall have no liability whatsoever with regard to Hospitality Packages purchased from persons other than STH.
5.3 Unless otherwise authorised by the STH through the purchase of a Sponsorship Hospitality Package, the Customer and Guests hereby acknowledge that the Event Venue must be clean of any display or distribution of advertising, marketing and other branded materials, other than such materials approved by STH and the Venue Operator. The Customer and Guests acknowledge and agree that STH and the Venue Operator may obscure, cover or remove any advertising, marketing and other branded materials. Neither the Customer, its Guests, nor any of its clients may promote itself or their business in the Event Venue unless authorised by STH and the Venue Operator in advance in writing.
6. Hospitality Packages
6.1 Hospitality Packages may only be transferred from the Customer to Guests, unless STH and the Venue Operator have otherwise permitted it. Even if the Customer transfers a Hospitality Package to a Guest, it must not receive money or benefits in exchange for the Hospitality Package that exceed the purchase price of the Hospitality Package, and must not transfer only a part of the Hospitality Package (including, but not limited to the Event Documents).
6.2 Access to the Event Venue is strictly limited to the Event Day and to the hours indicated by STH, and access to locations where the Hospitality Elements are provided will be restricted to those persons granted access to such locations by STH.
6.3 STH may, in its discretion, even if the Hospitality Package has already been allocated to the Customer, vary the content of a Hospitality Package (including seating, designated areas, services provided under the Hospitality Elements, etc.):
(a) in order to comply with legislation or administrative guidance; or
(b) due to security constraints or other reasons in connection with the staging of the Event or STH’s provision of the Hospitality Packages, including any operational reason as determined by STH in its sole discretion.
(c) bad weather conditions
In such cases, STH shall endeavour to provide the Customer with an equivalent hospitality package to the Hospitality Package purchased by the Customer and STH shall notify the Customer of the details of the altered hospitality package.
6.4 STH will reasonably endeavour to ensure that, if the Customer (or any Guest(s)) has an additional accessibility requirement such as use of wheelchairs, they are seated in a manner which makes provision for such requirements, provided that such additional accessibility requirements must be notified to STH before the relevant order is placed in accordance with clause 2. STH will not be able to accept nor fulfil any additional accessibility request that is made after an order is placed.
7. Conduct
7.1 The Customer shall be responsible for notifying and procuring the full compliance of each Guest and/or any other Hospitality Package transferee permitted in accordance with clause 6.1, with the provisions of these Terms and the Venue Policies and further, any breach of these Terms by any Guest and/or such Hospitality Package transferee will be deemed to be a breach of these Terms by the Customer.
7.2 In the event that these Terms are breached by the Customer or its Hospitality Package transferee, STH may cancel the Customer Agreement.
7.3 The Customer and Guests shall (and Customer shall procure that its Hospitality Package transferee shall also) comply with all safety regulations established at the Event Venue including any Covid-19 counter measures and if the Customer and/or its Guests are disruptive, cause nuisance to or impede the safety of other customers and guests (including where caused by consumption of alcohol, controlled substances, etc.), or fails to follow any health and safety measures specified by STH or the Venue Operator including any Covid-19 counter measures the Customer and/or the Guest may be refused admission or be removed by STH.
7.4 If the Customer or any Guest fails to comply with clauses 7.1 and 7.3 and STH took measures thereto pursuant to these Terms, the Customer will nevertheless not receive a refund from STH in respect of monies paid, and STH and the Venue Operator shall bear no liability whatsoever toward the Customer or Guest.
7.5 The Customer and Guests shall at all times comply with all applicable laws in relation to the Hospitality Package.
8. Ambush Marketing and Filming
8.1 Unless otherwise authorised by STH through a purchase of a Sponsorship Hospitality Package, the Customer and Guests are forbidden from using, possessing, selling or distributing any Prohibited Materials in the Event Venue. If the Customer and/or any Guest is found with any such Prohibited Materials, STH may remove such items and/or remove the Customer and/or Guest from the Event Venue and/or refer the Customer and/or Guest to local authorities for investigation. Even if the Customer or a Guest is removed in such circumstances, the Customer shall not receive a refund from STH in respect of monies paid, and STH and the Venue Operator shall bear no liability whatsoever toward the Customer or Guest.
8.2 Unless otherwise authorised by STH through the purchase of a Sponsorship Hospitality Package, in addition to clause 8.1, the Customer and Guests are strictly prohibited from possessing, selling or distributing any kind of promotional or commercial items in the Event Venue (including drinks, food, souvenirs, clothes, flyers, etc.). STH may remove such items and/or remove the Customer or Guest from the Event Venue. Even if the Customer or a Guest is removed in such circumstances, the Customer shall not receive a refund from STH in respect of monies paid, and STH and the Venue Operator shall bear no liability whatsoever toward the Customer or Guest.
8.3 The Customer and Guests agree to being photographed, filmed, identified and/or otherwise recorded by STH, the Venue Operator or third parties mandated by the Venue Operator such as broadcasters, news media, social media networks etc in the Event Venue. Such persons, without payment, shall have the right to use any such photographs, film or recordings, both during and after the Event, for the maximum duration permitted under the applicable laws and, when applicable, at least until they are in the public domain, in any content format and through any media or technology whether now existing or created in the future and whether such use is commercial or non-commercial.
8.4 The Customer and Guests may take or record still and moving images and/or sounds within the Event Venue. In such case, the Customer and Guests agree that STH shall be the sole holder of any intellectual property rights in such content without further authorisation from, or compensation to, the Customer, Guests or anyone acting on the Customer’s or Guests’ behalf. The Customer and Guests hereby assign any rights the Customer or Guests may have in respect of such content to STH, and the Customer and Guests shall not exercise or cause the exercise of moral rights in and to the same without the prior permission of STH.
8.5 On the basis of clause 8.4, STH hereby grants to the Customer and Guests a limited and revocable licence to use the content taken or recorded by the Customer or Guests within the Hospitality Area, on the condition that such use is personal, private, non-commercial and non-promotional; provided, however, that video or audio content taken or recorded within the venues may not be broadcast or distributed (including other provision to third parties) through television, radio, internet (live streaming, etc.) or other electronic media (including that which already exists and that which may be developed in the future through new technology) without the prior permission of STH. Personal distribution of video or audio content is permitted through personal social media mediums provided that the purpose of the distribution is strictly personal and not commercial.
9. Hospitality Package Restrictions
9.1 Event Documents that are damaged, defaced or unreadable may not be accepted as valid for admission to the Event Venue.
9.2 STH shall not reissue or refund the Customer for any lost, stolen, damaged, destroyed or defaced Event Documents, except in exceptional circumstances in the absolute discretion of STH.
9.3 Except as otherwise permitted by STH, the Customer may only purchase the Hospitality Package for use by itself and its Guests. Except as permitted by clause 6.1, the Customer may not resell, exchange or allow the use by any other person of the whole or any portion of the Hospitality Package.
9.4 By purchasing a Hospitality Package, the Customer acknowledges that they have read, understood and agreed to be bound by the Terms and the Venue Policies. Furthermore, the Customer shall cause any transferee of the Hospitality Package, as permitted in accordance with clause 6.1, to agree to the Terms and the Venue Policies, and will be liable for their compliance with the Terms and the Venue Policies. If the Customer does not agree to the Terms and/or to the Venue Policies, or if the Customer (or any of its Guests) cannot comply with any of the Terms or the Venue Policies then the Customer must not make a purchase of a Hospitality Package.
9.5 By using a Hospitality Package, the Customer and Guests shall be bound by these Terms and the Venue Policies.
10. Rescheduling, Relocation or Cancellation of an Event
10.1 The times, dates and locations of the Event may be modified or the Event may be cancelled without advance notice as a result of circumstances not attributable to STH (including safety and security concerns as determined by STH or a determination by the Venue Operator, bad weather conditions or any other competent authority and administrators such as the police, fire department, administrative bodies, etc.) or for any other reason including at STH sole discretion.
10.2 If the Event is rescheduled or relocated in accordance with 10.1, the Customer’s booking for the relevant Hospitality Package shall remain valid for the rescheduled or relocated Event, notwithstanding that the Customer will be entitled to cancel their order if they so wish in such an event. If the Customer exercises its option to cancel their order in these circumstances, the Customer may claim a refund for their booking; provided however, that STH shall not be required to refund any booking or operational expenses or other costs expended by STH prior to the date of cancellation.
10.3 The Customer is advised to enrol in its own insurance to cover the risk and costs associated with a delay, interruption, rescheduling, postponement or cancellation of the Event.
10.4 The provisions limiting the liability of STH expressed in clause 11.2 will apply to the cases where the Event is rescheduled, relocated or cancelled.
11. Limitation of Liability
11.1 STH shall not be liable to the Customer (or any Guest) for any indirect or consequential losses, special damages, any loss of profit or business, or loss of benefit or otherwise, which arise in relation to the provision or use of Hospitality Packages and shall only be liable for those ordinary damages which are a direct result of gross negligence or deliberate acts or omissions on the part of STH.
11.2 Except where the compulsory provisions of the Consumer Contract Act of Japan and compulsory provisions of other applicable consumer protection laws apply, STH’s total aggregate liability to the Customer and transferees of Hospitality Packages whether pursuant to the Customer Agreement, tort, breach of statutory duty, or other basis for claim shall not exceed the total Package Fee(s) paid in respect of the Hospitality Package(s) which are subject to the relevant claim.
11.3 The Customer shall be liable for all damage caused by itself, Guests and any related parties of the Customer.
11.4 The Customer shall indemnify and hold STH harmless from and against all claims, costs, losses, damages, expenses, demands and liabilities incurred by STH as a result of a breach by the Customer (or Guests) of these Terms or in connection with, resulting from, or arising out of any and all acts or omissions of the Customers (or Guests).
11.5 The personal arrangements of the Customer and Guests in connection with the Hospitality Package(s) (including but not limited to travel and accommodation) are arranged by the Customer and Guests at their own risk and STH shall not be liable for any costs, losses, loss of benefit or wasted expenditure (including, without limitation, any special, indirect and/or consequential loss or damage) suffered by the Customer or Guests.
11.6 The Customer and Guests are responsible for his/her own personal property brought to and into the Event Venue and STH shall not be responsible for any loss, theft or damage of a Customer’s (or Guest’s) personal property, for the purpose of additional clarity in particular: –
(a) Within the golf course property, including lockers, STH accepts no responsibility for damages to or theft of the Customers and/or Guests personal items such as cash, valuables, etc.
(b) STH accepts no responsibility for theft or any damages to the vehicles in the golf course parking lot.
(c) The Customer is fully responsible for all damages to golf course property and any loss or damage to rental equipment including golf clubs and golf shoes.
(d) The Customer is fully responsible for checking his/her golf clubs and golf equipment after finishing play. STH will not accept any responsibility for any damage or loss to the Customer.
11.7 STH does not have any authority to bind the Venue Operator or make any representations on behalf of the Venue Operator, and the Venue Operator shall be liable to the Customer or Guests in any respect for the provision or otherwise of the Venue Operator (s).
11.8 In respect of the risks posed by Covid-19, while STH will make every endeavour to implement and enforce policies to prevent and avoid the spread of Covid-19 during the Event, all Customers participate in the Event at their own risk.
12. Termination Events
12.1 The Customer may only terminate the Customer Agreement in accordance with clauses 10.2 of these Terms. Except for these cases, the Customer may not withdraw an offer of, cancel or terminate the Customer Agreement in any case.
12.2 STH may terminate the Customer Agreement with immediate effect if:
(a) the Customer fails to make a payment on the due date for payment in accordance with clause 3 of these Terms;
(b) in STH’s judgment, there is a risk that the Customer or any of its Guests has breached or will breach clauses 5, 6.1, 8.1, 8.2 or 9.3 of these Terms;
(c) the Customer or a Guest has breached any term of these Terms or the Venue Policies; or
(d) the Customer becomes subject to an Insolvency Event.
12.3 If STH terminates the Customer Agreement pursuant to clause 12.2 of these Terms, STH may additionally:
(a) demand the immediate payment by the Customer of any monies due to STH;
(b) cancel all the Customer’s orders accepted by STH pursuant to clause 2 of these Terms and reject any further orders; and
(c) pursue any other remedies, including claiming damages from the Customer.
12.4 In addition STH may terminate all or any part of the Customer Agreement (including, without limitation, cancelling any Hospitality Package(s) purchased as part of the Customer Agreement) in the event:
(a) of a manifest error (as reasonably determined by STH) in the order confirmation or Acceptance notification such that the confirmed order is materially incorrect; or
(b) STH becomes unable to provide the Hospitality Package(s) due to any operational reason (including, without limitation, where the ordered Hospitality Package(s) become unavailable).
(c) that STH decides to do so at its sole discretion for whatever reason.
In the event STH terminates the Customer Agreement in accordance with this clause 12.4, the Customer shall be entitled to a full refund of monies paid in respect of any cancelled Hospitality Package but the Customer will not be entitled to claim further damages, other compensations or make any other demands to STH beyond this.
12.5 Termination of the Customer Agreement shall not affect any rights or liabilities accrued prior to termination.
12.6 The following provisions shall survive termination of the Customer Agreement: clauses 5, 7, 8, 9, 10.2, 11, this clause 12.5 and 12.6, 13 through to 19, 21, 22 and the Appendix.
13. Notices
13.1 All notices provided in connection with the Customer Agreement shall be written in English or Japanese and shall either be delivered by email, hand or sent by registered post (if within Japan) to the address specified by the relevant party. The Customer shall specify such email address and postal address at the time of the booking. In the case of a change in Customer’s contact details, Customer shall promptly notify STH of the changed details. In the case of a change in STH’s contact details, these shall be posted on its website.
13.2 A notice sent according to clause 13.1 of these Terms shall be deemed to have been received:
(a) if sent by email, at the time when such email arrives at the email server of the recipient;
(b) if delivered by hand, at the time of delivery; or
(c) if sent by registered post, on the second day after posting.
If, pursuant to this clause 13.2, a notice would have been deemed to have been received outside of the hours of 9:30 to 17:30 on a day other than a Saturday, Sunday, national holiday of Japan or the traditional New Year’s holidays period in Japan (“Business Day”), it shall be deemed to have been received at 9:30 (Japanese Standard Time) on the immediately following Business Day.
13.3 Any notice to STH shall be sent via the following methods:
(a) by registered post or hand delivery, to the current STH address as made public on the official Hospitality Package website and addressed for the attention of “The Representative Director and President,” or
(b) by email, to the email address to be separately designated and/or provided by STH.
14. Entire Agreement and Amendments to the Terms
14.1 The Customer Agreement constitutes the whole agreement and understanding between the parties with respect to the subject matter of the Customer Agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of the Customer Agreement. The Customer confirms that it has not concluded the Customer Agreement in reliance on any content or representation which has not been included in the Customer Agreement.
14.2 STH reserves the absolute right to change these Terms from time to time. If such changes will materially affect the rights of the Customer, STH shall notify the Customer of such changes by email.
15. Severability
In the event that any provision of the Customer Agreement is judged invalid, ineffective or unenforceable in any respect by any competent court in any jurisdiction, that provision shall be severed to the extent necessary in that jurisdiction, and the remainder of the Customer Agreement will remain in effect as if such provision had not been included and the validity, enforceability and/or legal effect of such remaining terms of the Customer Agreement shall not in any way be affected or impaired thereby.
16. Force Majeure
16.1 STH shall not be liable to the Customer or any Guest for its inability to perform any obligations under the Customer Agreement caused by a Force Majeure Event.
16.2 In the event of a Force Majeure Event (excluding those circumstances described in clause 10 of these Terms), STH shall notify (including posting via its website) the Customer without delay of the nature and likely duration of the Force Majeure Event and endeavour to mitigate its effect.
16.3 If the relevant Force Majeure Event occurs, STH may terminate the Customer Agreement (provided that such Force Majeure Event is continuing at the date of termination), and the Customer may claim a refund; provided however, that STH shall be allowed to deduct an amount equal to any booking or operational expenses or other costs expended by STH prior to the date of cancellation from the amount to be refunded hereunder.
16.4 Unless the Customer Agreement is terminated pursuant to clause 16.3, STH shall notify the Customer promptly when performance of its obligations under the Customer Agreement resume.
17. Exclusion of Anti-Social Forces
If STH and/or the Venue Operator determines that a Customer (or any Guest) is related to a criminal organisation, a member of a criminal organisation, an associate member of a criminal organisation, a criminal organisation-related company, an extortionist who threatens to disrupt shareholder meetings, an activist who pursues illegal profits by disguising him/herself as a social activist, an activist who pursues illegal profits by disguising him/herself as a political activist, a criminal organisation-related group with specialised knowledge or any similar group or individual (commonly referred to as “Anti-Social Forces”), STH and/or the Event Organizer may refuse to sell or deliver Hospitality Packages to such Customer, or may deny entry by such Customer (and Guests) into the Event Venue, refuse to allow such Customer (and Guests) to view the Event or order the removal of such Customer (and Guests) from the Event Venue.
18. Personal Information
18.1 STH is the data controller of the personal information which is collected about the Customer (and any Guest) in connection with the Customer’s (and any Guest’s) attendance at the Event and the operation and administration of the Hospitality Package purchased．
18.2 The personal information which STH collects includes the Customer’s (and any Guest’s) name and any other details the Customer provides (or is provided on the Customer’s behalf), such as the Customer’s (and any Guest’s) organisation, role within the organisation, contact details, and any dietary requirements or mobility restrictions.
18.3 STH will use the Customer’s (and any Guest’s) personal information, and may share it with the Venue Operator and suppliers who STH has engaged in connection with the organisation of the Hospitality Package, for the purposes of facilitating the Customer’s (and any Guest’s) use of the Hospitality Package in accordance with these Terms, and the Customer and Guests agree to the foregoing.
18.4 Where any requests are made to STH in relation to any mobility or dietary requirements that the Customer (and any Guest) may have, such requests will be deemed as the Customer’s (and/or the Guest’s) consent for STH to process information relating to the Customer’s (and/or the Guest’s) mobility or dietary needs to enable STH to attempt to facilitate such requests.
18.5 For more information regarding the handling of personal information in relation to the purchase and use of Hospitality Packages, please consult the STH Privacy Policy（https://www.sthjapan.com/privacy-cookies/）. The Customer and Guests agree that personal information collected from the Customer and Guests in relation to the purchase and use of Hospitality Packages will be treated in accordance with the provisions of the Privacy Policy, including transfers to the Venue Operator and other organizations set forth in the Privacy Policy.
18.6 Except where the compulsory provisions of Japanese Law apply STH shall not be responsible for any loss, theft or accidental destruction of any personal information provided by the Customer (and any Guest) or any financial or other loss or damage which may result, directly or indirectly therefrom.
19. Non-Assignment
Customer or Guests shall not transfer or assign any of its rights or obligations to STH that arise in relation to the Hospitality Packages and/or and Customer Agreement, or its position as a party to the Customer Agreement, to any third party, nor take any action to pledge as collateral or create any other security or encumbrances on any of its rights to STH that arise in the Hospitality Packages and/or Customer Agreement for the benefit of any third party, without the prior written approval of STH.
20. Age Policy
20.1 Children under twelve 12 years of age are not permitted entry to the Event Venue.
20.2 Minors of twelve12 years of age or older are not permitted entry to the Event Venue unless accompanied by a guardian or person in parental authority also in possession of the relevant Customer hospitality pass.
21. Language
Reference translations of the Customer Agreement (in English or any languages other than Japanese) may be provided by STH. In all cases, the Japanese version of the Customer Agreement shall control and prevail over any translation into any language other than Japanese.
22. Governing Law and Jurisdiction
The Customer Agreement will be governed by and interpreted in accordance with the laws of Japan, without reference to conflict of laws principles. Any dispute arising from or in connection with the Customer Agreement will be submitted to the exclusive jurisdiction of the applicable courts in Tokyo, Japan.
23, Sponsorship Hospitality Package
23.1 If the Customer has purchased a Sponsorship Hospitality Package from STH, the provisions of this clause 23 will apply and the Customer will be able to enjoy the rights specified in the Booking Form.
23.2 The Sponsor grants to STH a worldwide, sub-licensable, non-exclusive, royalty free license to use the Customer’s logo for the delivery of the rights contained in the relevant Booking Form and to directly and indirectly promote and exploit the Event in any media including by use on promotional material and merchandising.
23.3 The Sponsor will obtain the prior written approval of STH for any and all advertising or promotional material associating the Sponsor and/or its products with the Event. Such approval shall not be unreasonably withheld or delayed.
23.4 The Sponsor warrants that it is the sole owner of or controls all intellectual property rights in the Sponsor’s logo. The Sponsor confirms that the use of the Sponsor’s logo by STH, the Venue Operator and/or anyone licenced by STH or the Venue Operator in accordance with these provisions will not infringe the intellectual property rights of any third party or expose STH, the Venue Operator or any third party sponsor to any criminal or civil proceedings.
23.5 The Sponsor shall indemnify and hold STH and the Venue Operator harmless from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred by STH or the Venue Operator as a result of or in connection with any action, demand or claim that the use of or possession of any of the Sponsor’s intellectual property rights infringes on the intellectual property rights of any third party.
23.6 The Sponsor shall indemnify STH and the Venue Operator to the fullest extent possible at law from and against all claims, liability, loss, expense or damage of any type arising in connection with the use, supply, distribution or sale of the Sponsor Products.
APPENDIX ONE – DEFINITIONS
In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings:
Acceptance means an email communication STH sends to the Customer accepting, confirming and detailing the Customer Hospitality Package purchase;
Customer means the person that directly purchases a Hospitality Package from STH or a vendor separately permitted by STH and the Venue Operator to resell such Hospitality Packages (and including purchases through an STH Sales Agent);
Event Documents means any or all of the following: (a) Itinerary; (b) Event Venue location map; and (c) Event Brochure
for access to the relevant Hospitality Area;
Force Majeure Event means any event or circumstances beyond the reasonable control of STH (including but not limited to industrial or civil disputes, war, governmental action, decision by Venue Operator, riot, fire, flood, drought, other natural disaster or act of God, crowd disorder caused by spectators, civil commotion, military operations, explosion, structural damage, terrorism (including the threat of terrorism), epidemics, pandemics, legislation, regulation, guidance, ruling or omission by relevant administrative authorities, shortage of power supplies or power failure, strike, lock-out, boycotts or other labour action, etc.;
Event Day means the date upon the Event is scheduled to take place.
Event means the Golf Day organised by STH at the Taiheiyo Club Gotenba Course (〒412-0048, 941 – 1 Itazuma, Gotemba-Shi, Shizuoka) or the Taiheiyo Club Gotemba WEST Course (〒412-0008, 1044-1 Shiinno, Gotenba-Shi, Shizuoka) on the Event Day;
Event Venue The Golf Day will be held on multiple days and the Event Venue will be either the Taiheiyo Club Gotenba Course (〒412-0048, 941 – 1 Itazuma, Gotemba-Shi, Shizuoka) or the Taiheiyo Club Gotemba WEST Course (〒412-0008, 1044-1 Shiinno, Gotenba-Shi, Shizuoka) depending on the date in question. The Customer must refer to the Event Documents regarding the Event Venue of the Hospitality Package that the Customer has purchased. The definition of the Event Venue will include the previously mentioned golf course which applies to the Hospitality Package purchased by the Customer as well as any other facilities within which the Hospitality Elements will be provided in relation to the Hospitality Package that the Customer has purchased;
Guest means any guest of the Customer (including clients, trading partners, shareholders, employees, officers, family, friends, colleagues and other acquaintances) utilising a Hospitality Package transferred to them by the Customer;
Hospitality Elements means all those goods and/or services to be offered as part of the Hospitality Package (including without limitation catering, beverage and/or other hospitality services);
Hospitality Package means a pre-specified bundle of products and services, the content of, and prices (Package Fee(s)) applicable to which are planned out and implemented by STH (or its subcontractor(s)), for which STH (or its subcontractor(s)) make available to Customers as an independent contractor. The contents of Hospitality Packages may vary within the scope of a pre-determined menu of options offered in accordance with the type of package purchased.
Insolvency Event occurs when:
(a) the Customer ceases operations, makes a resolution to dissolve or to engage in voluntary liquidation, or motions or is subject to motion for bankruptcy, civil rehabilitation, corporate reorganisation, or special liquidation;
(b) a check or negotiable instrument drawn or endorsed by Customer is dishonoured, or Customer suspends payments or is unable to pay its debts as they come due; and/or
(c) Customer is subject to an order for or a notice of seizure (sashiosae), provisional seizure (kari-sashiosae), or temporary disposition (kari-shobun), disposition of delinquent payment of tax (taino-shobun), or motion for compulsory sale (keibai);
Intellectual Property Rights means patents, trade-mark rights, service marks, logos, rights in designs, trade dress, trade names, domain names, goodwill associated with the foregoing, copyright (including rights in computer software) and moral rights, semi-conductor topography rights, rights in inventions, utility models, rights in know-how, confidential information such as trade secrets and database rights and other intellectual property rights in each case whether registered or unregistered and all rights or forms of protection having equivalent or similar effect anywhere in the world and “registered” includes registrations and applications for registrations;
JCT means the Japanese consumption tax and local consumption tax levied under all applicable legislation, as amended from time to time; JCT shall apply to all Package Fees;
Minor means a person under the age of twenty years;
Event Mark means any trademarks, trade or business names, logos or design rights (or applications for any of the foregoing) or any other Intellectual Property Rights of STH, the Venue, Venue Operator or any associated organisations (in each case, whether registrable or otherwise), including marks and designs relating to the Event, any associated teams, associated symbols, associated words (and their plurals) and/or any other associated motto or representation;
Booking Form means the form provided by STH to the Customer to invite the customer to confirm their offer to purchase the Hospitality Packages specified in the Booking form. For the avoidance of doubt, the Customer Agreement is formed once STH communicates their Acceptance by e-mail to the Customer and not when the Customer sends their completed Booking Form to STH.
Package Fee means the price of the relevant Hospitality Package paid or payable by the Customer to STH and which price is exclusive of taxes and duties such as JCT, etc;
Privacy Policy means the official Privacy Policy of STH.
Prohibited Materials means:
(a) vertical/horizontal banners or other signs bearing (in the judgment of STH) commercial, offensive or provocative messages;
(b) any items or documents having a promotional/advertising or commercial purpose (including documents, leaflets, badges, signs, symbols and vertical/horizontal banners, uniforms, clothing, etc.);
(c) any items having a promotional/advertising or commercial purpose that incorporate the logos, branding, get-up of or slogans associated with Customer or any of its Guests; and
(d) materials for which possession is restricted by the Venue Policy.
Sponsor means a Customer who has been determined by STH to have purchased a valid Sponsorship Hospitality Package for the Event.
Sponsorship Hospitality Package means one or all of the Hospitality Package options available for purchase by the Customer which are further described in clause 23 of these Terms.
Sponsorship Products means any products of the Sponsor provided to STH for the Event.
STH means STH Japan K.K., a company incorporated in Japan whose business office is at: 8F 4-1 Kasumigaoka-machi, Shinjuku-ku, Tokyo;
Venue Operator means Green Echo K.K. a company incorporated in Japan whose business office is at 5344-49 Gonda, Kurabuchi-machi, Takasaki-shi, Gunma trading as Haruna no Mori Country Club
Venue Policy means any policy established by the Venue Operator or otherwise in effect over any part of the Event Venue whether such policies exists in writing as a document or whether such policies exist through customary practice or convention. The Venue Policies applicable to these Terms are available through the following links in Japanese [Terms of use of the Golf Course (clause 1, 2, 7 & 8 will not apply) – https://www.taiheiyoclub.co.jp/corporate/img/article_01.pdf], [Terms of use of Golf Cart – https://www.taiheiyoclub.co.jp/corporate/img/article_02.pdf] [Taiheiyo Golf Manners Book – https://www.taiheiyoclub.co.jp/lrhh7f00000000eo-att/dresscode_leaflet.pdf]. Please contact the Venue Operator directly for questions and requests relating to the Venue Policies or for requests of English translations of the same.
