Disclaimer & Limitation Of Liability

By accessing the website of Nippon Wealth Limited (“NWB”) and any of its pages, the visitor/the customer agrees to be bound by the terms and conditions set out below:-

1.1
NWB makes no representation or warranty of any kind, express, implied or statutory regarding electronic banking services and the website or the information or materials contained or referred to in the website or otherwise provided via electronic banking services. To the fullest extent permitted by law, NWB hereby expressly excludes and disclaims any condition, representation, warranty or responsibility of any kind relating to electronic banking services and/or such information and materials, whether express or implied, by statute or otherwise, including without limitation, any such condition, representation, warranty or responsibility regarding the title, fitness for a particular purpose, merchantability or standard of quality of electronic banking services and/or such information and materials, that they will be accurate or free of errors or omissions, that they will not infringe any third party rights, that they will be available and uninterrupted at any particular time, free of computer viruses, adhere to any particular performance standards or that any instruction to or information requested from the website and/or via NWB's electronic banking service will be acted upon, delivered to or received by the visitor/the customer at any time or at all.
1.2
The information and materials contained on the website or otherwise provided via NWB's electronic banking services is provided for information only and should not be used as a basis for making business decisions. Any advice or information received via the website or otherwise provided via NWB's electronic banking services should not be relied upon without consulting primary sources of information and obtaining specific professional advice. Save and except due to the negligence or wilful default of NWB, NWB's authorized officers, employees or agents, NWB accepts no liability for any loss or damage arising directly or indirectly from action taken, or not taken, in reliance on information or materials contained on the Website or otherwise provided via NWB's electronic banking services. In particular, no warranty is given that economic reporting information, materials or data is accurate, reliable or up-to-date.
1.3
Save and except due to the negligence or wilful default of NWB, NWB's authorized officers, employees or agents, NWB is not liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from the visitor/the customer 's use of the website and electronic banking services including any loss, damage or expense arising from, but not limited to, any defect, error, fault, mistake or inaccuracy with the website, its contents or NWB's electronic banking services, or due to any unavailability of the website or any part thereof or any contents or NWB's electronic banking services.
1.4
The visitor/the customer downloads any software from the website at the visitor's/the customer's own risk. Save and except due to the negligence or wilful default of NWB, NWB's authorized officers, employees or agents, NWB neither assumes nor accepts liability for any loss or damage, whether direct or indirect, howsoever caused, as a result of any computer viruses or similar disruptions arising from the visitor's/the customer's use of and/or download of software from the website.
1.5
Hyperlink Policy:
  • Hyperlinks from the website of NWB to websites outside NWB: NWB provides hyperlinks from the Website of NWB to other websites on the Internet for information purposes only. These hyperlinks lead to third party websites which are in no way affiliated with or related to NWB. NWB is not responsible for making enquiries, investigating and/or verifying the contents of such third party websites and NWB does not warrant the security of any information which the visitor/the customer may forward or be requested to provide to any third party via such websites. NWB's inclusion of hyperlinks to the third party websites does not and in no way represent any forms of recommendation, endorsement, approval, guarantee or introduction of any third parties or their products or services that they provide or any form of co-operation between NWB and any third parties unless otherwise expressly stated by NWB. Further, NWB is not a party to any contractual arrangements that the visitor/the customer and the provider of the third party website or any third party that the visitor/the customer may enter into unless otherwise expressly specified or agreed to by NWB. NWB may also provide hyperlinks to third party websites which contain downloadable software for convenience purposes only. NWB shall in no way be responsible for any difficulties that the visitor/the customer may encounter in downloading or installing such software or for any consequences arising out of or in connection of doing so. Please be reminded that the use of any software downloaded from the Internet may be governed by a licence agreement. NWB shall in no way be responsible for any infringement of the intellectual property rights of the relevant software provider. Without accepting any obligation or responsibility on part of NWB, the visitor/the customer is reminded to observe the terms of such software licence agreement. Please be reminded that when the visitor / the customer leaves the website of NWB and visits other websites, he will be subject to the terms and privacy policies of the websites he is visiting. NWB accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of information or materials contained in the third party websites or loss arising directly or indirectly from defects with such sites.
  • Hyperlinks from the website of NWB to websites of the subsidiaries of NWB: NWB may provide hyperlinks to the websites of its subsidiaries. These websites may be created elsewhere in different jurisdictions and under different governing laws. The products and services offered on these websites may be limited to person of a specific location and jurisdiction. In addition, there may be differences in the terms governing the use of these websites and special attention must be paid to the specific terms and conditions before using these websites.
  • Hyperlinks from external websites to the website of NWB: If any third party wants to create a hyperlink to the website of NWB, it must obtain the prior written approval of NWB. NWB may, at its absolute discretion, grant or refuse to grant such approval without providing any reason therefor. NWB may only approve a hyperlink which only displays NWB's name or the website address. Except in very exceptional circumstances and possibly subject to the payment of a fee which NWB may in its absolute discretion determine, NWB will not approve any use or display of NWB's logo, trade names, trademarks or whatever that can be reasonably inferred as NWB. NWB may without providing any reason therefor rescind any approval granted at its absolute discretion, and require the removal of any links to its Website at any time. Any link to its Website must be made directly to the home or front page of its website, and "framing" or "deep-linking" of its website or contents thereof is prohibited. NWB is not responsible for the setup of any hyperlink from third party website to any websites of NWB or for the accuracy of the contents of such third party website. Such links shall not constitute any endorsement by NWB or any co-operation between NWB and the third party website. NWB accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) with such links.
1.6
NWB does not guarantee that any communications from or to the website will be sent to the visitor/the customer or received by NWB nor does NWB warrant the privacy and/or security of such communications during transmission.
1.7
The customer acknowledges that there are risks inherent in using electronic banking services but agrees that the benefits justify these risks and the customer shall waive any claim the customer might have against NWB because of :
  • Any failure of systems or equipment (whether or not provided by NWB) including telecommunications services and facilities;
  • NWB's acceptance of any unauthorized instructions which appear (or which NWB believes) to be from the customer;
  • Delays in the implementation of instructions from the customer;
  • Delays in delivery or availability of, or failure to deliver or make available, any part of electronic banking services;
  • Delays in despatch or delivery of, or failure to despatch or deliver, any notice or information provided or requested via electronic banking services or any inaccuracy, error or omission in or from any such notice or in or from any information contained in any such notice;
  • The customer's failure to use electronic banking services in accordance these terms and conditions;
  • The customer's reliance, use or otherwise acting upon any information or materials provided via electronic banking services.
1.8
NWB's liability for any particular incident or series of related incidences shall, in any event, not exceed the amount of the relevant transaction, instruction or direction (or series of relevant transactions, instructions or directions) or the amount of direct damages suffered by the customer, whichever is the less.
1.9
Provided that the customer has not been dishonest or negligent, the customer will not be liable for any unauthorized transaction which has been executed through electronic banking services as a result of :
  • someone using the customer's access passcode after the customer has notified NWB in writing of the loss or theft or of such access passcode;
  • computer crime which is not prevented by NWB's security system;
  • fraud or gross negligence of NWB and its staff.
Once NWB is satisfied that the unauthorized transaction was executed as a result of one of the three factors listed above, the customer is entitled to request for a reverse of the relevant entry and any bank charges incurred by the customer arising therefrom.
 * In case of discrepancies between the English and Japanese versions of this notice, the English version shall prevail.

May 2015