These Corporate Subscription Terms set out the terms and conditions for an IP Subscription to Nikkei Asia. The subscription order form (“Order Form”) and these Corporate Subscription Terms together form the agreement (the “Subscription Agreement”) between the corporation named in the Order Form (the “Customer”) and Nikkei Inc. (“Nikkei”). The Subscription Agreement is formed when the Order Form acceptance sent by Nikkei or an authorized sales agency of Nikkei (“Sales Agency”) arrives at the Customer. In the event of any conflict between the terms of the Order Form and these Corporate Subscription Terms, the terms of the Order Form shall take precedence.
The Terms of Use shall also apply to Corporate Subscriptions. In the event of any conflict between these Corporate Subscription Terms and the Terms of Use, these Corporate Subscription Terms shall take precedence. Capitalized terms used in the Subscription Agreement and not defined in these Corporate Subscription Terms or the Order Form have the meaning given to those terms in the Terms of Use.
Subject to the terms of this Subscription Agreement, each User accessing the Website from the specific range of IP (internet protocol) address(es) identified by the Customer in the Order Form (“IP User”) may use all functions of the Website other than the Your Account feature without using any ID to log in for internal business and personal use in accordance with the Copyright Policy, for the subscription term. IP Users cannot use any of our Mobile Apps.
The Customer shall procure that all IP Users agree with the Privacy Policy and Cookie Policy, and use the Service in accordance with the Subscription Agreement (including the Terms of Use and the Copyright Policy). All IP Users must be employees or other engaged staff, directors, clients or other related persons of the Customer or its affiliated entities.
The Customer shall pay Nikkei or the Sales Agency (as applicable) the Subscription Fee set out in the Order Form within one month of issuing an invoice, and by bank transfer to the account specified separately. Unless otherwise indicated, the Subscription Fee is exclusive of any applicable sales taxes. The breakdown of any applicable sales taxes payable with the Subscription Fee shall be indicated on the invoice. The Customer shall bear the fee for the bank transfer. The Subscription Fee and the sales tax paid with the Subscription Fee shall not be refundable other than as provided for in the Subscription Agreement.
Nikkei may immediately terminate the Subscription Agreement if:
a) the Customer ceases to carry on its business or has a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets; or the Customer passes a resolution for its winding up; or a court of competent jurisdiction makes an administration order or liquidation order or similar order; or the Customer enters into any voluntary arrangement with its creditors; or the Customer is unable to pay its debts as they fall due or any similar event occurs in any jurisdiction; or the Customer’s bill or cheque is dishonored; or
b) the Customer breaches the terms of the Subscription Agreement (including the Terms of Use and the Copyright Policy).
The Subscription Fee and the sales tax paid with the Subscription Fee shall not be refundable, and Nikkei shall have no obligation to the Customer on such termination.
The Subscription Agreement shall be renewed automatically at the end of the subscription term unless Nikkei, the Sales Agency (as applicable) or the Customer stops the auto-renewal by giving notice to the other party in writing at least ten (10) days prior to the end of the subscription term or any applicable renewal term.
Nikkei or the Sales Agency (as applicable) shall notify the Customer of any change in price in accordance with the Terms of Use. Unless otherwise mutually agreed between the Customer and Nikkei or the Sales Agency (as applicable), any such change shall only take effect when the current Subscription Agreement is renewed.
The Customer agrees that all intellectual property rights associated with any article, photograph, illustration, data, picture, image, software, etc., related to the Service (“Content”) are owned or licensed by Nikkei. The Customer acknowledges that it is not granted any rights to the Content and may not use (including but not limited to, making a copy of, duplicate, storing, playing, selling, reselling or reproducing in any other medium) all or any part of the Content, except as expressly permitted by the Copyright Policy.
The Customer shall fully indemnify Nikkei and the Sales Agency (as applicable) against all liabilities, costs, expenses, damages and losses (including any direct or foreseeable indirect losses, loss of profit, and all reasonable legal costs) suffered or incurred by them arising out of, or in connection with, any act or omission of the Customer or the IP Users.
Neither the Customer nor the IP Users are entitled to assign, license, sub-license or otherwise transfer any of their rights and obligations under the Subscription Agreement to any third party.
Each of the parties (and the Sales Agency as applicable) undertakes to keep confidential all information (written or oral) concerning the business and affairs of the other that it will have obtained or received as a result of the discussion leading up to the entering into, or in the course of the performance of, this Subscription Agreement (“Confidential Information”) save that which is (a) trivial or obvious; (b) already in its possession other than as a result of a breach of this clause; (c) in the public domain other than as a result of a breach of this clause; or (d) for Nikkei’s benefit only, is acquired by members of Nikkei’s newsgathering or news dissemination operations by persons who are not provided with access to the Confidential Information pursuant to the terms of the Subscription Agreement. Each party agrees not to make any announcement regarding this Subscription Agreement or the activities associated with it without the prior written consent of the other, except for any announcement made by the Customer to the IP Users and between Nikkei and the Sales Agency (as applicable).
Each of the Parties may disclose Confidential Information which is required by a government body, a court of competent jurisdiction, or otherwise by law to be disclosed, provided that the disclosing party shall disclose such Confidential Information only in accordance with such a request, and use all reasonable endeavors and act in good faith to consult with the other party wherever practicable before disclosing such information.
The Customer warrants that the Customer and IP Users are not, and shall not in the future be, a member of or in any way associated with an organized crime group or any other kind of anti-social forces group. The Customer agrees that the Customer and IP Users shall not conduct any unjust act against Nikkei or the Sales Agency (as applicable) in the name of anti-social forces.
a) The Customer and Nikkei each warrant that they have full power and authority to enter into the Subscription Agreement.
b) The Subscription Agreement constitutes the whole agreement between the parties and supersedes all previous agreements relating to its subject matter. Each party acknowledges that, in entering into the Subscription Agreement, it will no longer be bound by, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Subscription Agreement.
c) No failure or delay by either party to exercise any right or remedy under the Subscription Agreement or by law shall constitute a waiver of that or any other right or remedy. Nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
d) If a provision of the Subscription Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Subscription Agreement, and the validity and enforceability of the other terms of this Subscription Agreement shall not be affected. If a provision of the Subscription Agreement (or part of any provision) is found to be illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
e) Anyone who is not a direct party to the Subscription Agreement shall not have any rights to enforce its terms. The rights of the parties to terminate, rescind or agree to any variation, waiver or settlement under this Subscription Agreement are not subject to the consent of any other person.
The Subscription Agreement shall be governed by and interpreted in accordance with the laws of Japan, and the Tokyo District Court shall have the exclusive jurisdiction over any dispute arising out of, or in connection with, the Subscription Agreement.
Nikkei may change these Corporate Subscription Terms at any time. Nikkei shall publish the revised Corporate Subscription Terms and their effective date on the Website before the effective date, and the revised Corporate Subscription Terms shall be effective as of the effective date. By continuing to use the Service, the Customer agrees to the revised Corporate Subscription Terms. The Terms of Use and the Copyright Policy may also be revised in accordance with their terms.
Established on July 23, 2018
Revised on September 29, 2020
Revised on October 15, 2024
