Terms & Conditions

This document outlines the terms and conditions (“Terms and Conditions”) for using https://www.nissha.com/ and all associated worldwide domains and subdomains (the “Website"). We highly recommend you review these terms thoroughly before accessing or using the Website.

Using the Website, you confirm that you have read, understood, and agree to abide by these Terms and Conditions. Your explicit agreement to these terms will be required for specific actions, especially when submitting service requests or finalizing contracts through the Website.

These Terms and Conditions form a legally binding agreement between you and Nissha Europe GmbH. Please do not use the Website if you do not accept any part of these terms.

Section I - General

Art. 1 This website is managed and administered by:

For EU Website:

Name: Nissha Europe GmbH

Company No.: HRB 98177;

Headquarters: Frankfurter Str. 63-69, 4.OG, 65760 Eschborn, Germany

Address for correspondence: Frankfurter Str. 63-69, 4.OG, 65760 Eschborn, Germany

Phone: +49 6196 9673 10

Email Address: admin-neg@nissha.com

Other worldwide domains & subdomains:

Name: Nissha Co., Ltd.

Company No.: 436028;

Headquarters: 3 Mibu Hanai-cho, Nakagyo-ku, Kyoto 604-8551, Japan

Address for correspondence: 3 Mibu Hanai-cho, Nakagyo-ku, Kyoto 604-8551, Japan

Email Address: it-strategy@nissha.com

Section II - Definitions of terms

Art. 2 In this Terms & Conditions, unless the context otherwise requires, the following definitions shall apply:

Agreement means these Terms and Conditions and any documentation expressly incorporated by reference herein, as may be amended occasionally.
Business Day is any day (other than a Saturday, Sunday, or public holiday) when banks in Japan are open for business.
Confidential Information means all information disclosed by either Party (the "Disclosing Party") to the other Party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to business plans, technology and technical information, product designs, and business processes. It also means any non-public information relating to the actual or anticipated business, research, or development of the Merchant and any proprietary information, trade secrets, and know-how disclosed by the Merchant to Users before, on, or after their acceptance of these Terms and Conditions.
Content means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials posted on or accessible through the Website.
Devices means precision components and module products manufactured or supplied by Nissha, including but not limited to film-based touch sensors, gas sensors, force sensors, and related technological solutions, together with any associated components or modules designed for use in consumer electronics, mobility, industrial, and medical applications.
Group Companies means to any Party, its subsidiaries and subsidiary undertakings, holding company, and all other subsidiaries or subsidiary undertakings of its holding company;
Industrial Materials refer to Nissha's products and solutions for various markets, including mobility (automotive and transport), consumer electronics, medical devices, and sustainable packaging materials.
Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Materials means any documentation, information, or materials provided by Nissha through the Website or in connection with its products and services.
Merchant means Nissha.
Nissha means Nissha Co., Ltd. and its Group Companies, including Nissha Europe GmbH, also referred to as “we” and “our”.
Party or Parties means the Merchant and the User.
Personal Data means any information relating to an identified or identifiable natural person as defined in applicable data protection laws, including but not limited to the Act on the Protection of Personal Information of Japan and the General Data Protection Regulation (GDPR) of the European Union.
Products mean any goods, materials, or equipment manufactured, distributed, or sold by the Merchant, including, but not limited to, Industrial Materials, Devices, and related technologies.
Services means all services the Merchant provides, including but not limited to product development, manufacturing, consulting, and technical support services.
Specifications refer to the technical specifications, drawings, and other documents regarding products or services provided or approved by the Merchant.
Technology means Nissha's proprietary technologies, including but not limited to Industrial Materials technology, Device technology, and any related intellectual property.
Terms and Conditions means the terms and conditions for using the Website.
User means any person or entity that accesses or uses the Website, also referred to as “you”.
Website means the website operated by the Merchant at www.nissha.com and all associated worldwide domains and subdomains.

Section III - Website Characteristics

Art. 3 (1) These General Terms and Conditions establish and govern the relationship between the Merchant and the Users accessing and utilizing our Website.

(2) Our Website provides access to the following core functionalities, available to all Users:

Review the Merchant’s industrial materials, devices, and technological solutions, including detailed product specifications and application information;
Submit inquiries, technical questions, and business requests through our dedicated communication channels and structured contact forms;
Initiate business relationships by requesting product quotations or submitting specifications for custom solutions;
Access information about corporate developments, technological innovations, and successfully implemented projects across global markets;
Explore career opportunities within the Merchant's worldwide operations and submit applications through our career portal;
Following these Terms and Conditions and our Privacy Policy, you can exercise your rights and obligations, including access to all legally required information through the Website interface.

(3) These General Terms and Conditions apply comprehensively to all interactions and relationships between the Merchant and Users. However, their scope may be modified or limited through written agreements between the Merchant and specific parties when explicitly documented and mutually agreed upon.

(4) Furthermore, the Merchant maintains the right to enhance Website functionality through periodic updates, ensuring Users can access current information about our technological innovations, product specifications, and industry developments. All content and features support informed decision-making and facilitate effective communication between the Merchant and its stakeholders while maintaining the highest data protection standards and user privacy.

Section IV - Rights and Obligations of the Parties

Art.4 According to the Agreement concluded between the Parties, the Merchant shall be entitled to:

Monitor and analyze User interactions and inquiry patterns to improve service quality and User experience, insofar as this does not conflict with applicable law, in particular data protection law.
Distribute newsletters, corporate updates, and product information to Users who have explicitly consented to receive such communications.
Restrict or terminate Website access for Users who violate these Terms and Conditions or applicable laws, except in the case of a minor violation. The Merchant shall, if possible and feasible, notify the User in advance and set a reasonable deadline for the User to rectify their behavior. .
Process and respond to product and service inquiries according to internal procedures and available resources.
Modify, suspend, or discontinue any Website features or functionalities without prior notification.
Update service specifications and technical documentation as needed to reflect current capabilities.
Decline processing inquiries that contain inaccurate, incomplete, or misleading information.
Adjust response timelines when necessary technical information or specifications from inquiring parties are delayed.
Showcase successful implementations and case studies through corporate channels, subject to confidentiality agreements.
Request feedback regarding the quality of technical support and consultation services provided.
Seek appropriate remedies for any damages resulting from misuse of Website resources or breach of these Terms and Conditions.

Art.5 Under the Agreement concluded between the Parties, the Merchant shall:

Maintain the confidentiality of all received business information, technical specifications, and personal data, using such information solely to handle inquiries and provide requested information.

Process all inquiries professionally and provide accurate technical information regarding our products and services.
Address technical issues or Website malfunctions within five business days of discovery.
Notify inquiring parties within five business days if unable to provide requested information or specifications.
Communicate promptly regarding any technical limitations or constraints affecting product applications or implementations.
Consider and address all reasonable requests for technical information or clarification.
Participate in technical consultation meetings when arranged with proper advance notice via email.
Provide timely updates regarding any changes to product specifications or technical documentation.

Art. 6 The Users shall have the following rights under this Agreement:

Request and receive Services following agreed specifications and timelines.
Initiate contract negotiations through the Website or direct communication with the Merchant's authorized representatives.
Receive timely remediation of any Service deficiencies attributable to the Merchant's performance.
Access and view publicly available Website content, including educational materials, articles, and media resources.
Request and receive reasonable status updates regarding ongoing Services.
Seek compensation for direct damages resulting from the Merchant's material breach of this Agreement, subject to the limitations outlined in Section V.

Art. 7 (1) Any User accessing or using the Website agrees to comply with the following obligations:

The User shall use the Website following applicable laws and regulations. Users must not attempt to gain unauthorized access to the Website or related systems, interfere with or disrupt the Website's functionality, upload or transmit any malicious code or materials, impersonate any person or entity, or engage in any activity that could damage, disable, or impair the Website.
When providing information through the Website, the User shall submit only accurate, current, and complete information and maintain and promptly update any provided information. Users shall take reasonable measures to maintain the confidentiality of their login credentials. Users are responsible for activities occurring under their account, except in cases where such activities result from security breaches that are not attributable to the user's negligence or willful misconduct. The company shall implement appropriate technical and organizational measures to protect user accounts, and users shall promptly notify the company of any unauthorized access or security concerns related to their account.
The User acknowledges and agrees to respect all intellectual property rights related to the Website content. Users shall not copy, modify, distribute, or create derivative works without explicit permission. Content may be used solely for personal, non-commercial purposes, and Users must not remove any copyright, trademark, or other proprietary notices.
The User shall communicate professionally and courteously when interacting through the Website, respond to reasonable requests from the Merchant regarding Website use, report any suspected security breaches or unauthorized use, and provide additional information as reasonably required to verify their identity.
The User is responsible for ensuring their systems meet the technical requirements for Website access, maintaining appropriate security measures on their devices, using supported and updated web browsers, and having adequate internet connectivity.
The User agrees to comply with all Website policies and guidelines.
The User shall not engage in any activity that could overburden the Website's infrastructure, collect or harvest any information without authorization, use the Website for any unlawful or unauthorized purpose, or attempt to probe, scan, or test the Website's vulnerability.
The User must promptly inform the Merchant in writing of any inaccuracies discovered in previously provided information, substantial changes to project requirements, or any circumstances that could affect the delivery of Services. Such notification should be made within five (5) business days of becoming aware of these changes or circumstances.

(2) The User acknowledges that delayed notification under paragraph (1) point 8. may impact project timelines and deliverables, and the Merchant reserves the right to adjust schedules and fees accordingly when such delays occur. For clarity, "substantial changes" means any modification materially altering the scope, nature, or complexity of the Services as originally agreed upon.

(3) Following paragraph (1 ) point 6., the company acknowledges its independent obligations under applicable data protection laws, and nothing in these Terms and Conditions shall be construed as transferring the company's legal obligations to the User or constituting consent for data processing activities. Such consent, where required by law, will be obtained separately and explicitly.

Section V - Liability

Art.8 (1) The Merchant is not liable if product inquiries cannot be processed or are declined due to technical specifications, manufacturing limitations, intellectual property issues, or other objective constraints. In these instances, the Merchant will promptly notify the inquiring party of the situation and offer suitable clarification when feasible.

(2) The Merchant assumes no liability for direct, indirect, incidental, or consequential damages that Users or third parties may incur due to Website access interruptions, technical issues, or inability to use specific features. This limitation applies unless in the event of an injury to life, limb or health or in the case of gross negligence on the Merchant’s part.

(3) The limitation under paragraph (2) extends to:

Technical malfunctions affecting User devices
Data transmission errors or losses
Software compatibility issues
Security-related incidents not directly attributable to Nissha's actions
Damages arising from reliance on technical documentation or product specifications, unless otherwise explicitly stated in these Terms and Conditions
Matters related to third-party websites linked from this Website.

(4) The limitation of liability under paragraph (2) and (3) do not apply to liability under data protection law, particularly the General Data Protection Regulation (GDPR). In accordance with Article 82 GDPR, the Merchant shall be liable for damage caused by processing that infringes the GDPR. The Merchant shall be exempt from this liability only in the specific circumstance outlined in Article 82(3) GDPR - if the Merchant proves that it is not in any way responsible for the event giving rise to the damage.

Art. 9 (1) The Merchant disclaims any liability about performance specifications or technical parameters not explicitly documented in the official product documentation or technical data sheets provided through authorized channels.

(2) No liability shall arise for any product applications or implementations that fall outside the scope of the intended use or exceed specified operational conditions as detailed in Nissha's technical documentation.

(3) The Merchant is not liable for any technical suggestions or preliminary guidance in general inquiry responses before formal engineering review and validation processes are completed.

(4) The Merchant is not responsible for the accuracy, completeness, or timeliness of third-party content available through the Website, including, but not limited to, technical articles, market analyses, industry reports, or external research materials.

(5) The Merchant disclaims all liability regarding the accuracy of marketing materials, technical presentations, and social media content not part of official product documentation or technical specifications.

(6) No liability shall be accepted for any implementation decisions, technical choices, or design selections made by Users based on preliminary technical discussions or general inquiries before entering into formal technical consultation agreements.

(7) The Merchant shall not be responsible for any damages arising from interpreting or applying technical information obtained through the Website without subsequent verification through proper technical channels.

(8) Paragraphs (1) to (7) apply unless in the event of an injury to life, limb or health or in the case of gross negligence on the Merchant’s part.

Art. 10 (1) The Merchant accepts liability for infringing third-party intellectual property rights, specifically our proprietary technologies and products.

(2) The Merchant shall be liable for material misrepresenting product specifications and performance parameters in official documentation.

(3) The Merchant is responsible for maintaining the confidentiality of technical information received through inquiry channels and protecting against the unauthorized disclosure of proprietary information shared by inquiring parties.

(4) The Merchant acknowledges liability for demonstrable violations of applicable industrial standards, regulatory requirements, and data protection laws.

Art. 11 (1) In cases where the Merchant's liability is established, compensation shall not exceed actual damages directly caused by the verified breach, and all claims must be submitted within applicable statutory periods.

(2) Technical consultation liability is strictly limited to documented official recommendations and formal engineering specifications.

(3) Any claims for damages related to product applications must be supported by clear evidence of direct causation, whereby the applicable statutory provisions on the distribution of the burden of proof must be observed.

(4) Any limitations made in this section on product liability only apply to the extent that they do not unduly restrict the Merchant's liability under German product liability law.

Section VI - Protection of personal data

Art.12 . (1) The Merchant shall take measures to protect the personal data of the User following Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals about the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR). The legal basis and purposes for the processing of personal data are described in detail in the Privacy Policy. These Terms and Conditions do not replace or imply effective consent given in accordance with the GDPR.

(2) The Merchant has made public the information concerning the personal data it processes and the purposes for which they are processed, and all information required under Regulation (EC) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals about the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) on the relevant page for this.

(3) The Merchant shall process third-party data for dealership purposes only with their explicit consent, which they may withdraw at any time.

Section VII - Changes to Terms and Conditions and Termination

Art. 13 (1) The Merchant may modify these Terms and Conditions at any time and will notify all Users through appropriate channels.

(2) Any changes to these Terms and Conditions will become effective through one of these methods, whichever occurs first:

Upon notification from the Merchant if the User accepts the changes.
After publication on the Website, if the User accepts the changes.

(3) The Merchant will communicate all amendments through the Website or social media channels.

Art. 14 (1) The legal relationship established by these Terms and Conditions may end under the following circumstances:

The Agreement terminates automatically if the Merchant enters liquidation or bankruptcy proceedings. It may also terminate by mutual written agreement or when either Party cannot fulfill its obligations.
Termination also occurs if government authorities seize or seal the Merchant's equipment or prohibit its commercial activities.
The Merchant may terminate individual Users' access for violating these Terms under the circumstances set out in Art. 4 paragraph (3).
Additionally, termination may occur in other situations specifically outlined in German or Japanese law. In particular, both the Merchant and the User may terminate the Agreement without prior notice at any time for good cause. The Merchant may exercise this right without having to compensate the terminated User.

Art. 15 (1) The Merchant reserves the right to modify or discontinue any aspect of the website without prior notice.

(2) The Merchant reserves the right to take appropriate legal action against violations, and cooperate with law enforcement investigations. The obligations under these Terms and Conditions apply to all Users regardless of their purpose in accessing the site. Violation of these obligations may result in immediate termination of access and potential legal consequences.

Section VIII - Final Provisions

Art.16 . (1) The present General Terms and Conditions regulate the legal relations between the Merchant and the Users. German law shall apply unless otherwise expressly agreed upon between the Parties.

(2) All disputes between the Parties shall be resolved in a spirit of understanding and goodwill. If no agreement is reached, the court of competent jurisdiction shall resolve all unresolved disputes arising from or relating to the Agreement between the Parties, including disputes arising from or relating to its interpretation, invalidity, performance, or termination.

Art. 17 (1) All Website content, including without limitation trademarks, logos, text, designs, and multimedia materials, is the Merchant's exclusive property or used under valid license agreements.

(2) The Merchant retains all intellectual property rights on the Website. Users may access and view content solely to evaluate potential business relationships with the Merchant.

(3) Users may not reproduce, modify, distribute, or exploit any Website content without the Merchant's written consent. Any unauthorized use constitutes intellectual property infringement and may result in legal action.

Art. 18 (1) Each Party shall protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. The Parties acknowledge that during their interaction through the Website and subsequent business relations, they may gain access to information of a confidential or proprietary nature.

(3) Confidential Information specifically encompasses all business strategies and development plans, technical documentation and specifications, pricing structures and policies, customer and prospect databases, marketing strategies, trade secrets, and any other information explicitly marked as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

(4) The Receiving Party of any Confidential Information agrees not to use such Confidential Information for any purpose except to evaluate and engage in discussions concerning potential business relationships between the Parties.

(5) The obligations of confidentiality under this Article do not apply to information that:

Was publicly known at the time of disclosure
Becomes publicly known through no fault of the Receiving Party
Was rightfully in the Receiving Party's possession prior to the disclosure
Is independently developed by the Receiving Party without the use of Confidential Information
Is required to be disclosed by law or governmental regulation.

(6) Upon the Merchant's written request, Users shall promptly return or destroy all documents and materials containing Confidential Information, including all copies, notes, or other reproductions.

(7) The confidentiality obligations set forth in this Article shall survive the termination or expiration of these Terms for a period of five (5) years from the date of last disclosure of Confidential Information.

(8) Users acknowledge that any breach of this confidentiality provision may result in immediate, irreparable harm to the Merchant for which monetary damages may not be adequate compensation. Therefore, the Merchant shall be entitled to seek injunctive relief and all other remedies available at law or in equity.

Art. 19 If any conflict exists between these Terms and Conditions and a separate written individual agreement between the Merchant and User, the separate written agreement shall prevail to the extent of such conflict.

Art. 20 If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect. The statutory provisions then apply instead of the invalid clause. However, if, despite the foregoing, adherence to the remaining Agreement would constitute an unreasonable hardship for one Party, the Agreement as a whole will be invalid.

Art. 21 (1) Neither Party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, provided that the affected Party:

Promptly notifies the other Party, and
Takes reasonable steps to minimize the impact and resumes performance as soon as practicable.

(2) Paragraph (1) applies unless in the event of an injury to life, limb or health or in the case of gross negligence on the Merchant’s part.

(3) If a force majeure event continues for more than 30 days, either Party may terminate these Terms and Conditions upon written notice.

Art. 22 (1) The parties recognize that formal litigation can be expensive and time-consuming. It is, therefore, advisable for the parties to engage in a structured dispute resolution process as set out in this Article before commencing any legal proceedings.

(2) As a first step, Parties shall attempt to resolve any dispute through structured negotiations. Senior representatives from each Party with authority to settle the dispute shall meet within 15 business days of a written dispute notice to conduct good-faith negotiations aimed at reaching a mutually acceptable resolution.

(3) If the dispute remains unresolved after 30 days of structured negotiations, the Parties shall proceed to mediation. The mediation shall be conducted:

In Germany: Under the German Mediation Act (Mediationsgesetz) and the Rules of the German Institution of Arbitration (DIS Mediation Rules), the mediation taking place in Frankfurt unless otherwise agreed.
In Japan: Under the Rules of the Japan Commercial Arbitration Association (JCAA) Mediation Rules, the mediation takes place in Tokyo unless otherwise agreed.

(4) The Parties shall jointly select a qualified mediator from the respective institution's panel of mediators within 10 business days of agreeing to mediate. If the Parties cannot agree on a mediator, the relevant institution shall make the appointment.

(5) The mediation shall be completed within 60 days of the mediator's appointment unless extended by mutual agreement. All Parties shall participate in good faith and share equally in the mediation costs unless otherwise agreed.

(7) Nothing in this Article shall prevent either Party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to protect its rights pending resolution through the agreed dispute resolution process.

(8) All negotiations, mediation proceedings, and communications related to the dispute resolution process shall be confidential and treated as compromise and settlement negotiations for purposes of the applicable rules of evidence.

(9) Any settlement reached through these alternative dispute resolution methods shall be documented in writing and binding on the Parties once authorized representatives of both Parties sign it.

Art. 23 These Terms and Conditions become effective on September 10, 2024, and supersede all previous versions.