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Terms & Conditions

1. Agreement to this Terms & Conditions

  • Users shall utilize the Site in accordance with the provisions of this Terms & Conditions (hereinafter referred to as "this T&C"), and may not use the Site if they do not agree to this T&C.

  • An agreement, the content of which is this T&C, shall be established between the User and the Company at the time the User completes the procedure for agreeing to this T&C using a smartphone or other information terminal to access the Site.

  • The Site only provides a venue for the User to enter into a Guide Service Contract (as defined in Article 2 of this T&C); the Company does not conclude the Guide Service Contract itself, nor does it act as an agent for the Seller (as defined in Article 2 of this T&C) in the conclusion of the Guide Service Contract. All Users shall conclude Guide Service Contracts with other Users at their own risk. The User agrees in advance that, except as otherwise stipulated in this T&C, the Company shall not be involved in the performance of obligations under the Guide Service Contract or its content, and shall not guarantee the content of the Guide Content, the payment of the Guide Fee, or any other matter related to the content or performance of the Guide Service Contract.

2. Definitions

In this T&C, the meanings of the terms listed in each of the following items shall be as prescribed in the respective items:

(1) "Guide Content" refers to the content of the product (service provision with guiding as the content) uploaded by the Seller on the Site.

(2) "Guide Service Contract" refers to an outsourced service agreement concluded between a Seller and a Purchaser, the content of which is that the Seller provides the content of the Guide Content to the Purchaser, and the Purchaser pays the Guide Fee to the Seller.

(3) "Seller" refers to a User who lists Guide Content for sale using the Site.

(4) "Guide Fee" refers to the selling price of the Guide Content determined by the Seller at the time of listing.

(5) "Purchaser" refers to a User who purchases Guide Content on the Site.

(6) "Personal Information" refers to personal information as defined in the Act on the Protection of Personal Information (Act No. 57 of 2003, including subsequent amendments).

(7) "Listing" refers to the state where the Seller posts the necessary information for the Guide Content on the Site, making it viewable by other Users.

(8) "Commission" refers to the fee paid by the Seller to the Company as consideration for the conclusion of the Guide Service Contract. The specific commission amount shall be posted in an appropriate place on the Site or the Company's website.

(9) "Matching" refers to the conclusion of the Guide Service Contract between the Seller and the Purchaser.

(10) "Request" refers to the act of a Purchaser applying for Matching regarding the selected Guide Content to the Seller of that Guide Content.

(11) "User" refers to all individuals and corporations that use the Site in Japan after creating an account on the Site.

3. Revision and Change of this T&C

  • The Company may, at its discretion, change or revise the contents of this T&C without prior notice to the User, except for matters otherwise stipulated in this T&C or by law.

  • Unless otherwise determined by the Company, the revised T&C shall take effect from the time it is posted on the Site.

4. Use by Minors

  • A minor cannot become a User.

  • If the User is a minor or is suspected of being one, the Company may contact the User or their legal representative to confirm their age.

  • If a minor becomes a User of the Site by falsifying their age or other means, and the User uses the Site after reaching the age of majority, the User shall be deemed to have ratified all legal acts concerning the Site.

5. User Registration

  1. When using the Site, the User shall register information about themselves specified by the Company, such as name, address, contact information (in the case of a corporation, corporate name, head office location, and contact information) (hereinafter, the registered information is referred to as "Registration Information" and this registration is referred to as "User Registration").

  2. When registering Registration Information, the User themselves shall provide the Company with true and accurate information. Furthermore, if any changes occur, the User shall immediately modify the Registration Information themselves.

  3. Users cannot perform multiple User Registrations.

  4. The Company may refuse User Registration if the person attempting to register falls under any of the following items: (1) The person attempting to register is a minor. (2) The registration violates Paragraph 3 of this Article. (3) The person has received measures such as suspension or restriction of use from the Company due to a violation of this T&C. (4) The Company determines that the person is likely to obstruct the use of the Site or cause harm to other Users. (5) It is found that the User falls under any of the following (hereinafter, those listed here are referred to as "Anti-Social Forces, etc."): a. Being a crime syndicate, a member of a crime syndicate, a person who has ceased to be a member of a crime syndicate for less than five years, a quasi-member of a crime syndicate, a crime syndicate-related company, a corporate racketeer (sokaiya), a group advocating social movements or political activities (tobogoro), a specialized intelligent violent group, or any other equivalent person (hereinafter collectively referred to as "Anti-Social Forces"). b. Having the following relationships with Anti-Social Forces: (i) A relationship recognized as utilizing Anti-Social Forces for the purpose of seeking unjust profit for oneself or a third party, or for the purpose of causing damage to a third party. (ii) A relationship recognized as cooperating in or being involved in the maintenance or operation of Anti-Social Forces, such as providing funds or other benefits to Anti-Social Forces. c. An officer (referring to a director, executive officer, auditor, advisor, chairman, or any other person substantially involved in management, regardless of title) is an Anti-Social Force or has a socially reprehensible relationship with Anti-Social Forces. (6) Any other person reasonably deemed inappropriate by the Company.

  5. The User represents and warrants that they do not fall under the category of Anti-Social Forces, etc., and will not fall under this category in the future.

  6. The User covenants not to engage in any of the following acts concerning this Agreement, whether by themselves or by using a third party: (1) Violent demands. (2) Unjust demands exceeding legal responsibility. (3) Threatening language or violent behavior related to a transaction. (4) Spreading rumors, using deception or force to obstruct the counterparty's business, or damaging their credibility. (5) Any other act equivalent to the preceding items.

  7. The Company shall be deemed to have adequately provided the services related to the Site to the User based on the Registration Information registered, corrected, or modified by the User.

  8. The User is obligated to manage the password and other necessary information for using the Site (hereinafter referred to as "Account Information"), in addition to the Registration Information, at their own responsibility. The User may not allow a third party to use, assign, sell, set up security interests, or otherwise dispose of the Account Information.

  9. Even if the User incurs damages due to false, erroneous, or missing content in the Registration Information, or due to the use or unauthorized access of Account Information by a third party, the User shall bear such damages, and the Company shall not be liable for any responsibility unless the Company has committed willful misconduct or gross negligence.

6. Handling of Registration Information

The Company shall appropriately handle the User's Registration Information, terminal information, and all other information collected from the User regarding the use of the Site in accordance with the Company's Privacy Policy.

7. Account Management

  • The User shall manage and store their Account (including its ID and password; the same shall apply hereinafter) at their own risk, and shall not allow a third party to use it, or lend, assign, change the name, sell, or otherwise cause a third party to use the User's Account.

  • If there is an error in the Registration Information, or if there is a change, the User shall promptly correct or change the Registration Information at their own risk, and shall constantly keep the Registration Information up-to-date.

  • The Company shall deem that the User registered as the holder of the relevant Account has used the Site.

  • If the User discovers that their Account has been stolen or is being used by a third party, the User shall immediately notify the Company and follow the Company's instructions.

  • The Company shall be deemed to have adequately provided the services related to the Site to the User based on the Registration Information registered, corrected, or modified by the User.

  • Even if the User incurs damages due to false, erroneous, or missing content in the User information, or due to the use or unauthorized access by a third party, the User shall bear such damages, and the Company shall not be liable for any responsibility.

8. Secrecy of Communications

The Company shall protect the secrecy of the User's communications based on Article 4 of the Telecommunications Business Act. However, if any of the following items apply, the Company may view information related to the secrecy of the User's communications or disclose it to a third party within a necessary and reasonable scope:

(1) When compulsory disposition or a court order is issued based on the provisions of the Code of Criminal Procedure or the Act on Interception of Communications for Criminal Investigation.

(2) When administrative disposition is issued based on laws and regulations.

(3) When the Company determines that the requirements for a disclosure request based on Article 5 of the Act on the Limitation of Liability of Specified Telecommunications Service Providers and the Disclosure of Sender Information are met.

(4) When the Company determines that it is necessary to protect the life, body, or property of a person. (5) When the Company determines that it is unavoidable for the necessary operation of the Site.

(6) When the consent of the User has been obtained.

9. Termination of Site Use

  • The User may terminate the use of the Site by deleting their User Registration or by other methods prescribed by the Company. A User who has terminated the use of the Site will not be able to use the Site from the time of termination.

  • Regardless of the reason, including accidental deletion of User Registration, the User agrees in advance that when they lose the right to use the Site, they will no longer be able to use their account, transaction history, information acquired on the Site, and all other information accumulated on the Site.

  • Even after the termination of the use of the Site, the User shall not be relieved of any obligations and debts under this T&C (including, but not limited to, liability for damages) owed to the Company, other Users, and third parties.

  • Even after the User terminates the use of the Site, the Company may retain and use the information provided by the User to the Company.

  • The Company may, at its discretion, delete the Registration Information and Account Information of a User without prior notice if a period determined by the Company has elapsed since the final access.

10. Change, Interruption, Termination, etc., of Site Content

  • The Company may, without prior notice to the User, change or add all or part of the content of the Site.

  • The Company may, at its discretion, terminate the provision of the Site by notifying the User in advance by posting on the Site (or on the website operated by the Company) or by any other method deemed appropriate by the Company.

  • The Company may temporarily interrupt all or part of the services on the Site without prior notice to the User if any of the following reasons occur:
    (1) When conservation, inspection, maintenance, repair, or modification regarding the communication equipment, facilities, etc. (including the building housing them) used for the Site is carried out periodically or urgently.
    (2) When the system is overloaded due to excessive access or other unforeseen factors.
    (3) When it becomes necessary to ensure the security of the User.
    (4) When a failure or malfunction occurs in servers, communication lines, or other equipment, or when telecommunication carrier services are not provided.
    (5) When the Site cannot be provided due to a natural disaster such as an earthquake, volcanic eruption, flood, tsunami, fire, power outage, other unexpected accident, or force majeure such as war, conflict, civil unrest, riot, or labor dispute.
    (6) When the operation of the Site becomes impossible due to laws and regulations or measures based on them.
    (7) Other cases deemed necessary by the Company.

  • The Company shall not be liable for any damages incurred by the User due to measures taken by the Company based on this Article, unless the Company has committed willful misconduct or gross negligence.

11. Measures Against Violation of this T&C, etc.

  • If the Company determines that a User falls under any of the following items or is likely to fall under any of them, the Company may, at its discretion and without any notification, take measures against the User, such as the deletion of all or part of the Guide Content, User-posted content, or other information, temporary suspension or restriction of the use of the Site, or deletion of the account (hereinafter referred to as "Suspension of Use, etc."):
    (1) When violating laws and regulations or any provision of this T&C.
    (2) When registering User information by falsely representing one's age despite being a minor.
    (3) When the Seller, intentionally or negligently, lists Guide Content containing content prohibited in Article 14 (Seller's Obligations), Paragraph 2.
    (4) When performing inappropriate actions towards other Users or third parties.
    (5) When all or part of the Guide Content, posted content, or other information posted by the User constitutes information that slanders the Company, other Users, or third parties (hereinafter referred to as "the Company, etc." in this Article), information that damages the credibility or reputation of the Company, etc., information that causes discomfort to the Company, etc., or information that exceeds the bounds of ordinary criticism.
    (6) When there are false facts in all or part of the information provided to the Company.
    (7) When the User's actions infringe upon the rights of a third party.
    (8) When falling into a state of payment suspension or insolvency, or when a bill or check is dishonored even once.
    (9) When the User themselves files a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings, or when such a petition is filed by a third party, or when preparations for these begin. (10) When the User dies.
    (11) When the User is an adult ward, a person under curatorship, or a person under assistance, and has not obtained the necessary consent from the legally required legal representative, guardian, curator, or assistant.
    (12) When there is no response from the User within the period specified by the Company to an inquiry or other communication seeking a response from the Company.
    (13) When it is necessary for the operation and maintenance management of the Site.
    (14) Other cases similar to the preceding items.

  • Even after Suspension of Use, etc., the User shall not be relieved of any obligations and debts under this T&C (including, but not limited to, liability for damages) owed to the Company and third parties.

  • The Company shall not be liable for any damages or disadvantages incurred by the User due to actions taken by the Company based on this Article, unless the Company has committed willful misconduct or gross negligence.

  • Even after Suspension of Use, etc., the Company may retain and use the information provided by the User to the Company.

  • If the Company determines that the User falls under any of the items in Paragraph 1 or is likely to fall under any of them, or in other cases deemed necessary by the Company, the Company may request the User to cease the violating act, or voluntarily delete or correct the transmitted or posted information, and the User shall comply with such request within the period specified by the Company.

12. Matching and Performance of Obligations

  • A User who intends to make a purchase shall make a Request for Matching to the Seller with the intention of contracting, following the procedures specified by the Company. A User who intends to make a purchase may not make a Request for Matching without the intention to match, or a Request for Matching determined by the Company to be for nuisance purposes.

  • The Seller may withdraw the listed Guide Content by the procedure specified by the Company until Matching is concluded.

  • Matching shall be concluded when the Purchaser makes a Request for Matching to the Seller by the method specified by the Company, and the Seller accepts it.

  • When Matching is concluded, the Purchaser shall pay the Guide Fee to the Company by the method specified by the Company, and upon this payment, the Purchaser's payment of the Guide Fee to the Seller shall be completed. The Purchaser cannot receive the provision of the Guide Content from the Seller until the Guide Fee is paid to the Company.

  • The Seller shall pre-authorize the Company to receive the Guide Fee, which the Purchaser owes to the Seller.

  • The Company shall pay the Seller the amount of the Guide Fee minus the Commission by the end of the month following the month in which the Seller provided the Guide Content (however, within 60 days if it exceeds 60 days).

  • The Company shall not be responsible for any damages incurred by the User and third parties due to the User's order, purchase, acceptance, etc. Furthermore, the Company shall not be responsible for any damages incurred by the Purchaser regarding the payment of the Guide Fee due to inaccurate input information, etc.

13. Cancellation

  • After Matching, cancellation shall not be permitted except in the event of an agreement between the Seller and the Purchaser.

  • Even if a dispute arises regarding the Guide Content, payment of the Guide Fee, or other matters, it shall be resolved between the Seller and the Purchaser. However, the Company may, at its discretion, voluntarily join the consultation.

14. Seller's Obligations

  • When the Seller lists Guide Content on the Site, they shall do so in accordance with the procedures specified by the Company. At this time, the Seller shall clearly state the specific content of the Guide Content, the Guide Fee, the date and time the Guide Content is to be provided, the meeting place, the schedule of the Guide Content, and other necessary matters specified by the Company.

  • The Seller shall not list Guide Content that falls under any of the following items: (1) Content that includes violence, obscene acts (including sexual acts and acts that are socially considered to stimulate sexual desire and arousal), or other criminal acts (regardless of the consent of the Seller and the Purchaser). (2) Content that the Company determines is intended for encounters with an unfamiliar third party, regardless of gender. (3) Content that includes acts that induce, solicit, or promote suicide or self-harm. (4) Content that includes information about the sale of drugs/dangerous drugs or acts that promote the inappropriate use of drugs/dangerous drugs. (5) Content that includes political and religious activities, and acts that solicit them (however, regarding religious activities, excluding acts that are secularized in Japan, such as visiting temples and shrines, from a social common sense perspective). (6) Content that the Company determines is likely to solicit multi-level marketing schemes or network business related activities. (7) Content that the Company determines includes acts that endanger life and body. (8) Content that the Company determines is offensive to public order and morals. (9) Content that performs acts prohibited by law. (10) Content that is inappropriate as a guide service. (11) Content that the Company reasonably deems inappropriate. (12) Content that includes other acts equivalent to the preceding items.

  • When listing Guide Content, the Seller shall not engage in listing without a genuine intention to provide, listing that may prevent the Guide Content from being correctly understood solely based on the information provided, or listing without sufficient explanation about the Guide Content, etc. Furthermore, the Seller shall not post images that are unrelated to the Guide Content or that may cause misunderstanding about the Guide Content.

  • When providing Guide Content, the Seller shall comply with laws and regulations.

  • The Seller cannot list Guide Content intended for sale only to another specific User.

  • When providing the Guide Content, the Seller must use public transportation and shall not travel by other organizations, operators, or by driving themselves.

  • If the Company discovers Guide Content that violates this T&C or is deemed inappropriate based on reasonable grounds, the Company may, at its discretion, suspend the listing of the Guide Content and request the Seller to correct or delete the Guide Content, and the Seller shall immediately follow the instruction.

  • If the Seller fails to take measures based on the preceding paragraph, the Company may take the measures specified in Article 11 (Measures Against Violation of this T&C, etc.), Paragraph 1 against the Seller. In this case, the provisions of Article 11 (Measures Against Violation of this T&C, etc.) shall apply mutatis mutandis.

  • Even if the User suffers damage due to the provisions of this Article, the Company shall not be liable unless the Company has committed willful misconduct or gross negligence.

15. Purchaser's Payment Delay

If the Purchaser fails to pay the Guide Fee by the specified due date or fails to make the necessary payment of the Guide Fee in accordance with this T&C, the Company may take the measures specified in Article 11 (Measures Against Violation of this T&C, etc.), Paragraph 1 against the Purchaser. In this case, the provisions of Article 11 (Measures Against Violation of this T&C, etc.) shall apply mutatis mutandis.

16. Evaluation of Guide Content

  • After the performance of the Guide Service Contract is completed, the Purchaser may write an evaluation of the guide at the time and by the method specified by the Company.

  • The Purchaser shall not state false facts when evaluating the Guide Content.

  • The Company shall not bear any responsibility or duty of action regarding the damage to the credibility or reputation of the User due to the evaluation of the Guide Content.

17. Cancellation of Guide Service Contract by the Company

  • Even if a Guide Service Contract has been concluded, the Company may cancel the Guide Service Contract if any of the following items apply, or if the Company reasonably determines that they have applied: (1) When the Purchaser fails to pay the Guide Fee or delays payment. (2) When the Seller fails to provide the Guide Content. (3) When the performance of obligations under the Guide Service Contract becomes impossible due to the restriction or temporary suspension of the use of the Site, or the deletion of the account, by the Seller or the Purchaser. (4) When the Guide Content falls under any of the items in Article 14 (Seller's Obligations, etc.), Paragraph 2. (5) Other cases deemed necessary by the Company for the appropriate operation of the Site.

  • If the Guide Service Contract is canceled pursuant to the provisions of the preceding paragraph, the Purchaser and the Seller shall perform all acts necessary to restore the original condition before the Guide Service Contract, such as the return of the Guide Fee.

18. Commission

If Matching is concluded, the Seller shall pay the Company a Commission of 15% (including consumption tax) of the Guide Fee (including consumption tax). The method of payment of the Commission shall be as stipulated in Article 12 (Matching and Performance of Obligations), Paragraph 6.

19. Guide Content

  • The Seller represents and warrants to the Company that they have the lawful right to post, upload, store, and transmit the Guide Content (hereinafter referred to as "Posting, etc."), and that the Guide Content does not infringe upon the intellectual property rights (including copyrights, patent rights, utility model rights, trademark rights, design rights (including the right to acquire these rights or file applications for registration of these rights), or ideas, know-how, etc.; the same shall apply hereinafter), portrait rights, publicity rights, ownership rights, or other rights of any third party.

  • The copyright regarding the Guide Content Posted, etc. by the Seller on the Site shall be reserved by the Seller who performed the Posting, etc., and the Company shall not acquire the copyright regarding the Guide Content. However, the Company and persons designated by the Company may, free of charge, indefinitely, and without geographical restriction, reproduce, adapt, perform public transmission automatically, and enable transmission necessary for that purpose, the Guide Content within the scope necessary for the provision, maintenance, and improvement of the Site or for advertising and promotion of the Site.

  • The Seller shall not exercise moral rights of authors against the Company and those who have succeeded to or been licensed the rights from the Company.

  • The Company does not check and makes no guarantee whatsoever regarding the content, quality, accuracy, legality, usefulness, benefit, etc. of the Guide Content uploaded by the Seller.

  • The Seller shall back up the Guide Content at their own expense and responsibility, and the Company shall not be obligated to back up the Guide Content.

  • The User may utilize the intellectual property rights Posted, etc. by the Company or the Seller only within the scope of using the Site, and shall not use it for any other purpose.

20. Attribution of Rights

  1. All intellectual property rights concerning the Site and the content within the Site belong to the Company or to those who have licensed the rights to the Company.

  2. The Company grants the User permission to use all provided content that the Company offers through the Site only within the scope of using the Site. However, the Company does not assign ownership-like rights that the User can freely use, profit from, or dispose of, nor does it grant such rights.

  3. The User agrees not to claim any refund or compensation regarding any content provided by the Company.

  4. The Company will not assign or permit the use of trademarks, logos, and service marks displayed on the Site to the Seller, the User, or any other third party.

21. Prohibited Acts

When using the Site, the User shall not, by themselves or by a third party, perform or be likely to perform any act that falls under any of the following items:

(1) Acts that violate laws and regulations, court judgments, decisions, or orders, or legally binding administrative measures, or acts that promote them.

(2) Fraud or intimidation against the Company, the Seller, other Users, or other third parties.

(3) Acts that violate public order and morals, or harm good customs.

(4) Acts that infringe upon the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users, or other third parties.

(5) Acts that induce malfunction of the Site.

(6) Acts of utilizing a bug not normally intended by the Site, or utilizing, creating, or distributing an external tool that has an effect not normally intended.

(7) Acts that place an excessive load on the Site or the Company's servers, etc.

(8) Acts of lending, assigning, selling, etc., the account or content on the Site to a third party for value, whether inside or outside the Site.

(9) All preparatory acts, including soliciting, applying for, or accepting the acts specified in the preceding item.

(10) Acts of using the Site while walking, driving a vehicle, or in any other situation or manner where the use of the Site is inappropriate.

(11) Acts of transmitting or posting information on the Site that falls under or is determined by the Company to fall under any of the following: a. Information that infringes upon the copyright or other intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users, or third parties. b. Information including Personal Information that can identify a User (except when required for User Registration or requested by the Company, or otherwise approved by the Company). c. Information including obscene expressions (meaning expressions that the Company determines suggest sexual matters, regardless of artistic merit). d. Information aimed at encounters with an unfamiliar third party, regardless of gender, or obscene acts, etc. e. Information including expressions that induce, solicit, or promote suicide or self-harm. f. Information about the sale of drugs/dangerous drugs or information including expressions that promote the inappropriate use of drugs/dangerous drugs. g. Information related to the propaganda or advertisement of religious acts, religious organizations, political activities, or political organizations. h. Information related to solicitations for multi-level marketing schemes or network businesses. i. Information containing text equivalent to spam email. j. Information that may negatively affect minors. k. Information with cruel expressions or other information that may cause discomfort to others. l. Information that disseminates harmful programs suchs as computer viruses. m. Other information deemed inappropriate by the Company. (12) Acts aimed at gaining profit by methods not intended by the Site, such as holding events or selling goods related to the Site, whether inside or outside the Site. (13) Acts of disassembling, decompiling, reverse engineering, or otherwise analyzing the source code of the Site. (14) Acts of unauthorized access to the system connected to the Site, or unauthorized rewriting or erasure of information stored in the Company's facilities. (15) Acts of duplicating, transmitting, assigning, lending, or modifying the Site. (16) Acts of intentionally publishing or posting false data, etc. (17) Acts of registering unauthorized location information. (18) Acts aimed at collecting information about the Company or other Users. (19) Acts of impersonating the Company or other Users or other third parties. (20) Acts of using the account of another User. (21) Propaganda, advertisement, or solicitation for products or services other than the Guide Content, or other transactions, on the Site. (22) Acts of providing benefits to Anti-Social Forces. (23) Acts that violate the purpose or objective of this T&C and the Site. (24) Acts of the Seller selling a different Guide Content to the Purchaser without going through the Site. (25) Other acts deemed inappropriate by the Company.

22. Resolution of Disputes

  • Even if a dispute arises between Users, or between a User and a third party, regarding the use of the Site, the Company shall not be involved in the dispute, and the Users shall resolve the dispute at their own expense and responsibility, and the Company shall not be liable for any disadvantages or damages arising from such dispute.

  • If the Company suffers damage due to the dispute in the preceding paragraph, the User shall compensate the Company for all such damages.

23. Reporting Illegal Posts

  1. If a User determines that the Guide Content of another Seller infringes upon their own rights or the rights of a third party, the User may notify the Company in accordance with the method prescribed by the Company.

  2. When the Company receives a notification based on the provision of the preceding paragraph, the Company may, based on its discretion, confirm whether the content of the notification is true and take the measures specified in Article 11 (Measures Against Violation of this T&C, etc.), Paragraph 1 against the Seller who posted the Guide Content that is the subject of the notification, without any notification to the Seller.

  3. The provisions of the preceding two paragraphs shall not impose an obligation on the Company to respond to notifications from Users.

24. Damages

  • If the Company incurs direct or indirect damage due to a User's violation of this T&C or any other act related to the use of the Site (including cases where the Company receives a claim for damages or other claims from a third party due to such act), the User shall compensate the Company for all such damages (including expert fees such as attorney's fees and the equivalent amount of personnel expenses required for the Company's response).

  • If the User incurs damage due to the Company's non-performance of obligations or tort related to the use of the Site, the Company shall be liable for damages only up to the amount of ordinary damages (excluding lost profits and other damages arising from special circumstances), except in cases of willful misconduct or gross negligence on the part of the Company.

25. Prohibition of Direct Sales

If the Seller sells a different Guide Content to the Purchaser without going through the Site, the Company may claim a commission against the Seller equal to double the amount of the commission that the Company should have received from the sale of the Guide Content.

26. Insurance Enrollment

If Matching is concluded, the User shall enroll in the insurance of the method and content specified by the Company.

27. Confidentiality

  • The User shall not leak or disclose to a third party any information of other Users (including, but not limited to, Personal Information) known or learned through the use of the Site, and shall not use it for any purpose other than the performance of the transaction, and shall use it only for the purpose of performing the Guide Service Contract.

  • The User shall treat any information designated as confidential by the Company in connection with the Site as confidential. However, this shall not apply if there is prior written consent from the Company.

  • The User shall, whenever requested by the Company, promptly return or dispose of the information in the preceding paragraph and any documents or other recording media on which the information is described or recorded, as well as all copies thereof, in accordance with the Company's instructions. When requested by the Company, the User shall promptly submit a document certifying that the User's obligation to return or dispose has been fulfilled, to the Company by the method specified by the Company.

  • This Article shall remain in effect even after the User terminates the use of the Site, such as by deleting the User Registration.

28. Disclaimer of Warranties and Limitation of Liability

  • The Company makes no warranties whatsoever regarding the Site, the content provided through the Site, and all other information, including that there are no bugs, errors, defects, or security flaws, that they do not infringe upon the rights of third parties, that they possess the expected qualities and commercial value for the User, and that they comply with applicable laws or internal rules, etc., for the User.

  • The User shall acknowledge in advance that the Company does not guarantee that the Site is compatible with all information terminals, and that problems may arise in the operation of the Site due to OS version upgrades, etc., of the information terminal used for the Site. The Company does not guarantee that such problems will be resolved by program corrections or other measures taken by the Company when such problems occur.

  • The Company shall not be liable for any damages incurred by the User due to the provisions of this Article, unless the Company has committed willful misconduct or gross negligence.

29. Use of External Services

  • When using external services such as Facebook, Twitter, Instagram, etc., in using the Site, the User shall comply with this T&C and the terms of use and other conditions stipulated by the external service (including the revised conditions if the terms of use, etc., are changed).

  • The Company makes no warranties whatsoever regarding the external service, including that there are no errors, bugs, defects, or security flaws, that they do not infringe upon the rights of third parties, that they possess the expected qualities and commercial value for the User, and that they comply with applicable laws or internal rules, etc., for the User.

30. Contact Methods

  1. When the Company contacts the User regarding the Site, the Company shall do so by posting on the Site or an appropriate place within the website operated by the Company, or by sending an electronic email, or by any other method deemed appropriate by the Company, unless otherwise specified.

  2. When the Company makes a notification by electronic email, the notification from the Company shall be deemed to have arrived at the time the email would normally arrive, by sending an email to the email address registered by the User.

  3. Inquiries regarding the Site and other communications or notifications from the User to the Company shall be made by submitting to the inquiry form located in an appropriate place within the website operated by the Company, or by any other method specified by the Company.

31. Prohibition of Assignment of Rights and Obligations

  • The User shall not assign, succeed to, set up security interests on, or otherwise dispose of their rights or obligations under this T&C, or their status under this T&C, to a third party. However, this shall not apply if there is prior written consent from the Company.

  • The User shall not assign, succeed to, set up security interests on, or otherwise dispose of their rights or obligations under the Guide Service Contract, or their status under the Guide Service Contract, to a third party.

32. Handling in Case of Business Transfer

When the Company transfers the Site or the business related to the Site to a third party (including business transfer, merger, company split, or any other act that transfers the entity providing the Site), the Company may transfer its status, rights, and obligations under this T&C, as well as the Registration Information and other User information, to the transferee of such transfer, etc. The User shall consent to such transfer, etc., in this Article in advance.

33. Severability

  • Even if any provision of this T&C or part thereof is determined to be invalid or unenforceable, such determination shall not affect the other parts, and the remainder of this T&C shall continue to be valid and enforceable. The Company and the User shall strive to secure effects equivalent to those of the invalid or unenforceable provision or part, in accordance with the intent of the said provision or part, and agree to be bound by the corrected T&C.

  • Even if any provision of this T&C or part thereof is determined to be invalid or unenforceable with respect to a certain User, its validity, etc., in relation to other Users shall not be affected.

34. Governing Law

Any dispute arising concerning this T&C shall be governed by and construed in accordance with the laws of Japan.

35. Consultation

The Company and the User shall resolve any doubts regarding the interpretation of the provisions of this Agreement or matters not stipulated herein through consultation in good faith and sincerity.

36. Agreed Jurisdiction

The court having jurisdiction over the location of the Company's head office shall be the exclusive agreement jurisdictional court for all disputes arising from or related to the Site or this T&C.

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much much more. 

 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.

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