Article 1 (Applicability)
- The Wa-Oh! Japan Experience+ User Agreement (henceforth, “User Agreement”) specifies the rights and obligations of individual persons and corporations using the local experience sightseeing matching platform service (henceforth, “Service”) provided by Gaiax Co., Ltd. (henceforth, “Company”) on the “Wow! JAPAN Experience+” internet site provided by NTT DOCOMO, Inc. (refers to the site displayed at https://exp.wow-j.com, henceforth “Site”), and the Company.
- Individuals and corporations using this Service shall be deemed to have provided advance consent regarding the applicability of this Agreement.
- The Company shall consider rules pertaining to this Service posted on the Site as also constituting a portion of this Agreement.
- In the event the content of this Agreement differs from any of the rules etc. in the previous Paragraph, the specifications in this Agreement shall take precedence.
Article 2 (Definitions)
Terms used in this Agreement shall be defined as follows:
- “Service Use Agreement” refers to the use agreement for this Service based on the Agreement between the Company and individuals/corporations using this Service.
- “Host” refers to individuals or corporations who post region-specific Experience Plans (henceforth, “Travel Experiences,” defined in (4)) on the Site to seek participants.
- “Guest” refers to individuals or corporations who apply for Travel Experiences on the Site.
- “Travel Experiences” refer to Experience Plans that consist of regional experiences planned by the Host. In addition, the details of Travel Experiences are posted on the Site to seek Guests.
- “Transaction” refers to the contract between the Host and Guest for the purpose of using a Travel Experience.
- “Intellectual Property Rights” refer to copyrights (including rights specified in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights (including acquiring those rights, or the right to apply for the registration of those rights), and technical knowledge.
Article 3 (Host or Guest Usage Registration)
- Persons wishing to use the Service as a Host or Guest may apply to the Company for usage registration of this Service by consenting to abide by the Agreement and providing specific information prescribed by the Company in the manner prescribed by the Company.
- The Company shall determine whether to authorize the registration of persons desiring registration (henceforth, “Applicants for Registration”) who applied for registration in accordance with the previous Paragraph, and notification shall be made to Applicants for Registration when the Company authorizes their registration, and registration shall be deemed complete upon issuance of said notification.
- The Company may deny registration when the Applicant for Registration meets any of the conditions below, and the Company shall have no obligation to disclose the reason for denial:
- (1)When there are, in whole or in part, falsifications, errors, or omissions in the registration information provided to the Company.
- (2)When the applicant is a minor, an adult ward, person under curatorship, or a person subject to limited guardianship and has not obtained the consent of their legal representative, guardian, curator, or limited guardian.
- (3)When the Company deems the applicant an antisocial force (refers to organized crime organizations, members of organized crime organizations, associate members of organized crime organizations, corporations affiliated with organized crime organizations, and all other such persons), or the applicant utilizes antisocial forces or has societally unacceptable relations with antisocial forces that provide funding or assistance to antisocial forces.
- (4)When the Company has determined that the Applicant for Registration has previously violated a contract with the Company or has a relationship to such a person.
- (5)When the Applicant for Registration has previously had their registration deleted by the Company.
- (6)Any other cases the Company deems unacceptable.
- Upon completion of the registration in Paragraph 2 of this Article, a Service User Agreement shall come into force between the Company and the Applicant for Registration. Upon completion of registration, the Applicant for Registration shall be able to use the Site to post Travel Experiences on the Site, and apply for Travel Experiences, etc. as a Host or Guest.
Article 4 (Change in Registration Information)
Whenever there are changes in the registered information, Hosts and Guests shall notify the Company immediately in the manner prescribed by the Company.
Article 5 (Prohibitions)
Hosts and Guests are prohibited from engaging in the actions corresponding to the following items, or those actions the Company deems to correspond to said items when using this Service.
- Actions in violation of the law, or actions related to criminal acts
- Actions that defraud or threaten the Company, Hosts or Guests using this Service, or any other third parties
- Actions that violate public order and standards of decency
- Actions that infringe upon the intellectual property rights, portrait rights, privacy rights, reputation, and all other rights and interests of the Company, the Hosts and Guests on this Service, and all other third parties
- Actions where Guests are sought for planned Travel Experiences including lodging or transportation without obtaining registrations required by the Travel Agency Act
- Actions where Guests are sought for planned Travel Experiences on this Service that violate relevant industry laws, such as the Travel Agency Act or the Inns and Hotels Act
- Actions where Guests are sought for planned Travel Experiences using advertising, labelling, or contract terms that violate relevant laws such as the Consumer Contract Act, the Specified Commercial Transactions Act in the Travel Experiences for which applications are being solicited via this Service
- Actions where there are direct transactions between Hosts and Guests without using the Service provided by the Company
- Actions which impose an excessive burden on the network for this Service or system
- Actions that threaten to disrupt the operation of this Service
- Actions where the Company’s network or systems are illegally accessed, or attempts at illegal access
- Actions where one assumes the identity of a third party
- Acts of promotion, advertising, solicitation, or sales using this Service without the Company’s consent
- Actions that are disadvantageous, damaging, or cause discomfort to other Hosts or Guests using this Service, or any other third parties
- Providing benefit to antisocial forces
- Acts for the purpose of meeting unacquainted members of the opposite sex
- All other acts deemed inappropriate by the Company
Article 6 (Suspension or Interruption of Service)
- The Company may suspend or interrupt, in whole or in part, this Service without prior notice to Hosts and Guests in any of the following circumstances:
- (1)When emergency inspection or maintenance work is performed on the Service’s computer system software
- (2)When the computer software system for the Service or telecommunications network is suspended due to an accident
- (3)When the Service cannot be operated due to earthquakes, fires, electrical power outages, warfare, riots, and any other acts of God beyond rational control
- (4)Any other cases when the Company deems suspension or interruption necessary
- The Company shall not be liable for any damages or losses incurred by Hosts or Guests due to an interruption of this Service in accordance with this Article.
Article 7 (Vested Rights)
- All intellectual property rights related to this Service are vested in the Company or those who have granted a license to the Company, and Hosts and Guests shall agree in advance that permission to use this Service based on the Agreement does not constitute permission to use the relevant intellectual property rights.
- Hosts and Guests shall attest and guarantee to the Company that they possess the lawful rights pertaining to the submission and all other transmissions of information and comments, etc. posted on this Service and that the posted information does not infringe on the rights of third parties.
- Hosts and Guests shall, in regards to the intellectual property rights of the posted information, grant a license to the Company that is non-exclusive, free, sub-licensable and permits assignable use, for the reproduction and distribution, and the creation, display and execution of derivative work.
- Hosts and Guests shall agree in advance that they will not exercise their author’s moral rights against the Company or anyone who has succeeded the rights from the Company, or who has been licensed rights by the Company.
Article 8 (Usage Suspension, Deregistration, Termination of Usage Contract)
- The Company may temporarily suspend usage of the Service as a Host or Guest, deregister, or terminate the usage contract without prior notice or warning when a Host or Guest corresponds to any of the following items, or the Company has determined that a Host or Guest corresponds to any of the following items:
- (1)When any Article or Paragraph of this Agreement has been violated
- (2)When it has been determined that there are falsifications in the registered information
- (3)When there has been a suspension in payments or there is an inability to pay, or the commencement of bankruptcy proceedings, commencement of corporate rehabilitation proceedings, commencement of special liquidation, or an application to commence these proceedings
- (4)When the Service has not been used for six months or more
- (5)When there has been no reply in seven days to inquiries and all other communications from the Company requiring a reply
- (6)Conditions satisfying any of the Items in Article 3 Paragraph 3
- (7)All other situations where the Company determines that usage of the Service, registration as a Host, or continuation of registration or the Service Use Agreement is not appropriate
- When a Host or Guest falls under any of the circumstances listed in the preceding Paragraph and has incurred a financial obligation to the Company, all benefits of time shall naturally be forfeited and all financial obligations to the Company must be immediately paid.
- The Company shall bear no responsibility whatsoever for any damages or losses incurred by Hosts or Guests due to actions taken by the Company based on this Article.
Article 9 (Resignation of Membership)
- Hosts and Guests may resign their membership and deregister from the Service following the procedures prescribed by the Company.
- In the event there is an outstanding financial obligation at the time of resignation, Hosts and Guests shall forfeit all benefits of time for the outstanding financial obligation, and all financial obligations to the Company must be immediately paid.
Article 10 (Modifications to/Discontinuation of Service Content)
- The Company shall be able to, at its convenience, make modifications to the content of the Service, or discontinue its provision. The Company shall provide at least one month’s prior notice to Hosts and Guests when discontinuing the provision of the Service.
- The Company shall assume no responsibility whatsoever for damages incurred by Hosts and Guests based on the measures taken by the Company based on this Article.
Article 11 (Disclaimer/Limitation of Liability)
- The Company shall not, regarding the provision of the Service, bear no obligation whatsoever to provide compensation for damages incurred by Hosts or Guests under any circumstances, including but not necessarily limited to the situations specified below:
- (1)Conflict between Hosts, Guests and third parties regarding the use of the Service, or the possibility thereof
- (2)Disruption in internet connectivity due to problems with the internet connection service, or the possibility thereof
- (3)Problems with electrical power or telecommunication services on the part of electrical power and telecommunications service providers, or the possibility thereof
- (4)Aside from the aforementioned items, circumstances beyond reasonable control (including, but not necessarily limited to, fires, electrical power outages, hacking, computer virus attacks, earthquakes, floods, warfare, embargoes, labor strikes, riots, inability to secure materials or transportation facilities, malicious attacks to the server by third parties where the server is housed, or interventions by governmental authorities) resulting in delays, interruptions, or stoppages of the execution of Service provision, or the possibility thereof
- The Company shall provide a reservation platform for Travel Experiences using the Service, and is not the entity responsible for Travel Experience reservations, or for transactions that take place after. The Company shall assume no responsibility whatsoever for disputes that occur between the parties involved in the Travel Experience reservation or transaction.
- The Company shall provide no warranty regarding the veracity, currency, reliability, or utility, etc. of information or advice provided by the Host, nor whether the Travel Experience planned by the Host conforms to applicable laws or the internal regulations of industry organizations, etc.
- The Company shall be in no way obligated to provide compensation for damages incurred by Hosts or Guests due to interruptions, suspensions, discontinuations, usage failures, or changes to the provision of the Service, deletions or losses of notifications to the Hosts or Guests by the Company, loss of data or malfunctions or damage to equipment due to using the Service.
- Irrespective of the previous paragraphs, even in cases where the Company is liable, the Company shall not be liable to provide compensation for total monetary amounts that exceed the Service user fees paid to the Company by Hosts in the past six months, also, the Company shall not be liable to provide compensation for damages related to incidental damages, indirect damages, extraordinary damages, future damages and lost profits.
Article 12 (Nondisclosure)
Hosts and Guests shall, except in cases where the Company has provided express written consent, handle in a confidential manner non-public knowledge pertaining to the Service disclosed by the Company with the expectation that it be handled confidentially.
Article 13 (Protection of Personal Information)
- The Company shall use information provided by Hosts and Guests for the use of this Service and for notifications from the Company accompanying the use of this Service.
- Hosts and Guests shall consent in advance that the Company may transmit information regarding Hosts and Guests to the counter party of the reservation or transaction to the extent required to establish reservations/transactions for Travel Experiences using this Site.
- The Company shall be able to process the information provided by the Hosts and Guests as statistical information in a manner where individuals cannot be identified and use this information at its discretion.
Article 14 (Modifications to this Agreement)
The Company shall be able to modify this Agreement. When the Company modifies this Agreement, the Company will display the modified Agreement on the Site, and the modified Agreement will come into force after seven days have elapsed since its display.
Article 15 (Notifications)
Inquiries about this Service, and all other contacts or notifications from Hosts and Guests to the Company, notification of changes to this Agreement, or any other contact or notification from the Company to Hosts and Guests shall be via posts to the Site, or electronic mail.
Article 16 (Conveyance of Status)
- Hosts and Guests, except in instances where express written consent has been obtained from the Company, shall not be able to convey, transfer, establish as collateral, or otherwise dispose of their status in the Service Use Agreement, or their rights or obligations, to a third party.
- The Company shall be able to, in situations where it transfers a business related to this Service to another company, or transfers it via a corporate split (henceforth, “business transfer, etc.”), transfer the status of the Service Use Agreement, the rights and obligations under this Agreement, Host and Guest information, and other client information to another company as an accompaniment to the business transfer, etc. Hosts and Guests shall agree in advance to such transfers.
Article 17 (Separability)
Even in circumstances where any of the Paragraphs in this Agreement, or a portion thereof, have been invalidated or deemed unenforceable by the Consumer Contract Act or any other law, with the exception of the relevant Paragraphs deemed invalid or unenforceable, all remaining Paragraphs shall continue to completely remain in effect.
Article 18 (Governing Law and Court of Jurisdiction)
- This Agreement and Service Use Agreement shall be governed by the laws of Japan.
- The Tokyo Summary Court or the Tokyo District Court shall be the agreed-upon exclusive court of jurisdiction in the first instance for all disputes arising out of, or related to, this Agreement or Service Use Agreement.
Individual Regulations for Hosts
- Posting Travel Experiences on Site
Hosts shall post details of Travel Experiences (description of experience, minimum number of participants, date and time to be held, amount of time required, location held, cost, payment deadline, required equipment, cancellation policy, name and address of host, etc.) on the Site and seek guests. Also, Hosts shall not be permitted to post Travel Experiences accompanied by lodgings and transportation that did not obtain the registrations required by the Travel Industry Act, or post Travel Experiences that violate relevant industry laws.
- Travel Experience Reservation Approvals
Upon completion of an application from a Guest to reserve a Travel Experience posted on the Site, Hosts shall promptly decide whether to approve the application, and must notify the Guest and the Company of their approval decision. Transactions shall be deemed completed the moment the relevant approval notification reaches the Guest.
- Cost of Travel Experience
After the transaction is completed, the Company shall, on behalf of the Host, take receipt of payment from the Guest no later than the payment deadline listed on the Site. The Company shall tabulate the Travel Experience costs (or cancellation fees in the event of cancellations) for the current month, and make payment to the Host by the end of the following month, minus Service usage fees specified elsewhere on the Site.
Individual Regulations for Guests
- Completion of Travel Experience Reservations and Transactions
Guests wishing to utilize Travel Experiences shall submit a reservation application on this Site upon confirming the details listed on the Site. The transaction between the Guest and Host shall be completed upon approval of the relevant reservation application by the Host.
- Payment of Travel Experience Costs
When a transaction has been completed between a Guest and a Host, the Guest shall pay the Company the cost of the Travel Experience in accordance with the method (credit card payment, etc.) prescribed separately on the Site no later than the payment deadline listed on the Site. Also, service charges related to the payment shall be borne by the Guest.
- Regarding Cancellations
The Guest shall agree in advance that in the event of a cancellation after completion of the transaction, the cancellation policy listed on this Site shall apply, and a cancellation fee will be charged. After completion of cancellation procedures, a monetary amount minus the cancellation fee shall be promptly refunded to the Guest. Also, any bank transfer service fees accompanying the refund shall be borne by the Guest.
Guests shall promptly notify the Company should they discover Travel Experiences accompanied by lodgings and transportation, Travel Experiences that violate all other relevant industry laws, or Travel Experiences that violate this Agreement are listed on this Site.
The Japanese-language version of this Agreement shall be considered the official version. Even when an English-language translation has been prepared for reference purposes, only the official Japanese-language version shall have validity as the Agreement, and the English-language translation shall have no validity whatsoever.
Enacted 3 23 2017