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Japan Hopping Terms and Conditions

 

Last updated November 2, 2023

 

Article 1: Scope of Application

This article delineates the rights and responsibilities of Freeman Inc. (株式会社フリーマン) and its users. It pertains to any interaction between the company and users concerning the utilization of the Service, as defined in Article 2. The individual regulations published on the Company's Website, as specified in Article 2, and any communication conveyed via electronic mail or other mediums to members are integral components of these Terms of Use. In instances where the contents of specific regulations conflict with these Terms of Use, the provisions of the individual regulations shall take precedence.

 

Article 2: Definitions

In the context of these Terms of Use, the subsequent terms are ascribed the following meanings:

 

(1) “Applicant” refers to the entity described in Article 3.

 

(2) “User” signifies an individual or entity duly registered as a user of the Service in accordance with the regulations outlined in Article 3. It is explicitly stated that both the Supplier and the Guest fall within the definition of User.

 

(3) “Guest” alludes to the User who employs the Service to engage in Activities.

 

(4) “Supplier” denotes the User who, with or without official qualifications such as Guide-Interpreter, operates as a guide, travel agency, activity provider, or transportation service company, offering Activity Services to Guests via the Service.

 

(5) “Intellectual Property Rights" encompass copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights. This includes, but is not limited to, rights pertaining to the acquisition and application for the registration of these rights.

 

(6) “Service” denotes the service named “JapanHopping” provided by the Company, encompassing future iterations where the Service's nomenclature or content undergoes modification.

 

(7) “Activity” refers to the tours, services, and excursions provided by the Supplier.

 

(8) “Activity Agreement” pertains to the agreement described in Article 6.

 

(9) “Website” represents the online platform operated by the Company under the domain “japan-hopping.com.” This includes any potential changes in domain or content of the Website, as outlined in this article.
 

Article 3: Registration

1. Application Process:

Individuals or entities intending to utilize the Service (referred to as the “Applicant”) may request registration with the Company. To initiate this process, the Applicant must agree to adhere to the Terms and furnish the Company with necessary information (referred to as the “Registration Information”) in the manner specified by the Company.

 

2. Applicant Responsibility:

Registration applications must be submitted directly by the individual or entity intending to use the Service. Proxy applications or submissions by unauthorized persons will not be considered. The Applicant is obliged to provide accurate, truthful, and updated information in every application submitted to the Company.

 

3. Application Review:

The Company will evaluate registration applications based on predetermined criteria. Upon acceptance, the Company will issue a notification to the Applicant, confirming their successful registration as a User. This notification marks the formalization of the Service Agreement between the Company and the User, granting the User the right to utilize the Service according to the Company's specifications, effective from the date of registration completion.

 

4. Grounds for Rejection:

The Company reserves the right to reject registration under the following circumstances:

 

  • The Applicant is deemed likely to violate the Terms.

  • The Registration Information contains false, erroneous, or omitted details.

  • The Applicant's previous registration for Service use has been terminated.

  • The Applicant is a minor, adult ward, person under curatorship, or under assistance, lacking necessary consent from their respective legal representative, guardian, curator, or assistant.

  • The Company identifies the Applicant as associated with antisocial forces, such as gang groups, right-wing entities, or similar organizations, either directly or indirectly.

  • The Company deems the registration inappropriate based on other grounds it considers relevant.

 

5. Conclusion:

The Company retains the discretion to assess the suitability of all registration applications, ensuring adherence to the Terms and maintaining the integrity and security of the Service. Upon successful registration, Users are expected to comply with the guidelines set forth by the Company, fostering a positive and secure environment for all parties involved.
 

Article 4: Changes in Registration Information

In the event of any alterations to the Registration Information, the User is required to promptly inform the Company of such changes through the procedure specified by the Company. The User must provide the Company with the necessary information pertaining to these changes in a timely manner.

 

Article 5: Management of Password and User ID

1. The User is solely responsible for the security and preservation of their password and user ID. Under no circumstances should the User allow any third party to utilize the password or user ID, nor should they lend, assign, or transfer ownership of the password or user ID to another individual. Additionally, the User must not engage in activities that involve the sale or purchase of the password or user ID, or any similar unauthorized transactions.

 

2. The User bears full responsibility for any damages resulting from inadequate management, improper use, or usage by a third party of the password or user ID. The Company shall not be held responsible or liable for any such damages.

 

3. In situations where the password or user ID is compromised or used by a third party without authorization, the User must promptly notify the Company of the incident and adhere to the instructions provided by the Company.

 

Article 6: Use of the Service

1. Use by the Users:

(1) Throughout the Service Agreement's effective term, the User is entitled to utilize the Service as directed by the Company, in accordance with and within the confines of the Terms.

(2) The User is responsible for independently providing and maintaining the necessary hardware, software, telecommunication lines, and communication environments essential for Service usage.

(3) The User must establish and maintain appropriate security systems, at their own expense and responsibility, to prevent computer viruses, unauthorized access, information leakage, and similar threats while using the Service.

 

2. Use by the Guest:

(1) Guests can select an Activity from the Website. If a Guest wishes to participate, they must complete the online booking form as per the Company's instructions.

(2) Guests are required to make payments for the Activity Service (referred to as the “Activity Price”) using the payment method specified by the Company.

 

3. Use by the Suppliers:

(1) Suppliers must furnish their profile and Activity information on the Website in accordance with the Company's guidelines.

(2) Suppliers are expected to respond to Guest inquiries within twenty-four (24) hours after the Guest submits the booking form, as per Article 6.2.

 

4. Completion of the Activity Agreement:

The Activity Agreement between the Supplier and the Guest is considered finalized upon the Supplier's acceptance of the booking. It is expressly clarified that the Company is not a party to the Activity Agreement.

 

5. Payment to Supplier:

Payment processing services for Members on the Services are facilitated by Stripe and are subject to the Stripe Connected Account Agreement, including the Stripe Terms of Service. By agreeing to the Terms of Use or continuing to operate as a Member on the Services, Members consent to be bound by the Stripe Services Agreement, as amended by Stripe from time to time. As a condition of the Services enabling payment processing through Stripe, Members agree to provide accurate and comprehensive information about themselves and their business to the Services, authorizing the Services to share this information and transaction details related to their use of Stripe's payment processing services.
 

Article 7: Treatment of User Information

1. Handling of User Information:

The Company's treatment of the User's personal information is governed by our separately prescribed Privacy Policy. By utilizing our services, the User expressly consents to the Company's handling of their information in accordance with the terms outlined in the Privacy Policy.

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2. Disclosure of Information:

The Guest acknowledges and agrees that their information, including personal details, held by the Company, will be disclosed to the Supplier with whom the Guest enters into the Activity Agreement. Similarly, the Supplier agrees that their information, including personal data, held by the Company, will be disclosed to the Guest with whom the Supplier executes the Activity Agreement. The specifics of the personal information provided under this section are detailed in our Privacy Policy.

 

3. Information Disclosure to Viewers:

Suppliers utilizing the Services and registering Activities authorize the Company to disclose necessary information to identify the registered Contents. This includes Supplier information such as IDs, nicknames, thumbnail images, user evaluations, and other details regarding the registered Activity, provided by the Supplier through forms stipulated by the Company.

 

Article 8: Duties of Suppliers

​1. Activity Entrustment:

The Supplier shall not wholly or partially entrust the Activity to a third party, including other Suppliers.

 

2. Service Limitation:

The Supplier shall not provide escort or guidance services related to travel outside the scope of the Service to Guests they have come to know or have a relationship with through the Service.

 

3. Breach Penalty:

In the event of a breach of Article 8.2, the Supplier shall pay the Company a penalty equal to two (2) times the highest Activity Price per Guest that the Supplier set before the breach, for each Guest affected by the breach.

 

Article 9: Payment and Fee of the Supplier

​1. Payment Authorization:

The Supplier authorizes the Company to receive, on their behalf, the Activity Price to be paid by the Guest.

 

2. Company Fee:

The Supplier shall pay the Fee, an amount specified by the Company, as consideration for utilizing the Service.

 

3. Cancellation Fees:

If the Activity Agreement is canceled, Articles 9.1 through 9.2 shall apply mutatis mutandis, treating the cancellation fee as the Activity Price.

 

Article 10: Cancellation Policy

​1. Guest's Cancellation:

In the event the Guest wishes to cancel the Activity Agreement, they must adhere to the cancellation policy established by the Company, as separately provided.

 

2. Policy Modification:

The Supplier shall not modify the cancellation policy or any other Activity Service conditions specified in the Terms or designated by the Company without the prior consent of the Company.

 

3. Force Majeure:

In situations of Force Majeure beyond the Supplier's reasonable control, the Supplier shall make reasonable efforts to reschedule the Activity in communication with the Guest. If mutually agreed upon terms and conditions for the rescheduled Activity cannot be reached, the Supplier may cancel the Activity Agreement without penalty, provided immediate notice is given to the Company. The Guests hereby acknowledge the Supplier's right to cancel in such circumstances. In cases of conflicting interpretations of Force Majeure, the decision of the Company shall prevail. Unless otherwise stipulated in this Article 10.3, the Supplier shall not cancel the Activity Agreement once it has been finalized and entered into.
 

Article 11: Prohibited Activities

  1. Restricted User Conduct:

Users are expressly prohibited from engaging in the following activities in relation to the use of the Service:

 

(1) Providing false information during Member registration;

(2) Infringing upon intellectual property rights, portrait rights, privacy rights, or any other rights or interests of the Company, another Member, or a third party;

(3) Engaging in criminal acts or activities contrary to public order or morals;

(4) Transmitting obscene or violent images or other information offensive to the average person, or harmful to minors;

(5) Violating laws, regulations, or these Terms of Use;

(6) Transmitting information containing computer viruses or other harmful computer programs;

(7) Tampering with information pertinent to the Services or engaging in reverse engineering;

(8) Overloading the server of the Services, hindering their operation, or disrupting the network or system;

(9) Interfering with or potentially interfering with the Company’s administration;

(10) Using the Services, or information/materials obtained through them, for commercial or non-related purposes;

(11) Utilizing the Services in a manner not sanctioned by the Company;

(12) Encouraging or assisting others in engaging in illegal activities;

(13) Defaming or undermining trust in the Company;

(14) Verbally abusing or threatening the Company’s staff, or hindering or potentially hindering the Company’s operations; or

(15) Engaging in any other activities deemed inappropriate by the Company.

 

2. Company Actions:

If the Company determines or suspects that a User's actions fall within the purview of any provision in Article 11.1, the Company reserves the right to delete, in part or in whole, the relevant information without prior notice to the User. The Company shall bear no responsibility or liability for any damages incurred by the User resulting from actions taken in accordance with Article 11.2.

 

Article 12: Discontinuation or Suspension of the Service

​1. Service Interruptions:

The Company retains the right to permanently discontinue or temporarily suspend, wholly or partially, the use of the Service without prior notice to the User under the following circumstances:

(1) Scheduled or unscheduled inspections or maintenance of the computer systems related to the Service;

(2) Disruption or cessation of computer or telecommunications network operation due to accidents;

(3) Difficulty in Service operation due to force majeure events such as fire, power failure, natural disasters, or any other unforeseen cause;

(4) Any other situation where the Company deems discontinuation or suspension necessary.

 

2. Company Disclaimer:

The Company shall not be held responsible or liable for any damages incurred by the User due to actions taken by the Company in accordance with this Article 12.

 

Article 13: Retention of Information

The Company is under no obligation to retain messages or other information transmitted by or to the User through the Service, even if such information has been stored by the Company for operational purposes. The Company reserves the right to delete such information at its discretion, without any obligation to the User. The Company shall not be held responsible or liable for any damages incurred by the User as a result of actions taken pursuant to this Article 13.
 

Article 14: Warning for Downloading, etc.

1. User Responsibility for Downloads:

Should the User choose to download software or programs from the Website onto their computers either at the initiation or during the use of the Service, they are required to exercise due diligence to prevent loss, alteration of their stored information, or any damage to their equipment. The Company disclaims any responsibility or liability for any loss or damage incurred by the User in this context.

 

Article 15: Ownership and Intellectual Property Rights

​1. Ownership and License:

All ownership and Intellectual Property Rights related to the Service and the Website belong to the Company or its licensors. User registration under the Terms does not grant any license pertaining to the Website or the Service under any Intellectual Property Rights held by the Company or its licensors. Users are expressly prohibited from engaging in any acts that infringe upon the Company's or its licensors' Intellectual Property Rights, including but not limited to disassembling, decompiling, or reverse engineering.

 

2. User Content License:

Users grant the Company a non-exclusive, sublicensable, and royalty-free license to copy, modify, reproduce, or otherwise use in all forms, the texts, graphics, videos, and other data uploaded or transmitted on the Website or through the Service by the User.

 

Article 16: Suspension of the Service and Cancellation of Registration

1. Company's Right to Suspend or Cancel:

The Company reserves the right to temporarily suspend a User's access to the Service or cancel their registration without prior notice if the User:

  • Violates any provision of the Terms;

  • Provides false information in the Registration Information or information pursuant to Articles 6.2 and 6.3;

  • Faces payment suspension, insolvency, or legal proceedings such as bankruptcy, civil rehabilitation, or corporate reorganization;

  • Passes away or is subject to legal proceedings for guardianship, curatorship, or assistance;

  • The Supplier fails to execute an Activity Agreement for twelve (12) months or more or responds to Company communication for twelve (12) months or more;

  • Receives a significantly low rating or reputation determined by the Company; or

  • Falls under any provision of Article 3.5.

 

2. Monetary Obligations:

Upon falling under any provision of Article 16.1, any outstanding debt of the User to the Company becomes immediately due and payable, and the User must settle such debts without delay.

 

3. Company's Limited Liability:

The Company bears no responsibility or liability for any damage suffered by the User resulting from actions taken by the Company in accordance with the provisions of this Article 16.

 

Article 17: Disclaimer and Limitation of Liability

1. Nature of the Service:

The User acknowledges that the Service serves as a platform providing Users with opportunities for the provision and use of Activities. The Company does not provide or assume liability for any Activity. The Company is not responsible for issues related to Activities, including execution, cancellation, and performance of Activity Agreements, accidents during Activities, or disputes between Guests, or Guests and Suppliers. The Company is not liable for any damage suffered by the User in connection with Activities, including issues mentioned above.

 

2. Limitation of Liability:

If the Company is liable for any reason, its liability is limited to the consideration for the relevant Activity. Additionally, the Company is not liable for incidental, indirect, special, future, or loss-of-earnings-related damages.

 

3. No Liability for User Transactions:

The Company bears no liability for transactions, communication, or disputes arising between Users or between a User and a third party in relation to the Services.

 

4. User Responsibility for Compliance:

Users are responsible for ensuring their use of the Service complies with applicable laws, regulations, and their organizational rules. The Company makes no warranty regarding Users' compliance with these regulations.

 

5. No Liability for Service Issues:

The Company is not responsible or liable for Service suspension, discontinuation, unavailability, or modification caused by the Company, deletion or loss of User messages or information, User registration cancellations, data loss, equipment failure, or other damage resulting from Service use.

 

6. External Website Links:

The Company is not responsible for websites other than the Website or any information obtained from such websites, even if the Service contains links to and from other websites on the Internet.

 

7. SNS Service Association Disclaimer:

The Company provides no warranty concerning any association with SNS service companies, and shall not be held responsible even if such association is not available.

 

Article 18: Resolution of Disputes

​1. User Indemnification:

The User agrees to indemnify and hold the Company harmless from any damages incurred by the Company due to the User's breach of any provision of the Terms or arising in connection with the User's use of the Service.

 

2. Notification and Settlement of Claims:

The User must promptly notify the Company of any claims made against the User by other Users or third parties related to the Service, or any disputes arising between the User and other Users or third parties. The User is responsible for settling such claims or disputes at their own expense and must report the processes and outcomes of such settlements to the Company upon request.

 

3. Limitation of Company Liability:

The Company shall not be held responsible or liable for any damages incurred by the User in connection with the Service. Even if the Company assumes responsibility for damages under the Consumer Contract Law of Japan, other applicable laws, or any other reasons, the Company's liability for such damages is limited to the amount of the Service Fee received by the Company for the specific Activity causing the damage.

 

Article 19: Confidentiality

1. Definition of Confidential Information:

Confidential Information refers to any information related to the technology, business, operation, finance, organization, etc., of the Company, disclosed to or acquired by the User in connection with the Terms or the Service in writing, orally, or through storage media. This excludes information:

  • Publicly available or known to the User at the time of disclosure;

  • Becomes public without the User's fault;

  • Lawfully acquired without confidentiality obligations;

  • Independently developed by the User; or

  • Excluded from confidentiality obligations in writing by the Company.

 

2. Confidential Information Usage:

The User shall only use the Company's Confidential Information for Service-related purposes and shall not disclose it to third parties without the Company's prior written consent.

 

3. Legal Disclosure Exception:

Disclosure of Confidential Information is allowed if required by law, court order, or government authority. However, such instances must be promptly notified to the Company.

 

4. Reproduction of Information:

Prior written consent from the Company is necessary for reproducing any documents or storage media containing Confidential Information. The User must maintain strict control over reproductions, as outlined in Article 19.2.

 

5. Return or Destruction of Information:

Upon the Company's request, the User must promptly return or destroy all Confidential Information, including documents and reproductions, in accordance with the Company's instructions.

 

Article 20: Effective Term

The Service Agreement becomes effective upon the User's registration completion as per Article 3 and remains valid until the registration termination or cessation of Service provision. Provisions in Articles 5.2, 8.2, 8.3, 9, 11.2, 12.3, 13 through 19, and 23 through 26 survive the expiration or termination of the Service Agreement. Article 19 remains applicable for five (5) years from the Service Agreement's expiration or termination.
 

Article 21: Amendment and Changes to Terms

1. Company's Right to Amendment:

The Company retains the unrestricted right to amend or change the contents of the Service.

 

2. Amendment of Terms:

The Company may amend or change the Terms, including regulations and rules concerning the Service posted on the Website. In the event of any such amendment, the Company will notify the User accordingly. If the User continues to use the Service or does not cancel their registration within the specified time after the aforementioned notice, it will be construed as the User's agreement to the amended Terms.

 

Article 22: Notice

Any inquiries, communications, or notices from Users to the Company, as well as notifications regarding amendments to the Terms or other communications from the Company to the User, shall follow the procedures specified by the Company.

 

Article 23: Assignment of Terms

1. User's Limitation on Assignment:

The User may not assign, transfer, grant security interests, or dispose of their status under the Service Agreement, or rights or obligations under the Terms, without the prior written consent of the Company.

 

2. Company's Right to Assignment:

If the Company assigns the business related to the Service to a third party, it may assign to the assignee its status under the Service Agreement, rights and obligations under the Terms, as well as Registration Information and other User-related information. The User hereby agrees to such assignment in advance. The term "assignment of business" in this Article includes standard business assignments, as well as corporate splits or any other restructuring forms resulting in a business transfer.

 

Article 24: Entire Agreement

The Terms constitute the complete agreement between the Company and the User concerning the matters contained herein, superseding all prior agreements, representations, and understandings, whether oral or in writing, between the Company and the User concerning these matters.

 

Article 25: Severability

If any provision or part thereof in the Terms is deemed invalid or unenforceable under the Consumer Contract Law of Japan or other applicable laws, the remaining provisions shall remain in full force and effect. The Company and the User shall endeavor to amend the invalid or unenforceable provision to make it legally operative and achieve the original purpose and legal and economic effect contemplated by the provision.

 

Article 26: Governing Law and Jurisdiction

The Terms shall be governed by Japanese law. Any disputes arising from or related to the Terms shall be exclusively submitted to the jurisdiction of the Tokyo District Court in the first instance.

 

Article 27: Resolution Through Discussion

Any matters not covered in the Terms or giving rise to doubts regarding interpretation shall be promptly resolved through sincere discussions between the Company and the User.

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