InsideOutJapan User Terms and Conditions

 

 

Article 1 (Purpose, etc.)

 

1. This agreement (“Agreement”) applies to the use of the InsideOutJapan (“IOJ”) website (“Website”), the IOJ application (“Application”) and the Services (defined below) operated by MTJ Co., LTD ("Company"). The terms and conditions of this Agreement are set forth as follows.

 

2. An “Individual” refers to a person who accesses the Website or Application, or uses the Services, regardless of whether or not they have registered as a User pursuant to Article 2 or as a Travel Agent pursuant to Article 3. A User means an Individual who has registered as set forth in Article 2 and a Travel Agent means a travel agent business that has applied to register as such on the Website/Application by an Individual and been approved by the Company, as set forth in Article 3.

 

3. The purpose of the Website and Application is to promote and facilitate sales of the Company’s InsideOutJapan walking tours, chat services and other travel related services (“Services”), and for the arrangement and coordination of the Services for Users. “Walking Tours” are experience services conducted around Japan that are offered by the Company through the Website and Application. Walking Tours are lead by persons with knowledge and passion about Japan, who are referred to as travel story tellers (“TSTs”).

 

4. By accessing and browsing the Website or Application, by registering as a User or by using the Services, Individuals are deemed to have read and agreed to the content of this Agreement and are obliged to comply with this Agreement.

 

5. This Agreement is to be read in conjunction with the Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement.

 

 

Article 2 (User Registration)

 

1. Registration to become a registered user of this site (“User") is limited to persons of the legal age of adulthood in Japan or older. User registration must be completed by using the form specified by the Company on the Website or Application. When applying to be a User, Individuals must affirm to the Company that they have read and agreed to this Agreement. Persons who are located in an area outside of Japan where there are laws or regulations that prohibit them from using the Website, Application or Services due to an age restriction may not register to be a User until they are no longer prohibited by such laws or regulations.

 

2. For Individuals who register as a User and are booking or using Services for a minor, they must be the legal parent or guardian of that minor. By registering as a User and by using the Services, such Individual represents and affirms that they: (i) are the minor’s legal parent or guardian, (ii) agree that the terms and conditions of this Agreement will also apply to such minor, (iii) will accompany and monitor the minor at any time that the minor uses the Services and (iv) except for cases in which the Company fails to perform its obligations, shall be solely liable to the minor for any personal injury, death, property damage, etc. that may be sustained by the minor as a result of the minor’s participation in any Services.

 

3. When registering as a User, Individuals will be asked to provide Personal Information about themselves such as their name, e-mail address, phone number, etc. ("Registered Information"). The definition of Personal Information, as well as the scope of collection of Personal Information and the purpose of use is as described in our InsideOutJapan User Privacy Policy.

 

4. Alternatively to paragraph 3 above, for persons who have given permission for Travel Agents (defined below) to book Services on their behalf and share their Personal Information with the Company for such purposes, a partially completed registration will be created by the Company for the person to use the Services. In order to complete the process to use the Services, that person is required to complete their registration as a User and affirm that they have read and agreed to this Agreement.

 

5. As part of the application process, Individuals will provide their email address (to be their User account ID) and create a password (hereinafter referred to as “ID, etc.”). When an Individual’s registration application is received and the prescribed procedures are completed with all requested information appropriately filled in, the Company’s system will automatically recognize the applicant as a User to use the Website and Application, therefore completing the registration process for the User. The number of IDs, etc. that an Individual can acquire is up to one, and if an Individual has two or more IDs, etc. without a valid reason recognized by the Company, that Individual’s IDs, etc. may be combined into one or deleted, without prior notice. Except for cases in which the Company fails to perform its obligations, even if damage is caused to the User due to the combination or deletion of the IDs, etc., the Company will not be obligated to compensate for any such damage.

 

 

Article 3 (Travel Agent Registration)

 

1. Registration to become a travel agent user of this site (“Travel Agent") is limited to businesses in good legal standing that have all required licenses, including appropriate licenses under the Travel Business Act of Japan or a foreign equivalent, certifications, etc. that are required to function and comply as a travel agent business in the area for which they have legal standing. The Travel Agent registration application must be completed by using the form specified by the Company on the Website or Application. When applying to register their travel agent business as a Travel Agent, Individuals must affirm to the Company (i) that they have read and agreed to this Agreement, (ii) that the travel agent business they are representing understands and agrees to this Agreement and (iii) that they have all necessary legal authority to bind that business to this Agreement.

 

2. When applying to register their travel agent business as a Travel Agent, Individuals may be asked to provide information about themselves and their travel agent business such as their name, an e-mail address, the business’ address, etc. ("Travel Agent Registered Information"). The purpose of collecting the Travel Agent Registered Information is to allow the Travel Agent to book Services and for the provision of Services by the Company to the Travel Agent’s Clients (defined below). Subject to the foregoing purpose, any Personal Information that is collected will be handled in accordance with the InsideOutJapan User Privacy Policy.

 

3. As part of the application process, Individuals will provide the email address they wish to use for their travel agent business’ account (for the account ID) and create a password (hereinafter referred to as “ID, etc.”), after which they will be able to submit an application to register their travel agent business as a Travel Agent. When an Individual’s Travel Agent registration application is received and the prescribed procedures are completed with all requested information appropriately filled in, the Company will review the application and determine whether the Company recognizes that business as a Travel Agent. Travel agent businesses who are successfully recognized by the Company as a Travel Agent will be able to book the Services on the Website and Application, therefore completing the registration process for the Travel Agent. These reviews and recognitions are done at the sole discretion of the Company. Even if the Company does not provide recognition as a Travel Agent, the Company is not obliged to explain the reason. The number of IDs, etc. that a Travel Agent business can acquire is up to one, and if a Travel Agent business has two or more IDs, etc. without a valid reason recognized by the Company, the IDs, etc. may be combined into one or deleted, without prior notice. Except for cases in which the Company fails to perform its obligations, even if damage is caused to the Travel Agent due to the combination or deletion of the IDs, etc., the Company will not be obligated to compensate for any such damage.

 

4. Notwithstanding Article 2 (User Registration) and Article 7 (Booking and Payment by Users), all of the terms and conditions of this Agreement that apply to Users will likewise apply to Travel Agents mutatis mutandis.

 

 

Article 4 (Management of ID, etc.)

 

1. IDs, etc. may only be used by the corresponding User. Users are prohibited from allowing any third party to use their ID, etc. Users shall be responsible for the management of their IDs, etc. If a User suffers disadvantages or damages due to the use of their ID, etc. by a third party, the Company shall not be held responsible except for cases in which the Company fails to perform its obligations.

 

2. A User’s Registered Information can be changed or deleted upon request from the User. Because it takes a certain amount of time to change or delete Registered Information, there is a possibility that notifications or documents will be sent from the Company to previously Registered Information while the change or deletion process is occurring. In addition, the Company may contact the User for confirmation of incomplete or erroneous Registered Information, regardless of whether or not the User has indicated that they wish to receive information from the Company. Except for cases in which the Company fails to perform its obligations, the Company will not be obligated to compensate the User for any disadvantages or damages incurred by the User due to these matters.

 

 

Article 5 (Use of the Website, Application and Services)

 

1. Individuals may use this Website, Application and Services only for their personal, non-commercial purposes; except in the case of Travel Agents who have registered pursuant to Article 3 that use the Website, Application and Services in accordance with this Agreement.

 

2. Communication costs for using this Website and Application shall be borne by the Individual.

 

3. The Company may set and change restrictions on the information and content that can be viewed on the Website and Application and the scope of Services offered for Users.

 

 

Article 6 (Prohibited Acts, Suspension of Qualification, Deregistration)

 

1. Individuals are prohibited from performing the following acts when using the Website, Application or Services (“Individual Prohibited Acts”).

 

(1) Falsification of information or content provided to the Company.

 

(2) Interfering with the operation of the Website, Application or Services, such as sending or writing harmful computer programs, etc.

 

(3) Infringing the Company’s copyrights or other intellectual property rights, slandering the Company, or causing any other disadvantage or damage to the Company, whether inside or outside the Website or Application.

 

(4) Infringing copyrights or other intellectual property rights of other Individuals or third parties in relation to the Website, Application or Services.

 

(5) Violating the privacy of other Individuals or third parties in relation to the Website, Application or Services.

 

(6) Slander targeting other Individuals or third parties in relation to the Website, Application or Services.

 

(7) Acts for the purpose of profit using this site, or information and contents provided on this site; except in the case of Travel Agents pursuant to Article 3 that use the Website, Application and Services in accordance with this Agreement.

 

(8) Preparing derivatives based upon the Website, Application or Services or modifying the same.

 

(9) Accessing the Website or Application with the intent to reverse engineer it, to make a similar or competing product or service, or to reproduce any part of the Website, Application or Service.

 

(10) Acts that are contrary to laws and public order and morals relating to the Website, Application or Services and acts to facilitate crimes.

 

(11) Violation of any of the obligations stipulated in this Agreement.

 

(12) Impersonation of a third party.

 

(13) Abusive actions or words directed at a TST or third party.

 

(14) Other acts that the Company deems inappropriate.

 

2. In the following cases, the Company may suspend a User’s account or cancel their registration application without any prior notice to the User/Individual.

 

(1) When a User makes a false declaration at the time of registration.

 

(2) Unauthorized use of the User’s ID, etc.

 

(3) When the User lends their ID, etc. to a third party.

 

(4) When the Company determines that the User has performed or is likely to have performed any of the Individual Prohibited Acts.

 

(5) If the User is an organized crime group (as defined in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members), an organized crime group member, an entity, association, company or individual related to an organized crime group, a corporate racketeer, a social or political campaign racketeer, a special intelligence criminal organization, or any person or entity equivalent thereto.

 

(6) If the User uses violence, force, or threatening language to make unjust demands or to pursue economic interests, makes acts of damaging credit by disseminating rumors or other fraudulent acts, or if the Company determines that there is a risk of such.

 

 

Article 7 (Booking and Payment by Users)

 

1. For Services available for booking on the Website and Application by Users, all applicable fees will be shown on the page for that Service. Payment for the Company’s fees is to be made by the User, when the User books a Service on the Website or Application. The Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement, provides further details regarding third party fees.

 

2. In certain situations where Users request to cancel a Service that they have already booked on the Website or Application, Users may be charged cancellation fees. The details of such cancellation fees can be found on the Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement.

 

3. Users agree that the Company may charge the stated fees for a Service on the Website or Application, when that Service is booked by the User. In order to complete the booking of a Service, Users must pay all of the Company’s fees by credit card and are responsible for using a valid credit card for such payments. At the time when the payment is successfully processed, the booking for Walking Tours will be completed. For the 24-Hour Chat Service (available in 1-hour increments), while payments must be authorized at the time of booking, payments will not be processed by the Company until after confirmation of availability by the Company is made.

 

4. A third party credit card payment processor (“Card Processor”) will be used by the Company to process all payments by Users to the Company. Payments are subject to this Agreement and the terms and conditions of the Card Processor as well as any terms and conditions set forth by the User’s credit card company for the credit card being used by the User for such payment (“Credit Card Company”). The Company is not liable for any errors or negligence by the Card Processor or the Credit Card Company.

 

5. When a booking is made by a User on behalf of another person, the User will be required to provide certain details of that person to the Company in order for the Company to be able to provide the booked Service. (Such persons are also required to register as a User on the Website or Application pursuant to Article 2, in order to use the Service.) Personal Information provided by the User will be handled by the Company in accordance with the IOJ User Privacy Policy. The User represents and affirms to the Company that any Personal Information provided by the User to the Company is done so in compliance with all applicable laws and regulations, including the receipt by the User of any necessary consents from persons to provide their Personal Information to the Company.

 

 

Article 8 (Booking and Payment by Travel Agents)

 

1. In order to book Services, Travel Agents must create a TRIP that functions as a period of time in which Travel Agents can book services for a Client (defined below) and limits the timing for such bookings, as detailed in the Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement. For Services available for booking on the Website and Application by Travel Agents, all applicable fees will be shown on the page for that Service. Payment for the Company’s fees is to be made by the Travel Agent, once a booking for a TRIP is confirmed and the creation of an invoice in the Website/Application for the Travel Agent is made, as described below. The Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement, provides further details regarding the timing of invoices and payments, as well as third party fees.

 

2. In certain situations where Travel Agents request to cancel a service that they have already booked on the Website or Application and paid the applicable invoice for, Travel Agents may be charged cancellation fees. The details of such cancellation fees can be found on the Commercial Disclosure for the Website and Application.

 

3. When a booking is made by a Travel Agent on behalf of their third party client (“Client”), the Travel Agent will be required to provide certain details of that Client to the Company in order for the Company to be able to provide the booked Service. (Clients will also be required to register as a User on the Website or Application pursuant to Article 2, in order to use the Service.) Personal Information provided by the Travel Agent will be handled by the Company in accordance with the IOJ User Privacy Policy. The Travel Agent represents and affirms to the Company that any Personal Information provided by the Travel Agent to the Company is done so in compliance with all applicable laws and regulations, including the receipt by the Travel Agent of any necessary consents from Clients to provide the Personal Information of the Clients to the Company.

 

4. Upon completion of a booking request by a Travel Agent, confirmation of availability for that booking shall be made by the Company to the Travel Agent as detailed in the Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement. Upon confirmation of availability by the Company to the Travel Agent, an invoice will automatically be made available to the Travel Agent on the Website/Application (or if an invoice for that TRIP already exists, the invoice will be updated) with directions for a bank transfer to remit the fees for that booking from the Travel Agent’s bank account to the Company’s bank account. Travel Agents agree that the Company may charge the stated fees for a Service on the Website or Application, when confirmation of the availability for a booking request for that Service is made by the Company and an invoice for that booking is made available to the Travel Agent on the Website/Application (or if an invoice for that TRIP already exists, when the invoice updated). In order to complete the booking process, Travel Agents must pay all stated fees for the booked Service(s) in the invoice by bank transfer and are responsible for using a valid bank account for such payments. The payment periods for invoices are detailed in the Commercial Disclosure for the Website and Application, which constitutes a part of this Agreement. At the time when the payment is successfully processed, the booking is considered completed.

 

5. A third party bank transfer processor (“Bank Processor”) will be used by the Company to process all payments by Travel Agents to the Company. Payments are to be made subject to this Agreement, the terms and conditions of the Bank Processor as well as any terms and conditions set forth by the Travel Agent’s bank for the bank account being used by the Travel Agent for such payment (“Travel Agent’s Bank”). The Company is not liable for any errors or negligence by the Bank Processor or the Travel Agent’s Bank.

 

 

Article 9 (Walking Tours and other Services)

1. Individuals who participate in Walking Tours or other Services provided by the Company must agree to be bound by the terms of this Agreement and this Article 9.

 

2. TSTs who provide Walking Tours and other Services may be independent contractors (“Independent Contractors”) who are not agents or employees of the Company and who are responsible for the quality of such Walking Tours or other Services. In these cases, the Company will not be liable for any acts, errors, omissions, representations, warranties, breaches, negligence or other misconduct of any such Independent Contractors, except for cases in which the Company fails to perform its obligations.

 

3. Individuals acknowledge that, due to the Walking Tours and other in-person Services taking place in public environments that are not controlled by the Company, the Company cannot provide any guarantees about the safety or risks on a Walking Tour or other in-person Service. When Individuals participate in a Walking Tour or other in-person Service, they agree to do so at their own risk. Except for cases in which the Company fails to perform its obligations, the Company is not responsible for any damages or expenses that may arise during, or result from, any Walking Tours or other Services, including, but not limited to, personal injury, death, property damage, etc.

 

4. The Company does not guarantee the accuracy of any information provided by the Company and/or TSTs on Walking Tours or through any of the Services.

 

5. The details of the Company’s policy for Individuals arriving late for Walking Tours can be found on the Commercial Disclosure for the Website and Application.

 

6. TSTs are prohibited from seeking or accepting any additional work from Individuals, other than the Services booked through the Website or Application. Individuals agree not to request such prohibited work from the TSTs.

 

 

Article 10 (Implementation of campaigns, delivery of prizes, gifts, etc.)

 

The Company may conduct various campaigns such as sweepstakes and prize giveaways on the Website or Application for Users. The Company will notify Users who have won prizes according to the results of fair judgments to determine winners and losers. Campaign prizes, premiums, etc. ("Prizes, etc.") will be sent based on the User’s Registered Information. In principle, if applicable, the Company will carry out the shipping procedure only once, and if the winning User is unable to receive the prize, the User's right to receive the Prizes, etc. will be invalidated regardless of the reason for User being unable to receive the Prizes, etc., and the Prizes, etc. may not be shipped again.

 

 

Article 11 (Provision of Information, Etc.)

 

1. The Company shall be able to provide Users with information on the Services and other related products, information on campaigns, new services, etc., and information on after-sales services by telephone, e-mail, mail, etc. Individuals shall consent to this in advance of becoming a User. However, at the request of the User, procedures will be taken to stop the provision of such information.

 

2. The Company may select and provide recommended information to each person at the Company’s discretion based on the User’s Registered Information and their use of the Services.

 

 

Article 12 (Handling of Personal Information)

 

The Company will handle the Personal Information of Users in accordance with our separate InsideOutJapan User Privacy Policy. By agreeing to this Agreement, Individuals affirm that they have also read and agree to the InsideOutJapan User Privacy Policy.

 

 

Article 13 (Property Rights)

 

1. The domain name of this Website, as well as the ownership rights, copyrights, trademark rights, design rights and other intellectual property rights and other interests related to all contents, services, software, etc. contained in this Website, Application or Services, and all rights relating to the use thereof, shall belong to the Company or a third party to whom the Company has granted permission, regardless of whether or not registration for those rights have been made.

 

2. Except for cases where the prior written consent of the Company is obtained, Individuals may not duplicate, publish, transmit, upload, distribute, transfer, lend, or otherwise copy or borrow the content, services, software, etc. contained in this Website, Application or Services. Translating, adapting, licensing, reprinting, or any other such use is prohibited.

 

3. This Agreement does not constitute a transfer of any property rights in regard to the Website, Application or Services. Product and brand names used by the Website, Application and Services are property of the Company and Individuals are not granted any right or license in them.

 

 

Article 14 (No Warranty/Disclaimer, Limitation of Liability)

 

1. Individuals shall carry out user registration at their own responsibility, and Individuals shall use this Website, Application and Services at their own responsibility.

 

2. The Company may terminate the operation of any, or all of, this Website, Application or Services at any time.

 

3. Regardless of the reason, the Company is not responsible for any difficulty or impossibility to use the Website, Application or Services, or any errors that occur on the Website or Application. Regardless of whether or not the Company is the cause of any damages suffered by an Individual due to erroneous operations on the Website or Application, including disconnection of communication, etc., the Company shall not be held responsible at all. In addition, the Company will not be held responsible for any disadvantage or damage caused to the User due to the provision of the Website, Application or Services; information provided through the Website, Application or Services; or the granting of usage to the Website, Application or Services and any suspension thereof.

 

4. The Company may temporarily suspend or stop the provision of the Website or Application due to maintenance or construction of telecommunications equipment, failure of telecommunications equipment, or other reasons. In the event that the provision of the Website or Application is suspended or stopped, the Company will endeavor to restore it promptly, but the Company does not guarantee any restoration time and the Company is not responsible for conducting the restoration.

 

5. The Company shall not be held responsible for any damages incurred by the Individual as a result of the Company setting limits on the information and content that can be viewed on the Website or Application, or the scope of the Services provided by the Company.

 

6. The Company shall not be held responsible for any damages incurred by an Individual due to merger, bankruptcy, dissolution, etc. of the Company.

 

7. The Company shall not be held responsible for any damages incurred by the User, and no refunds will be made, in the event that a Service cannot be conducted by the Company due to a force majeure act which includes: natural disasters (such as earthquakes, typhoons, tsunamis, etc.), wars, riots, orders by government authorities or any other reasons beyond the control of the Company such as the cancellation of a User’s flight to Japan.

 

8. The Website or Application may not be displayed or used correctly depending on the specifications of the terminal, operating system, browser, etc. used by the Individual for communicating with the Website or Application. Even in this case, the Company shall not be held responsible for any inability of an Individual to use the Website or Application.

 

9. If the Company is for any reason, including for matters mentioned in this Article 14, found to be liable for any loss or damage that is in any way connected with a Walking Tour or any other Service that has been booked on the Website or Application, the Company’s liability in such regard will in no way exceed, in the aggregate, the greater of either (i) the fees for the booking of the service that has given rise to the claim and has been paid to the Company (if applicable), or (ii) 50,000 JPY. The aforementioned limitation on liability will not apply where such liability was found to have occurred due to the Company’s willful conduct or gross negligence.

 

10. Any claim for damages must be notified to the Company within 2 years from the date that such claimed damage occurred.

 

11. Individuals shall not make any claim or objection to the Company or any third party in relation to the winning or losing of a campaign stipulated in Article 10 or the delivery of the prizes.

 

 

Article 15 (Disputes and Compensation for Damages)

 

1. In the event that an Individual causes damage to a third party in relation to this Website, Application or the Services; or if a dispute arises in relation to the same, such as when there is trouble with a third party, the Company will not be held responsible. In addition, the Individual shall resolve this at the Individual’s own responsibility and expense and shall not cause any trouble to the Company.

 

2. In the event that the Company or a third party suffers damage due to an act contrary to the terms in this Agreement by an Individual, prohibited acts stipulated in Article 6 (Prohibited Acts, Suspension of Qualification, Deregistration) or elsewhere in the Agreement, intentional or negligent acts by an Individual, or due to a User’s ID, etc. becoming known to a third party; the Company shall be able to claim compensation for damages caused to the Company or a third party by such Individual.

 

 

Article 16 (Third Party Services)

 

The Company is not responsible or liable for, and does not control, third party services and content that may be made available by, or accessed in connection with, the Website, Application or Services. If Individuals access any third party services or content through links on the Website, Application or through the Services, the User will be subject to that third party’s terms and conditions, privacy policy, etc. No warning will be provided by the Company that an Individual is moving to a third party’s services or content and Individuals access them at their own risk.

 

 

Article 17 (Changes to Terms)

 

The Company may change the terms of this Agreement as it determines is necessary. If the Company changes this Agreement, the Company will notify Individuals through the Website, Application, e-mail or by other equivalent methods. Notwithstanding the foregoing, the Company will obtain consent from Users or Travel Agents in a manner specified by the Company for an amendment or change of the Agreement that requires such consent under applicable laws.

 

 

Article 18 (Court of Jurisdiction, Applicable Law)

 

The Tokyo District Court shall be the exclusive jurisdictional court of first instance for lawsuits and disputes arising between Individuals and the Company. The governing law of this Agreement shall be the law of Japan.

 

 

Article 19 (Invalidity)

 

If any provision of this Agreement is found void or unenforceable for any reason, it shall not affect or impair the enforceability of the other provisions.

 

 

Article 20 (Inquiries)

 

Individuals may submit questions, concerns, etc. regarding the operation of the Website, Application or Services through the following contact information.

 

MTJ Co., LTD
 

Address: 3F Akasaka Sakae Bldg., 2-14-7 Akasaka, Minato-ku, Tokyo, 107-0052, Japan

 

Phone number: We will disclose without delay if requested.

 

E-mail: mtjtokyo@mtj-corp.com

 

Established on: October 27, 2023

 

 

 

 

 

 

 

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