Terms of service

General Rules

The web site "STAY JAPAN" (hereinafter called "the Site" to refer generally to the PC version, mobile phone version and mobile device version of the application) which is operated using an online platform provided by TOMARERU, Inc. (hereinafter "the Company") is a service (hereinafter, "the Service") providing a system for matching people offering accommodation for rent with people wishing to use said accommodation, and the Site and the Service are provided on the basis of the following terms of use (hereinafter, "the Terms of Use"). In the event of discrepancy between the English version and the Japanese version of the Terms of Use, the Japanese-language version shall prevail.

Article 1(Application of the Terms of Use)

These Terms of Use apply between STAY JAPAN members and the Company, in relation to all of the Services operated by the Company. By using this Service, the STAY JAPAN member agrees to all of the items in these Terms of Use, including separate regulations.

Article 2(Definitions of terminology used)

1. A "STAY JAPAN member" is an individual or group registered as a member at the Site after having agreed to the Terms of Use.

2. A "Host" is a member of the Site who offers the Registration Service.

3. A "Traveller" is a member of the Site who makes use of the Registration Service.

4. The "Registration Service" is a service offered to Travellers by Hosts registered at the Site.

5. A "Transaction" is the user agreement concerning the concluded Registration Service between the Traveller and the Host through the Site.

Article 3(Membership qualification and membership registration procedure)

1. An individual or group which carries out the membership registration procedure prescribed by the Company after the agreement to the Terms of Use, is qualified as a STAY JAPAN member when the membership registration procedure is completed. The person who is actually to become a STAY JAPAN member should carry out the membership registration procedure. Registration for membership by a representative is not allowed, in principle, except for cases approved by the Company. Furthermore, persons under legal 18 age cannot register as members at the Site. Registration may be refused in cases where membership is deemed inappropriate by the Company, at the Company's discretion.

2. In addition, the Company may refuse registration or suspend an account in cases where any of the following reasons are applicable to a party who has applied for registration on the aforementioned basis.

(1) Actions prohibited by the Terms of Use.

(2) Infringement of the Terms of Use or risk of such an infringement in the view of the Company.

(3) Any falsehoods, errors or omissions in all or part of the registration items sent to the Company.

(4) Registration with the Service rescinded on a previous occasion.

(5) Underage persons, adult wards, warantees or persons under assistance who do not have the consent of their legal representative, guardian or assistant.

(6) Antisocial forces, etc, (meaning any persons associated with violent gangs, gang members, right-wing groups, antisocial forces, etc. (Same applies below.)) or parties considered by the Company to be in any way involved with or contributing to antisocial forces by, for instance, cooperating in or contributing to the support, operation or management of antisocial forces, etc. by providing finance or in any other fashion.

(7) Any other party deemed by the Company to be inappropriate for registration.

Article 2(Definitions of terminology used)

1. A "STAY JAPAN member" is an individual or group registered as a member at the Site after having agreed to the Terms of Use.

2. A "Host" is a member of the Site who offers the Registration Service.

3. A "Traveller" is a member of the Site who makes use of the Registration Service.

4. The "Registration Service" is a service offered to Travellers by Hosts registered at the Site.

5. A "Transaction" is the user agreement concerning the concluded Registration Service between the Traveller and the Host through the Site.

Article 3(Membership qualification and membership registration procedure)

1. An individual or group which carries out the membership registration procedure prescribed by the Company after the agreement to the Terms of Use, is qualified as a STAY JAPAN member when the membership registration procedure is completed. The person who is actually to become a STAY JAPAN member should carry out the membership registration procedure. Registration for membership by a representative is not allowed, in principle, except for cases approved by the Company. Furthermore, persons under legal 18 age cannot register as members at the Site. Registration may be refused in cases where membership is deemed inappropriate by the Company, at the Company's discretion.

2. In addition, the Company may refuse registration or suspend an account in cases where any of the following reasons are applicable to a party who has applied for registration on the aforementioned basis.

(1) Actions prohibited by the Terms of Use.

(2) Infringement of the Terms of Use or risk of such an infringement in the view of the Company.

(3) Any falsehoods, errors or omissions in all or part of the registration items sent to the Company.

(4) Registration with the Service rescinded on a previous occasion.

(5) Underage persons, adult wards, warantees or persons under assistance who do not have the consent of their legal representative, guardian or assistant.

(6) Antisocial forces, etc, (meaning any persons associated with violent gangs, gang members, right-wing groups, antisocial forces, etc. (Same applies below.)) or parties considered by the Company to be in any way involved with or contributing to antisocial forces by, for instance, cooperating in or contributing to the support, operation or management of antisocial forces, etc. by providing finance or in any other fashion.

(7) Any other party deemed by the Company to be inappropriate for registration.

Article 4(Entering member information)

In the membership registration procedure, the required information must be entered accurately and truthfully. STAY JAPAN members who have not a registered citizen in Japan will be asked to show their passport for personal identification at the time of the facility use.

Article 5(Password management)

The STAY JAPAN member is responsible for managing his/her password suitably to ensure that it is not revealed to another party, and should change password periodically. When it is confirmed by the Company's prescribed method that the input email address and password match a record registered with the Company, then it is considered that the Service is being used by the member, and in such cases, the Company will bear no responsibility whatsoever for any losses, etc. arising from fraudulent or illegitimate use, or other use of the Service by a person other than the member except the Company acted intentionally or in any similar way that lead to the leakage or misrecognition of the password.

Article 6(Changing membership registration information)

If there has been a change in the registered information, the STAY JAPAN member should immediately proceed to change the information by the method prescribed by the Company. The Company will bear no responsibility whatsoever for any loss, etc. caused by the STAY JAPAN member failing to change information appropriately. Furthermore, even after information has been changed, any Transactions started before registering the change will be carried out on the basis of the information before registering the change.

Article 7(Contents of the Service)

During the valid membership period, a STAY JAPAN member is able to use the Service in accordance with the method stipulated by the Company, within the scope of the objects of the Terms of Use and without infringing these Terms of Use.

Article 8(Withdrawing membership)

In order to withdraw from the Service, the STAY JAPAN member should follow the withdrawal procedure prescribed by the Company, without delay. Upon completion of the prescribed withdrawal procedure, the STAY JAPAN member is withdrawn from the Service.

Article 9(Responsibilities)

The Company will bear no responsibility whatsoever for any of the following clauses except the Company acted intentionally or in any similar way ending in one of the following clauses.

1. The Service operated by the Company provides a system for exchanging and matching information relating to accommodation between STAY JAPAN members which does not include however the exchange between the Host and Traveller concerning the Registration service or alike. Therefore, the Host is responsible for all registered information and the Company is not accountable in any way for the veracity of the published information.

2. The STAY JAPAN member is responsible for checking, at his/her own expense, that use of the Service does not conflict with any laws, or internal business regulations etc., which may apply to the STAY JAPAN member, and the Company gives no undertaking whatsoever that the use of the Service by the STAY JAPAN member complies with laws, or internal business regulations, etc. which may apply to the member.

3. Even if a link from the Company's web site to another web site or a link from another web site to the Company's web site is provided, the Company bears no responsibility whatsoever for any web site other than the Company's web site, or information obtained from any other web site, for any reason.

4. The Company has no duty to modify or amend the Service in cases where the device, equipment or software used by the STAY JAPAN member is not suitable for using the Service.

5. The Company will bear no responsibility whatsoever for any losses caused by interruption, delay or suspension of the system provided by the Service, due to a performance problem or fault in the software or hardware, or illegitimate access, etc.

6. The Company cannot guarantee that emails or web content sent by the Company in relation to the Service will be free from harmful content, such as computer viruses.

7. The Company may provide the STAY JAPAN member with information and advice, as appropriate, and the Company bears no responsibility for said information and advice.

8. The Company will not be liable in any way for the cost of the equipment and communications circuits required by the STAY JAPAN member to use the Service.

9. The Company will bear no responsibility whatsoever for losses unrelated to the Company, such as losses caused by infringement of the Terms of Use by the member, losses which are the responsibility of the member, or losses caused by an act of nature.

10. The Company does not provide any guarantee that a Transaction made by a STAY JAPAN member using the Service will satisfy the member's wishes or prove useful.

11. Aside from the items described above, the Company will bear no responsibility, in principle, for any losses incurred by a STAY JAPAN member in using the Service. If, through intent or negligence by the Company in the operation of the Site as stated in the main paragraph, the Company causes the STAY JAPAN member to suffer a loss, then the Company guarantees to compensate the STAY JAPAN member up to the value of the Transaction giving rise to said loss, only in respect of direct and normal losses caused to the STAY JAPAN member by the Company.

Article 10(Prohibitions)

Members are prohibited from the following actions in using the Service.

1. Actions contravening the Terms of Use, the law or other regulations, etc. set by the Company.

2. Actions which impinge on or might impinge on the rights, reputation, etc. of the Company or a third party.

3. Sending information, etc. to the Company by masquerading as another person.

4. Using the Site for a purpose other than the original intended use.

5. Actions which contravene or might contravene public order and morals.

6. Sending or inputting harmful computer programs, etc.

7. Lending, transferring or reselling a password to a third party, or sharing a password with a third party.

8. Multiple membership registration applications made by the same member.

9. Registering another party's premises without consent.

10. Continuous posting or other senseless actions, etc. which is regarded as "trolling"

11. Placement or promotion of spam sites or malware sites in messages between Host and Traveller.

12. Invitations to groups, services or activities judged by the Company to be unrelated to the Service.

13. Transactions between STAY JAPAN members conducted outside the Service, based on information provided by the Service.

14. Using information about another STAY JAPAN member whose acquaintance has been made via the Service for purposes other than using the Service, or providing such information to a third party, without the express consent of the STAY JAPAN member in question.

15. Any other actions considered by the Company to be inappropriate, at the Company's discretion.

Article 11(Rescinding membership qualifications)

If the Company considers that any of the following items is applicable to a member, then the Company will cease to license use of the Service, and without prior notice, will proceed to rescind the membership qualifications of the STAY JAPAN member, withdraw the STAY JAPAN member, stop all or a part of the STAY JAPAN member's use of the Service and take other measures considered necessary by the Company. The STAY JAPAN member will not be able to seek clarification of the reasons for such action, or present any objections, etc., and the Company will be exempt from responsibility for any damages or loss of profits suffered by the STAY JAPAN member as a result, and no claims for damages or any other demands will be entertained in this respect.

1. Contravention of the Terms of Use, the law, etc., including past contraventions.

2. Making or allowing illegitimate use of the password and the Service.

3. In case the Company considers that there are any falsehoods or omissions, or risk of same, in the membership registration information.

4. Credit problems with credit card.

5. Participation in antisocial forces or groups committing antisocial acts, or relationship with same.

6. Providing information or content about other STAY JAPAN members to a third party, without prior agreement.

7. Other cases where the Company considers it appropriate to cease to license use of the Service, etc. at the Company's discretion.

Article 12(Suspension, interruption or abolition of the Service)

The Company may suspend, interrupt or abolish all or a part of the Service, for any of the reasons indicated below. The Company will bear no responsibility whatsoever for any losses incurred by STAY JAPAN members or third party as a result. Furthermore, if the Company is to suspend, interrupt or abolish the Service, a notification to this effect will be issued in advance on the Site, although this may not apply in the case of an emergency.

1. Periodic or emergency maintenance or inspection of the system in order to provide the Service.

2. An emergency situation, such as natural disaster, fire, power cut, etc. that leads to the Service’s operation to be impossible.

3. The Service cannot be provided due to illegitimate access to the Service by a third party, or harmful computer program, etc.

4. The Service cannot be provided due to legal procedures, etc.

5. Other cases considered inevitable by the Company.

Article 13(Settlement of disputes)

1. The Site serves to establish direct Transactions between Hosts and Travellers in relation to the Registration service, and any dispute between a Host and a Traveller is to be resolved between the affected parties. The Company will bear no responsibility whatsoever in relation to disputes between Hosts and Travellers regardlessly if there was any relation to the Service or not.

2. In addition to the preceding item, if a STAY JAPAN member receives a claim from another member, or another third party, in relation to the Service, or if a dispute arises between these parties, the relevant details are to be reported immediately to the Company, the claim or dispute is to be settled at the STAY JAPAN member’s expense and responsibility, and the progress and results of this process are to be reported to the Company, at the Company's request.

3. If the Company receives any claim for infringement of rights or other reasons, from another STAY JAPAN member or other third party in relation to the use of the Service by a STAY JAPAN member, then the STAY JAPAN member must compensate the Company for any amount that the Company is obliged to pay the third party on the basis of the claim.

4. In order to avoid disputes between the parties, it is recommended that the Host should adopt measures such as keeping money, valuable items, personal belongings, pets, etc. in a safe place.

Article 14(Storage of information)

The Company has no obligation to store information such as messages or other information sent and received by a STAY JAPAN member, even if such information is stored for a prescribed period of time for operational purposes, and the Company may delete such information at any time. The Company will bear no responsibility whatsoever in respect of losses caused to a STAY JAPAN member as a result of measures taken by the Company on the basis of this provision.

Article 15(Attribution of rights)

All ownership rights and intellectual rights relating to the Site and the Service belong to the Company or any party granted a licence by the Company, and a licence to use the Service on the basis of a registration as specified in the Terms of Use does not imply a licence to use the intellectual property rights of the Company, or any party granted a licence by the Company in relation to the Company's web site or the Service. A STAY JAPAN member may not, for any reason, carry out any actions which infringe or may infringe the intellectual property rights of the Company or any party granted a licence by the Company (such actions including, but not being limited to, reverse assembly, reverse compiling and reverse engineering).

Article 16(Personal information)

The Company will manage the STAY JAPAN members' personal information in accordance with the separately detailed the policy on the protection of personal information, and STAY JAPAN members will agree to this policy. The Company may create and use statistical data in a format which conceals individual identities, on the basis of the personal information of the members.

Article 17(Publication of advertisements)

The Company may publish advertisements considered appropriate to the Site, at the Company's discretion. The Company will bear no responsibility whatsoever for losses incurred by members, etc., or third parties, as a result of advertisements published on the Site.

Article 18(Modification of the Terms of Use)

The Company may modify the present Terms of Use, as it sees fit, or stipulate supplementary terms, without the consent of the STAY JAPAN members. The changed Terms of Use will be considered effective from the moment of publication on the Site providing the Service, except for cases stipulated separately by the Company. If a STAY JAPAN member uses the Service after changes to the Terms of Use, or has not carried out a registration withdrawal procedure within a period of time stipulated by the Company, then the STAY JAPAN member is considered to be in agreement with the changed Terms of Use.

Article 19(Transfer of the Terms of Use, etc.)

1. The STAY JAPAN member may not, without prior written consent from the Company, transfer, convey, or entrust to a third party, or otherwise dispose of, the contractual position between the Company and the STAY JAPAN member based on the Terms of Use or the rights and obligations deriving from the Terms of Use.

2. If the business relating to the Service is transferred to another company, the Company may, in accordance with said transfer of business, transfer the contractual position between the Company and the STAY JAPAN member based on the Terms of Use, the rights and obligations deriving from the Terms of Use, and the registration items relating to the STAY JAPAN member and other customer information, to the transferee, and the STAY JAPAN member agrees in advance to this provision relating to transfer. The transfer of business stipulated in this provision relates not only to normal transfer of business, but also includes segregation and any other case of transfer of the business.

Article 20(Separability)

If any provision of the present Terms of Use or a part thereof is considered to be invalid or unenforceable due to consumer contract laws or other legislation, the remaining stipulations of the Terms of Use and the remaining portions of stipulations considered to be partially invalid or unenforceable will continue to have full validity, and the Company and the members will make efforts to maintain the essence of the invalid or unenforceable provisions or portions, and guarantee similar legal and economic effects, by applying appropriate legislation to the invalid or unenforceable provisions or portions to revise same as necessary in order to achieve enforceability.

Article 21(Applicable laws and competent courts)

These Terms of Use are subject to the law of Japan. In respect of any disputes between a STAY JAPAN member and the Company in relation to the Terms of Use, the Tokyo District courts will be the first agreed exclusive jurisdictional authority.

- Individual regulations for Travellers

Travellers are subject to these individual regulations for Travellers, in addition to the Terms of Use.

1. Services

The Site merely provides a system for conducting Transactions between Hosts and Travellers, and does not guarantee the accuracy or veracity of the information provided by Hosts, or the fairness or legality of Transaction details, and does not promise the success of the Transaction. The Traveller is responsible for Transactions he/she conducts with Hosts. Any circumstances which might hinder the Traveller's use of the property, such as allergies, should be reported to the Host and acknowledged by the Host. The Traveller acknowledges and agrees that the Host will charge, to the Traveller's credit card, the Transaction fee published on the Site (called "Transaction Fee" below), as a cost of the registration service, upon making a reservation.

2. Establishing a Transaction

A Transaction is established when a Host acknowledges a reservation request from a Traveller and sends the relevant information to the Company. The settlement agent or other service designated by the Company will be used to settle credit card payments for Transactions conducted via the Site.

3. Modifying and cancelling a Transaction

Cancellation of an established Transaction may give rise to a cancellation fee charged to the Traveller in accordance with the Company's prescribed cancellation policy, depending on the timing of the cancellation.

Furthermore, the Company has no obligation to check whether the cancellation is due to the circumstances of the Host or the circumstances of the Traveller. The settlement of individual conditions will be carried out between the Traveller and the Host and will not be taken responsibility of whatsoever by the Company.

If a Transaction fee is to be refunded due to cancellation or suspension of the Transactions, etc., then after completion of the procedure by the traveller in accordance with the method stipulated by the Company, in principle, the Company will proceed with the refund until the end of the cancellation month’s following month, but depending on the circumstances of the credit card company, etc., repayment to the Traveller may be delayed, and the Traveller acknowledges this is in advance. Furthermore, charges relating to refunds are to be borne by the Traveller.

The Traveller acknowledges in advance that the Host may cancel a Transaction via the Service after establishment of a Transaction, and the Traveller may not claim compensation for losses from the Company in respect of such a cancellation.

The Traveller acknowledges in advance that, in cases where the Traveller suffers losses due to the circumstances of the Host, the Traveller may not be able to claim compensation for losses from the Host, over and above the Transaction fee of the Transaction giving rise to said losses. Furthermore, the Host bears no responsibility whatsoever for losses caused by the Traveller's failure to give a notification in relation to a reservation. In any case, the Company has no obligation to implement restorative measures in respect of losses suffered by the Traveller, apart from the details stipulated in the Cancellation policy

4. Tax

The Traveller is responsible for paying and dealing with consumption tax and other taxes relating to the Traveller in connection with the Service, at the Traveller's expense, and this issue is no concern whatsoever of the Company.

5. Prohibition of transfer and resale

Transfer or resale to a third party of the rights and obligations deriving from an established Transaction, and the contractual position in respect of the Transaction, is prohibited. If the Company considers that either of these acts has been committed, or that there is a possibility thereof, the Company may invalidate the Transaction and refuse to repay the Transaction fee. The Company will bear no responsibility whatsoever in respect of any problems arising from the transfer or resale of a Transaction from a corporation or individual other than the Site.

6. Commitments of traveller in using the Service

In using the Service, the Traveller commits to be truthful in respect of all items stipulated in these individual regulations for Travellers, and any declarations made during use of the Site, and if the Company, or a STAY JAPAN member, or another third party should suffer losses as a result of a lack of accuracy of truthfulness in said items/declarations, the Traveller has the obligation to compensate the affected party in respect of the entire losses suffered.

7. Insurance

In using the Service, the Traveller agrees with the Company contracting liability and personal injury compensation insurance or alike for the Traveller. With the Company as the policy owner, the Traveller will be issued as the insured person and entrusts the Company with the insurance payout claim rights of the Traveller’s compensation insurance.

- Individual regulations for Hosts

Hosts are subject of these individual regulations for Hosts in addition to the Terms of Use.

1. Services

The Site merely provides a system for conducting Transactions between Hosts and Travellers, and does not guarantee the accuracy or veracity of the information provided by Travellers, or the fairness or legality of Transaction details and does not promise the success of the Transaction resulting in the Host being responsible of the Transaction between him/her and the Traveller.

2. Premises publication

1. The Host can publicate his/her premises on the Site through the Registration service which applies to the following items:
a. Accommodation service in which the Host can offer his/her premises that received a license according to the Hotel Business law article 3 regulated as an accommodation facility
b. Aside from the item described above, accommodation services in the listings that make the hotel business set forth in the Hotel Business Law by using the property is permitted by law (includes National Strategic Special Zones Law)
c. Services providing activities of farmer or fisherman lifestyle in rural area. (The host can receive compensation only for rural life experience or the actual cost of meals and the actual cost of consumables. The host cannot receive compensation intended to profit with respect to accommodation. In the prefectures guidelines for the service have been established, it will be limited to facilities that have implemented the appropriate procedures in accordance with the guidelines.)
d. Aside from the item described above, accommodation services that are provided in a range that does not conflict with the Hotel Business Law and other laws and regulations.( Including those that are deemed public highly accommodation that corresponds to the lack of accommodation at the time of the event held.)

2. In case the Company received a request the publish the Registration service offered by the Host through the procedures stipulated by the Company, the Company will examine whether the concerned Registration service’s publication on the Site is suitable and whether it fulfills the conditions of the items described above. Depending on the examinations results and in case the Company considers the concerned Registration service to be suitable for the publication on the Site, the concerned Registration service will be publicated on the Site.

3. The Host will not be able to seek clarification of the reasons for the examination results, or present any objections, etc., and the Company will be exempt from responsibility for any damages or loss of profits suffered by the STAY JAPAN member as a result, and no claims for damages or any other demands will be entertained in this respect.

3. Publication plan

At the time when the Host requests the Registration service to be registered on the Site, the Host will select a publication plan or any separate plan which will be applied in accordance to the Company’s agreement.

4. Rescinding membership qualifications

Aside of the regulations of the Terms us Use article 11, if the Company considers that any of the following items is applicable to the Host, then the Company will cease to license use of the Service, and without prior notice, will proceed to rescind the membership qualifications of the STAY JAPAN member, withdraw the STAY JAPAN member, stop all or a part of the STAY JAPAN member's use of the Service and take other measures considered necessary by the Company. The Host will not be able to seek clarification of the reasons for such action, or present any objections, etc., and the Company will be exempt from responsibility for any damages or loss of profits suffered by the STAY JAPAN member as a result, and no claims for damages or any other demands will be entertained in this respect.
1. Confirmation that the Registration service registered on the Site does not fulfill the conditions described in paragraph 2 number 1
2. Negligence towards the payment obligation towards the Company concerning publication fees and host services fees, etc.
3. Remarkable claims by the Traveller concerning the Transaction between the Traveller and the Host

5. Insurance

By using the Service, the Host agrees with the Company contracting the Host as the insured person in an insurance agreement.

End


Revised/Enacted June 15, 2016 TOMARERU, Inc.

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