These terms and conditions of use ("Terms and Conditions") set forth the terms and conditions between EXest inc. ("Company") and any and all users, including, without limitation, Guides, in connection with their use of any services or features of “WOW U” (the "Service"), a Service provided by the Company.
Ⅰ About the Service
1. Purpose of the Service
This Service aims to match Guides (who are Interpreter Guides or are individuals who qualify as such, as deemed by the Company) who plan tours of Japan that convey its charm with international travelers who wish to experience the appeal of Japan.
In these Terms and Conditions, the following defined terms shall have the meanings set forth below.
2.1 "User(s)" means any and all users who use the Service, including guides and users.
2.2 "Activity" means the planning and undertaking of trips provided by the Guide.
2.3 "Activity Price" means the remuneration to be paid to the Guide as identified by the Guide.
2.4 "Guide(s)" means Users who hold the qualifications of the Interpreter Guide or are individuals who qualify as such, as deemed by the Company, and provide the Activity to other Users through the Service.
2.5 "Interpreter Guide" means the national qualifications to attend and provide guide services under the Japanese interpreter guide professional law, or similar qualifications in other countries (provided, however, if there is no such equivalent qualification and the Company deems the position and situation of an individual is suitable for the job of an interpreter guide, the Company shall deem such individuals to be considered an Interpreter Guide).
3. Consent to Terms and Conditions
3.1 All Users shall use the Service in accordance with the terms and conditions stated in these Terms and Conditions. Users may not use the Service unless they validly and irrevocably agree to these Terms and Conditions.
3.2 Minors may use the Service only with consent from their parents or legal guardians. Furthermore, if Users use the Service on behalf, or for the purposes, of a business enterprise, then such business enterprise must also agree to these Terms and Conditions.
3.3 By actually using the Service, Users are deemed to have validly and irrevocably agreed to these Terms and Conditions.
4. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to Users. Such modifications will become effective once the modified Terms and Conditions are posted on an appropriate location on the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
5. Content Rights
5.1 The Company retains any and all copyrights (including the rights set forth in Articles 27 and 28 of the copyright law of Japan and other rights, hereinafter referred to as "Copyright"), intellectual property rights such as patent rights, utility model rights, design rights, trademark rights (including the right to obtain those rights or to apply for registration etc. for those rights, such rights collectively referred to as "Intellectual Property Rights") and any and all other rights in the texts, images including photographs, videos, programs and any and all other content provided in the Service in connection with the Service.
5.2 The User shall grant to the Company a royalty-free right to use the texts, images including photographs, videos, programs and any and all other content they submit to the Service, without limitation on the region or time period, for the Company's non-commercial purposes only. In this case, the User agrees to not assert their moral rights to the Company or a third party designated by the Company.
Ⅱ User’s Rights and Obligations
6.1 When registering information about themselves in using the Service, Users agree to provide truthful, accurate and complete information, and agree to update such information as necessary.
6.2 When registering a password when using the Service, the User shall strictly manage the security of such information so that it cannot be used illegally. The Company can deem any action taken by using the registered password as the action of the User themselves.
6.3 Users who have registered for the Service may cancel their account at any time by deleting their accounts.
6.4 If the Company determines that a User is or may be in breach of the Terms and Conditions, the Company may suspend or delete the User’s account without notifying the User in advance.
6.5 The Company may delete accounts that have not been accessed for over 1 year without notifying the User in advance.
6.6 All User’s rights of the Service are extinguished when the account is deleted for any reason. Please note that accounts can not be recovered even if the User erroneously deletes their account.
6.7 Each account registered for the Service is personal and exclusive to the respective User. No right of the User to the Service can be transferred or loaned to, or inherited by, a third party.
8. About Providing the Service
8.1 The User is responsible for any necessary equipment to use the Service, including, without limitation, a personal computer, a mobile phone, communication equipment, operation systems, other communication means and electricity, etc. at User's expense and responsibility.
8.2 The Company may offer the Service (in whole or in part) only to Users who satisfy the conditions that the Company deems necessary, including, without limitation, age, the presence or absence of identity verification, the presence or absence of registration information, and other conditions.
8.3 At the Company's discretion, the Company may change the contents of the Service (in whole or in part) at any time without notice to the Users, or suspend the Service.
At the time the agreement for the Activity is concluded, the User is deemed to have procured the insurance prescribed by the Company. The expense of insurance shall be included in the Activity Price. For details on insurance, please review the information that the Company sends by email or chat after the agreement for the Activity is concluded.
Users acknowledge that the fee paid to Guides does not include their own traveling expenses, accommodation expenses and other expenses.
The Company may serve its own or third-party advertisements on the Service.
Users shall not engage in the following when using the Service:
12.1 Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding;
12.2 Activities that may hinder public order or customs;
12.3 Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, moral rights, privacy rights, and all other rights of the Company and/or a third party granted by the law or contract;
12.4 Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-harming behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others;
12.5 Activities that lead to the misrepresentation of the Company and/or a third party, or the intentionally spreading of false information;
12.6 Activities that transmit messages indiscriminately to numerous Users (except for those approved by the Company), or any other activities deemed to be spam by the Company;
12.7 Activities that monetize the right to use the content in the Service into cash, property or other economic benefits in a manner that is authorized by the Company;
12.8 Activities that use the Service for: (i) sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); (ii) the purpose of sexual conducts or obscene acts; (iii) the purpose of meeting an otherwise unknown person for sexual encounters; (iv) the purpose of harassing or making libelous attacks against other Users; and (v) purposes other than the Service's intended purposes;
12.9 Activities that benefit or collaborate with anti-social groups;
12.10 Activities that are related to religious activities or invitations to religious groups;
12.11 Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, etc.;
12.12 Activities that: (i) interfere with the servers and/or network systems of the Service; (ii) abuse the Service by means of BOTs, cheat tools, or other technical measures; (iii) deliberately use defects of the Service; (iv) make unreasonable inquiries and/or undue claims such as repeatedly asking the same question beyond reason; and (v) interfere with and negatively affect the Company's operation of the Service or Users' use of the Service;;
12.13 Activities that aid or encourage any activity stated in Section 12.1 through 12.2 above; and
12.14 Other activities that are deemed by the Company to be inappropriate.
13. User’s Rights and Obligations
13.1 Users may choose Activities from this website. If the User wishes to participate in the Activity, the User fills out the Activity reservation form online in accordance with the Company's instructions.
13.2 The User shall pay the Activity Price in a manner specified by the Company.
13.3 An agreement regarding the Activity between the Guide and the User ("Activity Agreement") shall be established directly between the Guide and the User when the Guide approves the reservation. The Company will NOT be a party to the Activity Agreement.
14.1 The User shall pay the Activity Price set forth by the Guide to the Company.
14.2 The Company will pay the Activity Price to the Guide, deducting the fee for the Guide's use of the Service.
The User can cancel Activity Agreements free of charge up to 14 days before the scheduled date of the Activity (Japan time) and will be refunded the full amount. If the User cancels the Activity Agreement after this deadline, refunds will not be possible.
III Guide’s Rights and Obligations
16. Guide Registration
16.1 The Guide shall post an introduction about themselves and information on the Activity provided by them on the website according to the Company's instructions.
16.2 The Guide shall make reasonable efforts to respond to any User inquiries within 24 hours after such User fills in the reservation form.
17. Guide’s Rights and Obligations
17.1 The Guide will determine the Activity and Activity Price at their own responsibility.
17.2 The Guide shall NOT delegate their Activity (in whole or in part) to a third party including other Guides, unless the Company provides its prior written consent.
17.3 Guides shall NOT circumvent the Service by attending, or providing guide tours, to Users they met using the Service outside of the Service.
17.4 In the case of breach of Sections 17.2 or 17.3, the Guide shall pay to the Company as penalty two times the highest amount identified by the Guide per User multiplied by the number of Users who were supposed to have participated in the Activity.
18. Guide’s Restrictions
Guides shall not engage in the following when using the Service:
18.1 Having a third party (including other Guides) serve as substitutes in the Activity, without prior written consent by the Company.
18.2 Communicating with Users outside this Service after using this Service.
19. Guide’s Responsibilities
19.1 The Guide shall not change the cancellation policy or any other conditions regarding the Activity specified in the Terms and Conditions or set forth by the Company, without the Company’s prior consent.
19.2 In the event of a force majeure (meaning all reasons the Guide cannot reasonably control, including fire, storm, flood, earthquake, war, acts of terrorism and all other natural disasters), the Guide must communicate with the User, and must make all reasonable efforts to reschedule the Activity. If the User agrees to reschedule the Activity (including all conditions such as date and time, price etc.), the Guide will promptly notify the Company of the details. (If the revised price is lower than the original price, the Company will refund the difference to the User.) If the Guide and User are unable to agree on rescheduling after such efforts, the Guide can cancel the Activity Agreement without penalty; provided, however, the Guide shall notify the Company immediately regarding such cancellation. The User hereby acknowledges the Guide's cancellation right set forth in this Section. If there is a dispute between the Guide and User regarding the existence of a force majeure, the parties agree to comply with the Company’s judgment.
19.3 Except as set forth in Section 19.2, the Guide shall not cancel the Activity Agreement after the Activity Agreement is concluded.
20. The Company's Limited Liability
20.1 The Company does not expressly or impliedly guarantee that the Service (including the contents) are free from de facto or legal defects (including but not limited to stability, reliability, accuracy, completeness, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
20.2 The Company shall not be responsible for any and all damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to these Terms and Conditions) between the Company and Users regarding the Service shall be deemed a consumer contract under the Consumer Contract Law in Japan, then this Section shall not apply.
20.3 Notwithstanding Section 20.2 above or as otherwise agreed in writing, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's acts of default or tort due to the Company's negligence (except for gross negligence). The maximum compensation for ordinary damages in respect to the Company's acts of default or tort due to the Company's negligence (except for gross negligence) shall be limited to the amount of fees received from the User in the particular calendar month in which such damages occurred.
21.1 When the Company contacts Users regarding the Service, the Company may use any method that the Company deems appropriate, such as posting on the website operated by the Company.
21.2 When Users contact the Company regarding the Service, Users shall use the customer inquiry form available on the website operated by the Company, or other means designated by the Company.
22. Governing Law
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions ("Japanese Version"), the Japanese Version will govern the relationship between Users and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any such translation.The Terms and Conditions will be governed by the laws of Japan.
Conflicts that arise from or are related to the Service and arise between Users and the Company will be governed by the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court, as the court of first instance.