These Terms of Use (hereinafter referred to as the "Terms of Use") These Terms of Use (hereinafter referred to as the "Terms of Use") define the terms and conditions of the Service and the relationship of rights and obligations between the Company and all registered users. In order to use the Service, you must read and agree to the Terms of Service in its entirety.
The following terms used in this Agreement shall have the meanings set forth below.
(1) "Service Usage Contract" means this Agreement and the contract for use of the Service between the Company and a Registered User.
(2) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). (2) "Posting Data" means any data or information that you post on the Site.
(3) "Posted Data" means any content (including but not limited to text, images, video and other data) posted or otherwise transmitted by Registered Users using the Service. (3) "Posted Data" means content (including but not limited to text, images, video and other data) posted or otherwise transmitted by registered users using the Service.
(4) "Company" means TANGLE Inc.
(5) "Company's website and application" means the website operated by the Company whose domain is "https://app.tomogo-travel.com/" (in the event that the domain, application or content of the Company's website is changed for any reason, this includes the website after such change). (If the domain, app or content of our website is changed for any reason, this includes the website after such change). means the website operated by the Company (including the website after such change if the domain, application or content of the Company's website is changed for any reason). Apps named "TOMOGO!" and "TOMOGO! for Tour Leader".
(6) "Registered User" means an individual or corporation that uses the Service (Guest Member) in accordance with Article 3 (Registration). (7) "Registered User" means a user (Tour Leader) individual or corporation who has pre-registered for the Service in the manner prescribed by the Company, or a Tour Leader who is in the pre-registration screening status. The term "Tour Leader" shall also be used on the Company's website and application.
(7) "Service" means the service provided by the Company under the name "TOMOGO!
A person who wishes to use the Service (hereinafter referred to as "Prospective User") shall comply with these Terms of Use.
A person who desires to use the Service (hereinafter referred to as "Prospective User") agrees to comply with these Terms of Use and provides certain information as determined by the Company (hereinafter referred to as "Registration Items") 2. The Company will register the applicant for use of the Service in accordance with the Company's standards.
The Company shall determine whether or not to register the applicant who has applied for registration in accordance with the Company's standards in accordance with Paragraph 1 (hereinafter referred to as the "Registration Applicant"); and If the Company approves the registration, the Company will notify the applicant of such approval. The registration of the applicant as a registered user shall be deemed to have been completed upon the Company's notification in accordance with this section. 3.
Upon completion of the registration as stipulated in the preceding paragraph, a service use agreement will be established between the registered user and the Company, and the registered user will be able to use the Service in accordance with these Terms of Use.
The Company may refuse registration or re-registration of a registered user for any of the following reasons, and shall not be obligated to disclose any reason for such refusal.
(i) When all or part of the registration information provided to the Company is false, erroneous, or omitted.
(ii) In the event that the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of his/her legal representative, guardian, curator, or assistant.
(iii) If you are an anti-social force, etc. (meaning organized crime groups, organized crime group members, right wing groups, anti-social forces, or other similar persons. The same shall apply hereinafter). (iii) If the Company determines that the applicant is an anti-social force, etc. (meaning organized crime groups, organized crime groups, right-wing groups, anti-social forces, or other similar persons; the same shall apply hereinafter), or is involved in any interaction or involvement with anti-social forces, etc. such as cooperating or participating in the maintenance, operation or management of anti-social forces, etc. through funding or otherwise
(iv)The Company determines that the prospective registrant has violated a contract with the Company in the past or is related to such a person.
(v) If the applicant has been subjected to any of the measures stipulated in Article 11.
(vi) In any other cases where the Company deems the registration is not appropriate.
Registered Users shall notify the Company of any change in the registered information without delay in a manner determined by the Company.
Registered Users shall, at their own responsibility, properly manage and store their passwords and user IDs for the Service, and shall not allow any third party to use them, or lend, transfer, transfer, change the name of, sell, or otherwise dispose of them.
the registered user shall be responsible for any damages caused by inadequate management of the password or user ID, errors in use, or use by a third party, and the Company shall not be liable for any such damages.
Partner members who use paid services to provide content must pay service charges and other fees respectively (hereinafter referred to as "service charges, etc.").
Guest Members who use paid services are required to pay content and out-of-pocket expenses to Partner Members who provide content ("Content Consideration, etc.").("Service Charge, etc.") for such Content and other costs determined by the Company ("Service Charge, etc."). 2. shall pay to the Company the service fee for the Content (the "Service Fee, etc.").
If Content is provided, the Company shall reduce the Service Fee, etc. from the amount received from the Guest Member and pay the Content Fee, etc.
The only payment from our company to the tour leader is a transfer from Stripe to the designated account.
If a registered user delays payment of the usage fee, the registered user shall pay the Company a late fee at the rate of 15% per year.
If, after a portion of the content has been provided, the remaining content cannot be provided due to reasons attributable to the Guest Member, 100% of the fees will be collected from the Guest Member and the Company will pay the Partner Member.
If, after a portion of the content has been provided, the remaining content cannot be provided due to reasons attributable to the partner member, we will consider the situation and decide whether to pay the partner member and collect the fee from the guest member, and adjust the percentage of each amount. This will be determined in accordance with our sole discretion.
If, after a portion of the content has been provided, we deem it impossible to provide the remainder of the content due to unavoidable reasons (e.g., inclement weather), we will permit cancellation upon notice from the Partner Member. In such cases, we will take into account the percentage of content provided to determine the amount of payment due to the Partner Member and the amount of fees collected from the Guest Member. This will be determined in accordance with our sole discretion.
The cancellation procedure is completed upon receipt of the cancellation approval email from the Company.
All deadlines are based on the local time of the experience. Cancellation within 24 hours may be refundable for the following reasons Please cancel your reservation from the reservation details.
Other cases in which we deem a refund is possible.
After a reservation has been completed, the Tour Leader may cancel the provision of the relevant content by notifying the Company in the manner prescribed by the Company.
If the Tour Leader wishes to cancel after a reservation has been completed, the Tour Leader must promptly notify the Company of the reason for cancellation in accordance with the method prescribed by the Company.
With respect to the notification of the reason for cancellation referred to in the preceding paragraph, if the Company requests information regarding the reason for cancellation, cooperation in reviewing alternative proposals, or other related matters, the Tour Leader shall respond to such requests in good faith.
If the Company determines that the reason for cancellation is inappropriate, the Company may charge the relevant Tour Leader a penalty equivalent to five (5) times the price of the cancelled content.
If the Tour Leader cancels the provision of content without a legitimate reason, the Company may immediately suspend the registration of the relevant Tour Leader.
Notwithstanding the provisions of the preceding paragraph, if it is determined that the provision of content is impossible due to force majeure events, weather conditions, or other unavoidable circumstances, the Company shall accept the cancellation by the Tour Leader. In such cases, the Company shall not collect any payment from the Guest Member for the cancelled content.
Normal transactions are defined as a state in which a reservation is made between a Partner Member and a Guest Member, the Partner Member applies for the final offer, the Guest Member receives the final offer, and the Partner Member makes payment.
from the state described in the previous section, the transaction is considered to have started when the specified time is reached. When all the processes in the contents have been completed and the completion has been entered by the guest member, the partner member's contents offer has been completed and the transaction has been successfully completed.
The process of issuing and entering codes is designed to protect the safety of both the Guest Member and the Partner Member. The Guest Member is obligated to complete the content upon request from the Partner Member.
In using the Service, Registered Users shall not engage in any of the following acts or acts that the Company deems to fall under any of the following items.
(1) Actions that violate laws and regulations or are related to criminal acts.
(2) Fraudulent or threatening acts against the Company, other users of the Service, or other third parties
(3) Acts that offend public order and morals
(4) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Service, or other third parties
(5) Transmitting information to the Company or other users of the Service through the Service that falls under or is deemed by the Company to fall under any of the following
Information that contains excessively violent or cruel expressions
Information that contains computer viruses or other harmful computer programs
Information that contains expressions that defame or discredit the Company, other users of the Service, or other third parties.
Information that contains excessively obscene expressions
Information that includes expressions that promote discrimination
Information that encourages suicide or self-harm
Information that encourages the inappropriate use of drugs
Information including antisocial expressions
Information that requests the spread of information to third parties, such as chain mail, etc.
Information including expressions that may cause discomfort to others
(5) Information that aims to meet people of the opposite sex whom the user has never met.
(6) Actions that place an excessive burden on the network or system of this service.
(7) Acts that may interfere with the operation of this service
(8) Acts that illegally access or attempt to illegally access the Company's network or systems, etc.
(9) Impersonating a third party.
(10) Acts of using IDs or passwords of other users of the Service.
(11) Advertisements, advertisements, solicitations, or sales activities on the Service that are not authorized in advance by the Company.
(12) Collection of information on other users of the Service
(13) Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
(14) Actions that violate the rules for use of the Service (https://app.tomogo-travel.com/terms) posted on the Company's website.
(15) Provision of benefits to antisocial forces, etc.
(16) Actions aimed at meeting people of the opposite sex whom one has never met.
(17) Actions that directly or indirectly cause or facilitate any of the aforementioned actions.
(18) Behavior that makes the tour leader feel abusive or harassed
(19) Shouting or any other behavior that may disturb other guests or the neighborhood
(20) Exchanging personal contact information with the Tour Leader, inviting the Tour Leader to go outside of the service, or acts aimed at recruiting the Tour Leader to a company other than the Company
(21) Acts such as taking spy photographs or eavesdropping
(22) Other acts that the Company deems inappropriate
(i) In case of urgent inspection or maintenance of computer systems related to the Service
(ii) When computers, communication lines, etc. are stopped due to an accident
(iii) When this service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, or natural disaster
(iv) In any other cases where the Company deems it necessary to suspend or discontinue the Service.
The Company shall not be liable for any damages incurred by registered users based on measures taken by the Company in accordance with this Article.
All intellectual property rights related to the Company's website and the Service belong to the Company or the party that has granted a license to the Company, and the permission to use the Service under this Agreement does not imply a license to use the intellectual property rights of the Company or the party that has granted a license to the Company regarding the Company's website or the Service. The license to use the Service under these Terms of Use does not mean a license to use the intellectual property rights of the Company's website or the Service.
Registered Users represent and warrant to us that they have the legal right to post or transmit their own data and that their posted data does not infringe upon the rights of any third party.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform the Submitted Data. You also grant to other registered users a non-exclusive license to use, reproduce, distribute, create derivative works from, display, and perform any data posted or otherwise transmitted by you using the Service.
Registered Users agree not to exercise their moral rights against the Company or any person who has succeeded to or been granted rights by the Company.
(i) In the event of violation of any of the provisions of these Terms of Use
(ii) When it is found that there is a false fact in the registration information
(iii) In the event of suspension of payment, insolvency, or petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any other similar proceedings
(iv)the customer has not used the Service for 6 months or more
(v) If you do not respond to our inquiries or other communications requesting a response for 30 days or more
(vi) If any of the items in Article 3, Paragraph 4 applies.
(vii) In any other cases where we deem it inappropriate to use the Service, register as a registered user, or continue the Service Usage Contract. 2.
In the event of any of the events listed in each item of the preceding paragraph, the Registered User shall lose the benefit of time for all debts owed to the Company, and shall immediately make payment of all debts owed to the Company. 3.
the Company shall not be liable for any damages incurred by the registered user as a result of actions taken by the Company in accordance with this Article.
A registered user may withdraw from the Service and delete his/her registration as a registered user by notifying the Company in a manner prescribed by the Company.
Upon withdrawal from membership, if the registered user owes any debt to the Company, the registered user will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all debts to the Company. 3.
The handling of user information after withdrawal from membership shall be in accordance with the provisions of Article 19.
the company may change the contents of the service or terminate the provision of the service at its own convenience. In the event that the Company terminates provision of the Service, the Company shall notify the Registered User in advance. 2.
the Company shall not be liable for any damages incurred by the registered user based on actions taken by the Company in accordance with this Article.
the company does not warrant that the service will be suitable for the specific purpose of the registered user, that the service will have the expected functions, commercial value, accuracy, and usefulness, that the use of the service by the registered user will conform to the laws and regulations applicable to the registered user, or the internal rules of any industry organization, or that defects will not occur, We make no warranty of any kind. 2.
we shall not be liable for any interruption, suspension, termination, unavailability, or modification of the service by us, deletion or loss of messages or information sent by registered users to the service, deletion of registration of registered users, loss of registered data or malfunction or damage to equipment due to use of the service, or any other damages suffered by registered users in connection with the service (including but not limited to the following: loss of data or damage to equipment). (hereinafter referred to as "User Damage").
In the event that we are held liable for any reason, we shall not be liable for any compensation for such damages.
Even if we are liable for any reason, we shall not be liable to compensate for User Damages beyond the amount of compensation paid by the Registered User to us during the past 12 months, nor shall we be liable for incidental, indirect, special, future, or lost profit damages, We shall not be liable for any incidental, indirect, special, future, or lost profit damages. 4.
Registered Users shall treat as confidential any non-public information disclosed by the Company to Registered Users in connection with the Service, which the Company requires to be treated as confidential, except with the prior written consent of the Company.
The Company's handling of the Registered Users' user information shall be governed by the Company's Privacy Policy (https://app.tomogo-travel.com/privacy/), and the Registered Users agree that the Company shall handle the Registered Users' user information in accordance with this Privacy Policy. Registered Users shall consent to the Company's handling of their user information in accordance with this Privacy Policy. 2.
We may, at our discretion, use and disclose information, data, etc. provided by registered users to us as statistical information in a form that does not identify individuals, and registered users shall not object to this.
The Company may change the Terms of Use. If the Company modifies the Terms, the Registered Users who are subject to such modification will be individually notified of the material modification, and notice of other changes will be posted on the Service's website. If a Registered User uses the Service after notification of such changes, or if the Registered User does not take steps to cancel his/her registration within the period of time specified by the Company, the Registered User will be deemed to have agreed to the changes in the Terms.
Inquiries regarding the Service and other communications or notifications from Registered Users to the Company, as well as notifications regarding changes to the Terms of Use and other communications or notifications from the Company to Registered Users, shall be made in the manner prescribed by the Company.
Registered Users may not assign, transfer, pledge as security, or otherwise dispose of their positions under the Service Usage Contract or their rights or obligations under these Terms to any third party without prior written consent of the Company.
In the event of transfer of the business related to the Service to another company, the Company may transfer the position under the Service Usage Contract, rights and obligations under these Terms of Use, and registered user's registered matters and other customer information to the transferee of such business transfer, and the registered user shall be deemed to have agreed in advance to such transfer in this section. Registered Users shall be deemed to have consented to such transfer in advance in this paragraph. The business transfer stipulated in this section shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.
With respect to the provision of content, transactions and contracts are formed directly between Partner Members and Guest Members, and any disputes arising between the two parties shall be resolved by the parties concerned. The Company shall not be liable for any disputes between the parties.
The parties shall be responsible for handling disputes and shall be obligated to report the progress of disputes upon request from the Company.
If a partner member accompanies a foreign guest in Japan using a foreign language, the unqualified partner member may come into contact with the law if he/she is not a licensed interpreter guide in Japan. Please be sure to use an interpreting device or smartphone translation application.
We will not be held responsible for any contact with the above mentioned laws. Please be aware that partner members may come into contact with the law.
We are considering offering interpretation devices and applications to our partner members in the future, but the timing has not yet been determined.
In addition, if there is a possibility that the provision of services outside of Japan may come into contact with the laws of each country, both Partner Members and Guest Members shall use the services in accordance with the laws of each country.
To the extent possible, the Company will aim to implement functions in accordance with the laws of each country in which it provides services.
The Terms and Conditions and the Service Usage Agreement shall be governed by the laws of Japan. The Company agrees to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, even in cases where the purchase or sale of goods occurs in the Service. 2.
The Tokyo District Court shall have exclusive first instance jurisdiction over any and all disputes arising out of or in connection with these Terms and Conditions or the Service Usage Agreement.
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