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Huber. Terms of Use

Article 1: Scope of Application
  1. These Terms of Use (“Terms of Use”) apply to Huber. Inc. (the “Company”) and the Members defined in Article 3, Item (6), in relation to services (“Services”) provided by the Company.
  2. Individual rules the Company posts on the Company’s website or transmits by electronic mail or other means to Members constitute a part of these Terms of Use; if the contents of any individual rules conflict with these Terms of Use, the contents of the individual rules shall prevail.
  3. If consent to these Terms of Uses is not given, the Services may not be used.
Article 2: Details of the Services

The Company is a platform that provides services to match overseas travelers visiting Japan with residents of Japan through experiences provided by the TOMODACHI Guide.

The Services do not merely introduce already well-known cultural and historical tourist attractions and monuments, but also provide experiences from our daily lives and what a Guest Member seeks with the “spirit of hospitality.”

Through the provision of the Services, we will create wonderful encounters among people, transcend borders, cultures, ethnicities, religions, languages, and all differences in value, and create a world where people from around the world appreciate diversity.

Article 3: Definitions

(1) “Contents”

Means experiences and activities to be provided in Japan to a Guest by a Guide and a Support Guide through the Services.

(2) “Guest”

Means a person who uses Contents provided by a Guide through the Services.

(3) “Guide”

Means a person who creates and provides Contents or Lists to a Guest through the Services.

(4) “Support Guide”

Means a person who provides guidance to activities or interpretation during Contents or Lists, together with a Guide, through the Services.

(5) “List”

Means a collection of Contents provided by a Guide or a Support Guide.

(6) “Member”

Means a person who applies with the Company to use the Services as a Guide, Guest or Support Guide, who is approved by the Company after the completion of screening and procedures.

(7) “Guest Member”

Means a Guest who is eligible to be a Member.

(8) “Guide Member”

Means a Guide who is eligible to be a Member.

(9) “Support Member”

Means a Support Guide who is eligible to be a Member.

Article 4: Member Registration (Eligibility/Procedures)
  1. A person who consents to these Terms of Use, applies to use the Services with the Company, and who is approved by the Company after completing screening and procedures is eligible to be a Member.
  2. A person who wishes to register as a Member must understand the contents of these Terms of Use before applying to use the Services. A person who does not consent to these Terms of Use may not use the Services.
  3. Eligibility to Membership is limited to natural persons. Corporations are not eligible.
  4. Persons who can perform procedures to apply for Member registration are limited to the individuals who wish to become members themselves. In principle, registration procedures by agents are not permitted.
  5. Application for Member registration shall be carried out by entering or inputting necessary information in accordance with forms prescribed by the Company.
  6. Based on the application of the preceding paragraph, pursuant to standards stipulated in Article 6, the Company will perform screening to decide whether to approve a Member registration.
  7. If pursuant to the preceding paragraph, the Company approves a Member registration, the Company will notify the person who has applied for registration (“Registration Applicant”) by a method prescribed the Company. Procedures for Member registration will be deemed completed when the notice of this paragraph is transmitted, and with such completion of registration procedures, the Registration Applicant will become a Member.
Article 5: Amendment of Terms of Use and Notice
  1. If the Company determines necessary, without obtaining the approval of Members, the Company may amend these Terms of Use.
  2. If the Company amends these Terms of Use, notice of material amendments will be given individually to Members who will be subject to such amendments, and notice of other changes will be posted on the website of the Services. If after notice of such amendments, a Member uses the Services or does not perform procedures to cancel registration within a period prescribed by the Company, the Member shall be deemed to have consented to the amendments to these Terms of Use.
  3. Inquiries by Members to the Company and notice of amendment of rules by the Company to Members shall be carried out by methods designated by the Company.
Article 6: Member Registration Screening Standards

If the Company determines that a Registration Applicant falls under or is likely to fall under any of the following, the Company may opt to not approve the Member Registration of such Registration Applicant:

(1)If the Registration Applicant declared any matter that is not true in Member registration procedures;

(2)If the Registration Applicant is a person whose Member registration for the Services was revoked in the past;

(3)If the Registration Applicant is a minor or otherwise needs the consent of a statutory agent, guardian or another person for Member registration, but such consent has not been obtained;

(4)If the Registration Applicant is an organized crime group or other anti-social force;

(5)If the Company determines that the Registration Applicant is likely to violate these Terms of Use, or that the Registration Applicant has engaged in conduct that violates any laws or regulations of Japan; or

(6)If the Company otherwise determines that registration of the Registration Applicant is not appropriate.

Article 7: Suspension or Revocation of Member Eligibility

If the Company determines that a Member falls under or is likely to fall under any of the following, the Company may immediately suspend or cancel Member registration of such Member.

(1)If the Member violates these Terms of Use;

(2)If the Member declared to the Company any matter that is not true;

(3)If the Member is a person whose Member registration for the Services was cancelled in the past;

(4)If the Member is a minor or otherwise needs the consent of a statutory agent, guardian or others for member registration, but such consent has not been obtained;

(5)If the Member is an organized crime group or other anti-social force; or

(6)If the Company otherwise determines that registration of the Member is not appropriate.

Article 8: Notification of Changes
  1. If there is any change to a matter registered with the Company, by a method prescribed by the Company, Members shall promptly notify the Company of the details of the change.
  2. If a Member suffers any detriment because of a failure to give the notification of the preceding paragraph, the Company will not bear any liability.
Article 9-1: Use of the Services
  1. During the period the Services are in effect, Members shall have the right to use the Services in accordance with these Terms of Use, within the scope of the purpose of the same, and in a manner instructed by the Company.
  2. A Member shall at his/her own expense and under his/her own responsibility prepare and maintain an environment for Internet communication and other environment necessary to use the Services. The Member shall also at his/her own expense and under his/her own responsibility ensure a secure environment when using the Services.
  3. By methods prescribed by the Company, a Guide Member shall input personal identification information and information on the Contents he/she provides, and register the Contents with the Services. Further, if there is an inquiry by a viewer of the Services regarding Contents registered by the Guide Member, he/she shall make the utmost effort to promptly respond.
  4. By methods prescribed by the Company, a Guest Member shall input personal identification information and answers to questions about the trip, and use the Services. Further, a Guest Member shall be carried out by answering questions about the trip without any matter that is not true. A Guest Member may view information about Contents registered with the Services on an online format. If in relation to the use of the Services, it becomes necessary to pay consideration for the Contents, system use fees, out-of-pocket expenses, or so on, a Guest Member shall make payment in accordance with methods prescribed by the Company.
  5. With respect to the use of the Contents, at the point in time a Guest Member consents to an offer from a Guide Member and (in the case of fee-based services) the Guest Member pays the full amount to the Company pursuant to Paragraph 4 by methods prescribed by the Company, a reservation to use the Contents shall be deemed completed. In regard to the process to complete procedures for use reservation, please review the webpage of the Services.
  6. At the point in time the reservation to use the Contents stipulated in the preceding paragraph has been completed, an agreement regarding the use of such Contents shall be deemed to have been formed between the Guest Member and the Guide Member. In principle the Company shall not bear any liability regarding the agreement formed between the Guest Member and the Guide Member pursuant to this Article 9.
Article 9-2: Super-Guide
  1. The Company may select from among the Guide Members a person to whom the title of Super-Guide shall be given, taking into consideration the contents of and the past record in providing the Contents, the feedback from Guest Members, and other circumstances.
Article 10: Delivery of, and Management Responsibility for, IDs and Passwords
  1. The Company will issue IDs and passwords to Members of the Services.
  2. Members may not assign, loan or disclose to a third party IDs or passwords that have been issued.
  3. A Member shall bear all responsibility in regard to the use and management of his/her ID and password. Liability for any damage caused by the Member's inadequate management or erroneous use of an ID or password or third-party use of an ID or password shall be borne by the Member, and the Company shall not bear any liability whatsoever.
  4. If a Member learns that his/her ID or password has been stolen or has been improperly used by another company, he/she shall immediately contact the Company and follow the Company’s instructions.
Article 11: Handling of Personal Information of Members

The Company shall appropriately handle names, email addresses, and other personal information obtained from Members with regard to use of the Services, pursuant to these Terms of Use and the Privacy Policy separately stipulated by the Company.

Article 12: Consent to Provision of Personal Information to Third Parties

Members consent in advance to the Company’s provision of Member information to third parties as set forth below with regard to use of the Services pursuant to the Privacy Policy separately stipulated by the Company.

(1)When a Guide Member uses the Services and registers Contents, to the Company disclosing to viewers of the Services the following information necessary to identify the Contents registered by such Guide Member.
(Member information that will be provided)
IDs, nicknames, thumbnail images, user evaluations, other information regarding Contents registered by the Guide Member that the Guide Member inputs and provides on input forms stipulated by the Company.

(2)If a Guest Member answered questions about the trip stipulated in Article 9-1, Paragraph 4 of these Terms of Use.
(Member information that will be provided)
The Guest Member’s name, email address or Facebook account, other information that the Guest Member inputs and provides on input forms stipulated by the Company.

(3)If in regard to a Guide Member’s Contents provided by the Services, a Guest Member intends use the Services to carry out procedures or contact the Guide Member of such Contents, to the Company disclosing the following information to the Guide Member who is the registrant of such Contents
(Member information that will be provided)
The Guest Member’s name, telephone number, email address, other information regarding Contents that the Guest Member inputs and provides on input forms stipulated by the Company.

Article 13: Guide Member’s Duty regarding Provision of Contents

When providing Contents, a Guide Member may not entrust a third party to provide all or part of the Contents by any method other than the sharing of provision of services stipulated by the Company.

Article 14-1: Payment of Consideration etc. for Contents to Guide Members
  1. A Guide Member or a Support Member (“Guide Member etc.”) who will use the fee-based services of the Services to provide Contents must respectively pay a system use fee and other expenses, all of which are stipulated by the Company (“System Use Fee etc.”) to the Company.
  2. A Guest Member who will use the fee-based services of the Services to reserve the use of the Contents must pay consideration for the Contents and out-of-pocket expenses (“Contents Consideration etc.”) to the Guide Member etc. who provides such Contents, and pay service fees, insurance fees relating to the Contents, and other expenses stipulated by the Company (“Service Fee etc.”) to the Company. The service fee shall be (i) 15% (including consumption tax) of the consideration for the Contents subject to the use reservation (including consumption tax).
  3. The Guide Member etc. and Guest Member shall permit the Company to receive as agent of the Guide Member etc., Contents Consideration etc. that will be paid by the Guest Member pursuant to the preceding paragraph.
  4. If all of the Contents have been provided, the Company shall pay the Guide Member the amount received from the Guest Member (Contents Consideration etc. and Service Fee etc.) less the Service Fee etc. and System Use fee etc. Cases where after the Contents are partially provided the provision of the rest of such Contents becomes infeasible are stipulated in the following article.
  5. With respect to the payment to the Guide Member etc. set forth in Paragraph 4 above (“Payment to Guide Member etc.”), the minimum amount of payment through bank transfer shall be JPY5,000 per one transfer. If the amount of the Payment to Guide Member etc. is less than JPY5,000, the Company will not make such payment. Provided, however, that the amount of the Payment to Guide Member etc. shall be added together by each Contents, and the Guide Member etc. may request the Company to make the payment of the amounts so added up to that time when the sum of such amounts reaches JPY5,000.
  6. With respect to the payments to be made by the Company pursuant to the preceding two paragraphs, if all of the Contents have been provided, the Guide Member etc. may request the Company to make the payment on a system from 0:00 of the following day after completion of provision. Upon request by the Guide Member etc., the Company shall make such payment through bank transfer by 23:59 of Thursday (Japan time) of the next week of the cut-off time (which shall be 23:59 of Sunday (Japan time) of the week in which the Guide Member etc. make a request for payment) (if the payment deadline date falls on a day on which financial institutions are closed, the next business day).
  7. Payments by the Company pursuant to this Article 14-1 shall be made to the domestic financial institution account in the name of the Guide Member that the relevant Guide Member notified the Company of, at the exchange rate for the payment currency less necessary fees such as bank charges.
  8. If any payment or reimbursement of transportation cost or other cost or expense is required to be made by a Guide Member to a Support Member, such payment or reimbursement shall be made through consultation between the Guide Member and the Support Member, and the Company shall not be responsible in any way with respect to such payments.
Article 14-2: Cancellation after Commencement of Provision of Contents
  1. If after Contents have been partially provided, because of reasons attributable to the Guest Member, it becomes infeasible to provide the remainder of such Contents, such situation shall be handled in the same manner as Paragraph 4 of the preceding article, and no refund will be paid to the Guest Member.
  2. If after the Contents have been partially provided, because of reasons attributable to the Guide Member, it becomes infeasible to provide the remainder of such Contents, taking into account the proportion of Contents provided, the reason provision became infeasible, and other circumstances, the Company will in its sole discretion decide whether to make, and the amounts of, any payment to the Guide Member and refund to the Guest Member.
  3. If after the Contents have been partially provided, because of reasons unavoidable (such as natural disaster, weather), the Company determines that it becomes infeasible to provide the remainder of such Contents, the Company will permit cancellation upon notice from the Guide Member. In such case, taking into account the proportion of Contents provided, the reason provision became infeasible, and other circumstances, the Company will in its sole discretion decide whether to make, and the amounts of, any payment to the Guide Member and refund to the Guest Member.
Article 15-1: Cancellation by Guest Member

1.After completion of the use reservation stipulated in Article 9-1, Paragraph 5 of these Terms of Use, by methods prescribed by the Company, a Guest Member may cancel an agreement with a Guide Member pursuant to such use reservation. In such a case, based on the day of provision of the Contents (based on Japan Standard Time), a cancellation fee will apply as set forth below, and the Guest Member will be refunded the amount he/she paid less the cancellation fee.

Days prior to the Contents provision date (from the cancellation date)ExampleCancellation fee
(Amount of refund to Guest Member)
Up to 14 days beforeIn the case of Contents starting at 3 p.m. on May 15, cancellation by 23:59 on May 1 Japan Standard Time0% of payment amount
(Full refund)
13 days to 3 days beforeIn the case of Contents starting at 3 p.m. on May 15, cancellation between 0:00 on May 2 to 23:59 on May 12, Japan Standard Time50% of payment amount
(Refund of 50% of amount paid)
Less than 3 daysIn the case of Contents starting at 3 p.m. on May 15, cancellation after 0:00 on May 13, Japan Standard Time100% of payment amount
(No refund)

2.Refund to a Guest Member pursuant to the preceding paragraph shall be made to the PayPal account in the Guest Member’s name at the exchange rate of the payment currency after deducting fees relating to relevant payment procedures.

3.The timing of the refund to the Guest Member pursuant to Paragraph 1 shall be as follows: If the Guest Member has notified the Company of Guest Member’s remittance account with PayPal before cancellation procedures, by the 14th day after the day the Guest Member completes cancellation procedures by methods prescribed by the Company (“Guest Member’s Cancellation Date”) (if the payment deadline date falls on a day on which financial institutions are closed, the next business day), and if the Company has not been notified before cancellation procedures, by the 14th day after the day such notice reached the Company, the Company shall carry out payment procedures.

4.If pursuant to this Article 15-1 the use reservation is cancelled, if and only if a cancellation fee arises pursuant to Paragraph 1, the Company shall pay the Guide Member an amount equal to the cancellation fee less the System Use etc. If no cancellation fee pursuant to Paragraph 1 arises, no payment will be made by the Company to the Guide Member, and there will be no collection of the System Use Fee etc. from Guide Member to the Company stipulated in Article 14-1, Paragraph 1.

5.Payment to the Guide Member pursuant to the preceding paragraph shall be made by the 14th day after the Guest Member’s cancellation date (if the payment deadline date falls on a day on which financial institutions are closed, the next business day) to the domestic financial institution account in the name of the Guide Member that the relevant Guide Member notified the Company of, at the exchange rate for the payment currency less necessary fees.

Article 15-2: Cancellation by Guide Member Before Commencement of Provision of the Contents
  1. After completion of the use reservation stipulated in Article 9, Paragraph 5 of these Terms of Use, by notifying the Company of the reasons for the cancellation using methods prescribed by the Company, a Guide Member may cancel the provision of Contents pursuant to such use reservation.
  2. When providing Contents, a Guide Member must seek a Support Member out before the Contents set in. If not, a Guide Member shall notify the Company of it and the provision of Contents will be cancelled.
  3. If, pursuant to this Article 15-2, the provision of Contents is cancelled, the Company shall refund the Guest Member the full amount of the consideration for the Contents, Service Fees etc., and out-of-pocket expenses by the 14th day after the day the Guide Member completed cancellation procedures by a method prescribed by the Company. Paragraphs 2 and 3 of Article 15-1 shall apply to the method and timing of refund hereunder.
  4. If cancellation pursuant to Paragraph 1 is desired, the Guide Member must immediately notify the Company of the reasons for the cancellation in accordance with methods prescribed by the Company.
  5. If, with respect to the notice of the reasons for cancellation of the preceding paragraph, the Company requests provision of information relating to the reasons for cancellation, cooperation relating to consideration of alternative proposals, and other matters, the Guide Member shall respond to such request in good faith.
  6. If the Company determines that the reasons for cancellation given pursuant to Paragraph 4 are not valid, the Company may demand from the relevant Guide Member a penalty in an amount equal to ten (10) times the price of the Contents subject to such cancellation.
  7. If a Guide Member for no valid reason cancels Contents for which use reservation has been completed pursuant to this Article 15-2, the Company may revoke such Guide Member’s Member registration.
  8. Notwithstanding the stipulations of the foregoing paragraphs, if the Company determines that provision of Contents is infeasible due to force majeure events, weather or other unavoidable circumstances, cancellation requested by a Guide Member will be approved. In this case, as in Paragraph 3, the Company shall refund the Guest Member the full amount of the consideration for the Contents subject to such cancellation.
Article 16: Prohibited Matters

1.When using the Services, Members may not directly or through a third party engage in any act that falls under, or that is likely to fall under, any of the following:

(1)The act of providing the Company false information in relation to Member registration information;

(2)Any act that infringes on an intellectual property right, portrait right, privacy right, or any other right or interest of the Company, another Member, or a third party;

(3)A criminal act or any act that is offensive to public order or morals;

(4)The act of transmitting obscene or violent images or other information that is offensive to an ordinary person, or information that is harmful to minors;

(5)Any act that violates laws, regulations, or these Terms of Use;

(6)The act of transmitting information that includes a computer virus or other harmful computer program;

(7)Any act that tampers with information that may be used in relation to the Services, or the act of reverse engineering;

(8)Any act that causes excessive load on the server of the Services, or any act that hinders the operation of the Services or on the network or system;

(9)Any act that hinders or is likely to hinder the Company’s administration;

(10)The act of using the Services or information or materials obtained through the Services for commercial purposes or other purposes unrelated to the Services;

(11)The act of using the Services in a manner not approved by the Company;

(12)Any act that encourages or assists others to engage in illegal acts;

(13)Any act that defames or damages trust in the Company;

(14)The act of verbally abusing or threatening the Company’s staff, or any act that hinders or is likely to hinder the Company’s operations; or

(15)Any other act that the Company determines to be inappropriate.

2.If the Company determines that any act of a Member falls under any of the foregoing, without any notice to the Member, the Company may delete all or a portion of registration information of such Member. The Company shall not be liable for any damage suffered as a result of the Company’s response pursuant to this and foregoing paragraphs.

Article 17: Rights to Intellectual Property Rights
  1. Ownership, intellectual property rights, and all other rights to all data, graphs, software, materials and the like relating to the Services belong to the Company or the provider of information to the Company.
  2. The license to use the Services pursuant to Member registration stipulated in these Terms of Use is not a license to use intellectual property rights or any other rights held by the Company or the provider of information to the Company. Members must not for any reason whatsoever engage in an act that infringes or is likely to infringe on any intellectual property rights or any other rights held by the Company or the provider of information to the Company.
Article 18: Disclaimers and Indemnification
  1. The Company makes no warranties regarding matters such as the completeness, accuracy,usefulness, currency, and truthfulness of information provided by the Services. The Company shall not be responsible for any results that arise from any act that a Member carries out based on his/her judgment pursuant to information provided by the Services.
  2. The Company makes no guarantee regarding matters such as the certainty of provision of the Services or access results.
  3. If the Company is to bear liability for any reason, it shall not be liable for compensation for damage that exceeds the amount of the consideration for the related Contents. Further, the Company shall not be liable for incidental damage, indirect damage, special damage, future damage, or damage related to lost earnings and profits.
  4. The Company shall not bear any liability with respect to matters such as transactions, communication, or disputes that arise in relation to the Services between a Member and another Member or a third party.
Article 19: Change to the Content of Services

Without prior notice to Members, the Company may change the service content of the Services.

Article 20: Temporary Suspension of Services

1.If any of the following applies, without prior notice to Members, the Company may temporarily suspend the provision of the Services:

(1)When performing periodic or emergency maintenance of systems or related equipment for the provision of the Services;

(2)If provision of communication lines, power or the like the Company uses is suspended;

(3)If because of fire or power outage, the Services cannot be provided;

(4)If a natural disaster such as earthquake, typhoon, flood, tsunami or any other emergency situation occurs, or because there is a likelihood of such an occurrence, there is a demand or instruction to restrict communication under laws, regulations, or directives;

(5)If because of any other reasons, the provision of the Services becomes technically impossible.

2.Even if there is a delay or temporary suspension of the provision of the Services, the Company shall not be liable for damage suffered by a Member or a third party from the same.

Article 21: Discontinuation of the Services

With at least three months’ advance notice to Members on the website of the Services, the Company may discontinue the provision of the Services. If reservation procedures have been completed with respect to any Contents to be provided after the discontinuation of the Services, the Company shall refund to Guest Members the full amounts paid in relation to such Contents.

Article 22: Resignation
  1. If a Member intends to terminate the use of the Services (“Resign”), in accordance with methods prescribed by the Company, such Member shall notify the Company. The Company will not refund System Use Fees etc., Service Fees etc., or any other monies already received.
  2. If a Member intends to Resign under this Article 22, such Member shall immediately perform the obligation to pay the Company the System Use Fees etc. that have already been incurred at the relevant point in time.
Article 23: Handling of Disputes
  1. For the provision of Contents, a transaction and contract will be formed directly between a Guide Member and a Guest Member, and any disputes that arise between the two parties shall be resolved by the parties; the Company will not bear any responsibility regarding disputes between the parties.
  2. The parties shall be responsible for handling any disputes, and owe a duty to report the course of events of the same upon request from the Company.
  3. If, in connection with a Member’s use of Services, any other third party (including other Member(s)) demands compensation for damage from the Company, the Member shall indemnify the Company for any and all losses, damages and expenses in connection with such demand.
Article 24: Severability
  1. Even if any of the terms and conditions of these Terms of Use, or any part thereof, is found to be invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, the remaining terms and conditions of these Terms of Use, and the remaining portion of any provision that was found to be invalid or unenforceable, shall continue to have complete effect.
  2. Even if any of the terms and conditions of these Terms of Use, or any part thereof, is found to be invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, in order to realize the same purpose and legal and economic benefits of the terms and conditions of these Terms of Use that are found to be invalid or any part of the terms and conditions of these Terms of Use that is found to be invalid, the Company and Members shall work towards an agreement to amend the invalid portions to contents that are valid.
Article 25: Assignment
  1. A Member may not assign, transfer, provide as collateral, or dispose of, his/ her status under the service agreement or rights and duties under these Terms of Use without the prior written consent of the Company.
  2. If the Company intends to assign operation of the Services to a third party, the Company will provide the contractual statuses, rights and duties, registered information and the like to the assignee, and Member shall consent to such assignment and provision in advance.
Article 26: Governing Law and Jurisdiction
  1. These Terms of Use shall be governed by the laws of Japan. Even if any purchase and sale of goods are carried out through the Services, it is agreed that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
  2. The Tokyo District Court shall be the exclusive court of first instance over any dispute that arises from, or that is related to, these Terms of Use.

End