Article 1 (Application)
- The Terms shall be designed to stipulate the terms and conditions for provision of the Services, and the relationship of rights and obligations between the Companies and Registered Users in connection with the use of the Services, and shall apply to all relations between Registered Users and the Companies in connection with the use of the Services.
- The rules concerning the use of the Services, to be posted by the companies on the website of the Companies, shall form part of the Terms.
- In the event of any conflict between the provisions of the Terms and those of the rules mentioned above, or any other statements about the Services that are not incorporated into the Terms, the provisions of the Terms shall prevail.
Article 2 (Definitions)
The following terms will be used in the Terms, and shall have the meanings stated below:
- The term “Service Contracts” shall refer to contracts for utilization of the Services to be entered into by the Companies and Registered Users, referring to the Terms as the terms and conditions of the contracts.
- The term “Intellectual Property Rights” shall refer to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to obtain said rights and to apply for registration, etc., of said rights).
- The term “Posted Data” shall refer to content (including, but not limited to, text [including word of mouth], images, videos, and other data) to be posted or otherwise transmitted by Registered Users to the website of the Companies (including, but not limited to, the word of mouth fields, and the basic information fields pertaining to the facility in said website) with the use of the Services.
- The term “The Companies” shall refer to Diamond-Big Co., Ltd. and Bringer Japan Inc.
- The term “The Companies Website” shall refer to [GOOD LUCK TRIP Online], a website operated by the Companies, of which the domain is “www.gltjp.com” (including any revisions to the domain or content of said website, regardless of the reason).
- The term “Registered Users” shall refer to individuals registered as Users of the Services under the provisions of Article 3 (Registration).
- The term “Services” shall refer to services provided by the Companies, of which the name is [GOOD LUCK TRIP Online]. (This includes any revision to the name or content of said Services, regardless of the reason).
Article 3 (Registration)
- Individuals who wish to use the Services (“Those Wishing to Register”) may apply for registration for the use of the Services to the Companies only if they agree to comply with the Terms, and provide the Companies with certain information designated by the Companies (“Matters to Be Registered”), in a method designated by the Companies.
- The Companies shall determine whether to accept or reject registration of Those Wishing to Register who had applied for registration under the provisions of the first paragraph (“Registration Applicants”) in accordance with the criteria of the Companies, and notify the Registration Applicant if registration of said Registration Applicant is accepted by the Companies. Registration of Registration Applicants as Registered Users shall be deemed completed upon notification by the Companies under the provisions of this paragraph.
- When registration is completed under the provisions of the preceding paragraph, a Service Contract shall be established between the Registered User and the Companies, and the Registered User may begin to use the Services, in accordance with the Terms.
- In any of the following cases, the Companies may reject registration or re-registration of a Registration Applicant, and shall not be required to disclose the reasons for such rejection:
- If there is any false statement, error, or omission in the Matters to Be Registered that the Registration Applicant has provided to the Companies.
- If the Registration Applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained the consent of their statutory agent, guardian, curator, or assistant.
- If the Companies determine that the Registration Applicant falls under the category of anti-social forces, etc. (which means an organized crime group, an organized crime group member, a right-wing organization, anti-social forces, and any other individual/group similar thereto; the same shall apply hereinafter), or cooperates with or is involved in the maintenance, operation, or management of any anti-social forces through provision of funding to any anti-social forces, or any similar act.
- If the Companies determine that the Registration Applicant is an individual that has violated any contract with the Companies in the past, or is associated with such an individual.
- If the Registration Applicant has been subject to the measures set forth in Article 10.
- If the Companies otherwise determine that registration of the Registration Applicant is inappropriate.
Article 4 (Change in Matters to Be Registered)
In the event of any change in Matters to Be Registered, the Registered User shall immediately notify the Companies of such a change in a method designated by the Companies.
Article 5 (Management of Password and User ID)
- Registered Users shall be responsible for appropriately managing and storing their password and User ID in relation to the Services, and shall not allow the password, etc., to be used by a third party, or lend, assign, transfer, or sell the password, etc., to a third party.
- Registered Users shall be responsible for any damage caused by the inappropriate management of, erroneous use of, or use by a third party of their password or User ID.
Article 6 (Deletion of Posted Data)
- 1. Although the Services are based on posts submitted by Registered Users, etc., under their own responsibility, Posted Data that is found to fall under, or be similar to, any of the following items may be deleted from the Services without prior notice. The Companies may decide at their sole discretion whether or not Posted Data should be deleted:
- Data that violates any guidelines established by the Companies.
- Data that is not based on the relevant Registered Users actual experience.
- Data that is not related to the purpose of the Services or any facilities, etc., mentioned in said Data.
- Data that is not beneficial to other travelers who collect information.
- Data that adversely impacts the facilities mentioned in said Data, and of which the factual situation cannot easily be confirmed.
- Data that includes slander, complaints, assertive criticism, and other inappropriate statements concerning individuals, companies, or other facilities, etc.
- Data that infringes upon Intellectual Property Rights (including the privacy rights and copyrights) of a third party.
- Data that is contrary to laws, regulations, public order, or morality.
- Data that is for profit or for a fee, or that is associated with advertising.
- Data submitted by an individual associated with the facility mentioned in said Data.
- Other data that is similar to the types of data mentioned in the preceding items, and is deemed inappropriate by the Companies.
Article 7 (Use of Coupons)
- The Companies may provide Registered Users with coupons, which are issued by the Companies via the website of the Companies when the Registered Users satisfy the issuance conditions established by the Companies, and which can be used in facilities, etc., designated by the Companies (“Coupons”).
- Content of services that are made available to Registered Users by the Coupon, as well as the term of validity, conditions of use, and other conditions of the Coupon, shall be separately determined by the Companies for each Coupon, and shall be confirmed by Registered Users for each Coupon that they receive before using that Coupon. In addition, in cases where the Companies specify the method for obtaining a Coupon, such as a click or entry, in the website of the Companies, Registered Users shall follow the designated procedure for obtaining the Coupon.
- Registered Users may exchange a Coupon for a gift, service, entry in a lottery, or any other benefit (hereinafter collectively referred to as “Benefits”), depending on the content of the Coupon. Benefits may be offered by the business partners of the Companies (“Benefit Providers”). In such cases, Benefit Providers shall be responsible to Registered Users in connection with the use of Benefits, and provisions of the Benefits shall be subject to the terms and conditions of the Benefit Providers. The Companies shall make no warranty as to the content, quality, usability, or suitability for a particular purpose of such Benefits. In the event of any defect in such Benefits, Registered Users shall, at their own expense and responsibility, negotiate with the relevant Benefit Provider for resolution. Registered Users shall directly ask Benefit Providers questions about the Benefits offered by the Benefit Providers, and shall not involve the Companies.
- The Companies may modify the content of Benefits made available by Coupons. In addition, Registered Users might not receive Benefits that were intended to have been made available by Coupons, due to an exhausted supply of goods, termination of partnership with Benefit Providers, or other circumstances.
- The Companies shall not compensate or assume responsibilities for any disadvantage caused to Registered Users due to the causes set forth in the two preceding paragraphs.
Article 8 (Guideline on Use of Coupons)
- In using a Coupon, Registered Users shall not perform the following acts:
- Registered Users shall not assign or pawn their Coupons to other Registered Users or other third parties, or share Coupons with other Registered Users.
- Registered Users shall in no case convert their Coupons into cash.
- A Coupon may be used only by the Registered User to whom the Coupon was granted, and may not be used by any third party other than the said Registered User.
- Registered Users shall not obtain a Coupon in a method deemed unfair by the Companies.
- Registered Users shall, at their own expense and responsibility, pay and process taxes or incidental expenses that may be incurred by the Registered User in connection with the acquisition, use, or exchange for Benefits of Coupons. The Companies shall have no concern with, and shall assume no responsibility for such taxes or incidental expenses.
- In cases where Registered Users lose their status, all Coupons that they possess shall become invalid, and they shall lose all rights to use the Coupons or to exchange the Coupons for Benefits, or any other rights arising from or in connection with the use of the Services. In addition, the Registered Users shall not be entitled to demand any compensation from the Companies on the basis of such loss.
Article 9 (Prohibited Acts)
- In using the Services, Registered Users shall not perform acts that fall under, or are deemed by the Companies to fall under, any of the following items:
- An act in violation of laws and regulations, the Terms, or guidelines established by the Companies, or any act associated with crime.
- An act of deceiving or intimidating the Companies, other Users of the Services, or other third parties.
- An act contrary to public order and morality.
- An act of infringing on Intellectual Property Rights, portrait rights, rights to privacy, reputation or other rights or interests of the Companies, other Users of the Services, or other third parties.
- An act of using the Services to transmit information to other Users of the Services that falls under, or is deemed by the Companies to fall under, any of the following items:
- Information containing excessively violent or brutal expression
- Information containing computer viruses or other harmful computer programs
- Information containing content that defames or discredits the Companies, other Users of the Services, or other third parties
- Information containing excessively obscene content
- Information containing content that promotes discrimination
- Information containing content that promotes suicide or self-injury
- Information containing content that promotes inappropriate use of medicines
- Information containing anti-social content
- Information requesting diffusion of information to third parties, such as chain mail, etc.
- Information containing content that causes displeasure to other individuals.
- An act that places an excessive load on the network or systems, etc., for the Services.
- An act of reverse-engineering, or otherwise analyzing software or other systems that are provided by the Companies.
- An act that may interfere with the operation of the Services.
- Unauthorized access to the network or systems, etc., of the Companies.
- An act of impersonating a third party.
- An act of using the ID or password of another User of the Services.
- Promotion, advertising, solicitation, or sales activities on the Services that are not approved by the Companies in advance.
- An act of collecting information on other Users of the Services.
- An act that gives disadvantage, damage, or displeasure to the Companies, other Users of the Services, or other third parties.
- An act that violates the rules concerning the use of the Services, which are posted on the website of the Companies.
- An act of providing profit to anti-social forces, etc.
- An act of directly or indirectly triggering or facilitating the acts listed above.
- An act of trying to perform any act mentioned above.
- Any other act deemed inappropriate by the Companies.
- In cases where any Registered User performs an act that falls under any of the items in the preceding paragraph, or an act deemed inappropriate by the Companies from the standpoint of the intent and purpose of the Services, the Companies may take measures that are deemed appropriate by the Companies against the Registered User, including suspension of use of the Services (“Measures for Suspension of Use”). The Companies may take Measures for Suspension of Use at their own discretion, regardless of whether the Registered User is at fault or not, and shall not be required to disclose the reason for any Measure for Suspension of Use to the Registered User, whatever that reason may be. In addition, the Companies shall not be responsible for any damage caused to the Registered User due to the Measures for Suspension of Use.
Article 10 (Suspension, etc., of the Services)
In any of the following cases, the Companies may suspend or interrupt provision of all or part of the Services, without giving any prior notice to Registered Users:
- If urgent inspection or maintenance work is required on the computer system involved in the Services.
- If operation of the Services is rendered impossible due to failure of computers or communication lines, etc., improper operation, excessive access concentration, unauthorized access or hacking.
- If operation of the Services is rendered impossible due to natural disasters, including earthquake, lightning, fire, storm, flood, as well as power outage.
- If the Companies otherwise determine that suspension or interruption is necessary.
Article 11 (Ownership of Rights)
- All Intellectual Property Rights in the website of the Companies and the Services shall belong to the Companies or individuals that grant a license to the Companies. The license for the Services under the Terms shall not imply any license for Intellectual Property Rights in the website of the Companies and the Services possessed by the Companies, or individuals that grant a license to the Companies.
- Registered Users shall represent and warrant to the Companies that the Registered User possesses lawful rights to submit or otherwise transmit Posted Data, and that the Posted Data does not infringe upon any rights of a third party.
- Registered Users shall grant the Companies a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, transmit to the public, distribute, translate, adapt, create derivative works from, display, and perform Posted Data.
- Registered Users shall agree to not exercise the moral rights of authorship against the Companies, or any assignee or licensee of the Companies.
- The Companies or a third party that is granted a sublicense by the Companies may use the Posted Data of Registered Users in the website of the Companies, or for provision of content to business partners. In this case, part of the Posted Data may be summarized or excerpted, or posted photos (images) may be resized, trimmed, or otherwise partially revised. In addition, when the Posted Data is used, the screen name of the Registered User who submitted the Data may be shown.
Article 12 (Cancellation, etc., of Registration)
If a Registered User falls under any of the following items, the Companies may temporarily suspend the use of the Services by the Registered User, or cancel the registration of the Registered User without any prior notice or demand:
- If the Registered User violates any provision of the Terms.
- If it becomes evident that there is a false statement in the Matters to Be Registered.
- If the Registered User fails to respond for 30 days or longer to the Companies inquiry or other communication that requires a response.
- If the Registered User falls under any of the items of Paragraph 4 of Article 3.
- If the Companies otherwise find the use of the Services by the Registered User or the continuance of registration of the Registered User to be inappropriate.
Article 13 (Withdrawal)
- Registered Users may withdraw from the Services and cancel their registration as Registered Users by completing the procedure designated by the Companies.
- In the event of any debt held against the Companies at the time of withdrawal, Registered Users shall forfeit the benefit of time in relation to the total amount of such debt, and shall immediately repay all debt to the Companies.
- User information shall be handled after withdrawal in accordance with the provisions of Article 15.
- Registered Users shall agree in advance that Posted Data submitted by them will not be deleted, even after their withdrawal.
- The provisions of Article 6 (Deletion of Posted Data), Article 7 (Use of Coupons), Article 9 (Prohibited Acts), Article 11 (Ownership of Rights), Article 15 (Disclaimer), Article 17 (Handling of User Information), Article 20 (Transfer of Contractual Status Under Service Contracts), Article 21 (Severability), and Article 22 (Governing Law and Jurisdiction) shall survive completion of the withdrawal procedure by Registered Users, or termination of Service Contracts between the Companies and Registered Users.
Article 14 (Modification or Termination of the Services)
- The Companies may modify the content of the Services, or terminate provision of the Services, for the convenience of the Companies.
- In cases where the Companies terminate provision of the Services, the Companies shall notify Registered Users in advance.
Article 15 (Disclaimer)
- 1. The Companies shall make no warranty, either express or implicit, as to the fitness for a particular purpose of Registered Users, functionality, merchantability, correctness, usability, or continuous use of or freedom from defect of the Services.
- 2. The Companies shall make no warranty as to the content of information posted on the Services, or any Posted Data. Registered Users shall use such information at their own discretion and responsibility. The Companies shall not compensate for any damage caused to Registered Users or a third party due to the use of Posted Data on the Services by the Companies or the third party.
- Even if the Companies are held responsible for some reason, the Companies shall not pay an amount greater than JPY 10,000 as compensation for damage caused to Registered Users in connection with the Services, and shall not be responsible to compensate for any incidental, indirect, special, or consequential damage or loss of profit.
- Any matter related to transactions, communication, or conflicts, etc., between a Registered User and another Registered User or a third party in connection with the Services or the website of the Companies shall be resolved by the relevant Registered Users under their own responsibility.
Article 16 (Confidentiality)
Non-public information that the Companies disclose to Registered Users in connection with the Services that has been designated secret shall be kept confidential by the Registered Users, unless otherwise agreed in writing in advance by the Companies.
Article 17 (Handling of User Information)
- The Companies may, at their own discretion, use and publish information and data provided by Registered Users to the Companies in the form of statistical information that is not personally identifiable, and the Registered Users shall not raise any objection to such use and publication.
Article 18 (Revision of the Terms, etc.)
The Companies may revise the Terms whenever the Companies deem such revision to be necessary. In the event of revision of the Terms, the date of implementation and content of the revised Terms shall be announced on the website of the Companies or by other appropriate methods, or be communicated to Registered Users. Notwithstanding the foregoing, in the event of revision that requires the consent of Registered Users under laws and regulations, the Companies shall obtain the consent of Registered Users through the procedure designated by the Companies.
Article 19 (Communication/Notice)
- The procedure designated by the Companies shall be taken for inquiries as to the Services, other communications and notices from Registered Users to the Companies, and communications and notices from the Companies to Registered Users (including any notice of revision of the Terms).
- When the Companies send a communication or notice to the email address or other contact information included in Matters to Be Registered, Registered Users shall be deemed to have received the communication or notice.
Article 20 (Transfer of Contractual Status Under Service Contracts)
- Registered Users shall not assign, transfer, or give as a security to a third party, or otherwise dispose of their contractual status under the Service Contracts or their rights and obligations under the Terms, without the prior written approval of the Companies.
- If the Companies assign the business involving the Services to another company, the Companies may assign their contractual status under the Service Contracts, their rights and obligations under the Terms, and customer information, including Matters to Be Registered of Registered Users, to the assignee as a result of said business transfer. Registered Users shall be deemed herein to have accepted such assignment in advance. For the purpose of this paragraph, the business transfer shall include not only normal business transfer, but also company splits and all other cases involving transfer of the business.
Article 21 (Severability)
Even if any provision of the Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of the Terms, or the remaining part of the provisions that is not determined to be invalid or unenforceable, shall continue in full force and effect.
Article 22 (Governing Law and Jurisdiction)
- The Terms and Service Contracts shall be governed by the laws of Japan.
- Any dispute arising out of or in connection with the Terms or Service Contracts shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
[Established on October 31, 2019]
[Revised on October 31, 2019]