As for reservations of activities on Okinawa「OneTwoSmile ACTIVITIES」

Terms of Use

General Provisions

These Terms of Use (hereinafter referred to as the “Terms”) set forth the terms and conditions for the use of the services provided on “OTSactivies” (website for personal computers and cell phones, application for mobile devices, and other platforms hereinafter collectively referred to as the “Website”), a website provided by Okinawa Tourist Service Incorporated (hereinafter referred to as the “Company”), between the Company and users of the Website. Please read carefully these Terms before using the Website.

Chapter 1. Basic Provisions

Article 1. Scope of Application

The Terms shall be applicable between the Company and all registered members and unregistered users (hereinafter collectively referred to as the “Users”) in all aspects of the use of the Website operated by the Company. By using the Website, all Registered Users (to be defined in Article 3, Item 7) shall be deemed to have agreed with all provisions set forth in the Terms and the privacy policy, inclusive of the Individual Provisions (to be defined in Article 2, Item 2).

Article 2. Use of Services

1. Users shall be deemed to have agreed with provisions of the Terms by using the Service (to be defined in Article 3, Item 1).

2. Users shall agree to the Terms and other provisions, which are provided by the Company (hereinafter referred to as the “Individual Provisions”), before using the Service. Further, the Individual Provisions are a constituent of the Terms, and in the event that provisions differ between the Terms and the Individual Provisions, the provisions of the Individual Provisions will supersede the provisions of the Terms.

3. The Company may voluntarily revise the Terms without prior consent of the Users at any time. The revised Terms shall be effective as of the moment it is posted on the Service unless separately specified by the Company. The Users shall be deemed to agree to the revised Terms if the Users use the Service after the revised Terms become effective, and the revised Terms shall be applied.

Article 3. Definitions

The terminology used in the Terms are defined as follows:

1. “Service” means the platform service provided through the Website where reservations for Activities can be made online. The Company shall provide Activity Information, notify the Activity Provider (to be defined below) of reservation request, and provide means of payment for the Activity Fees.

2. “Activity” means experience-based activities and programs provided by the Activity Provider (to be defined in Item 5 of this Article).

3. “Activity Information” means photos and all other information that are provided by the Activity Facility including the Activity descriptions, periods, dates, locations, and fees, matters to be noted, and conditions for cancellation.

4. “Activity Fees” means the fees incurred for using an Activity, taxes to be applied for the same fee, and any other fees that are incurred for processing a reservation for the Activity.

5. “Activity Provider” means a legal entity or an individual that presents Activity Information on the Website upon entering into a contract with the Company.

6. “Registration Information” means the information provided by the Users to the Company including e-mail address, user ID, password, full name, date of birth, sex, residential address, etc.

7. “Registered Member” means a registered member who completed the membership registration procedure stipulated herein and is approved by the Company.

8. “Contents” mean all the information including words, pictures, videos, software, etc.

Article 4. Membership Qualification and Registration Procedure

1.Individuals and organizations shall obtain membership upon both the acceptance of these Terms and the completion of the membership registration process as specified by the Company. The membership registration shall be completed by the applicant him/herself. Unless permitted by the Company, the membership registration shall not be conducted by a representative.

2.2. Also, the Company may decline the membership registration or freeze the account of an applicant, who applied for registration, if any of the following apply.

(1) If the applicant engaged in any activity prohibited by the Terms.

(2) If the applicant violated the Terms or deemed to be in danger of such violation by the Company.

(3) If any misrepresentation, misentry, or omission is found in all or part of the registration entry items.

(4) If the applicant’s membership of the Website has been canceled in the past.

(5) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and the same applicant does not have the consent from the legal representative, the guardian, the curator, or the assistant.

(6) If the applicant is an antisocial force or the like (an organized crime group, a member of an organized crime group, an associate member of an organized crime group, a corporate racketeer (Sokaiya), a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, and any other equivalent individuals/groups of aforementioned) or deemed by the Company to have any relationship or involvement with an antisocial force or the like through funding or any other means to maintain or operate such antisocial force, or by supporting or relating to the management of such antisocial force.

(7) In any case where the registration is deemed inappropriate by the Company.

Article 5. Entering Membership Information

1. The necessary information for membership registration shall be entered accurately without any false information.

2. Upon use of the Website, Registered Members shall register their home addresses, employment information, phone numbers, and other information requested by the Company as per the method specified by the Company.

Article 6. Management of Passwords

1. Registered Members must register a valid email address, which is managed by him/herself, as his/her login ID in the membership registration procedure, and when the email address is no longer managed by the Registered Member, he/she must change the registered email address to another email address that is managed by him/herself.

2. Registered Members shall take full responsibility of managing his/her email address, which is registered as the login ID (hereinafter referred to as the “Registered Email”), and the password by setting a password, which isn’t easily surmised by a third party, not disclosing the password to a third party, logging out after using the Service on a computer or a cell phone used by multiple users, and so on.

3. Registered Member may not give or allow a third party to use his/her Registered Email and password.

4. When the Service is used with the Registered Email and its password, the Company can treat such usage as a usage by the Registered Member, who registered the same email address and the password, and any and all consequences and responsibilities to be caused by such usage shall be attributed to the same Registered Member.

5. The Company shall not be liable whatsoever for any damages caused by a third party utilizing the Registered Email and the password.

Article 7. Change of Membership Registration Information

If the need to change previously registered information arises, the Registered Member shall promptly conduct the modification process him/herself in the method specified by the Company. The Company shall not be liable for any damage or loss caused by the delay in the modification of the Registered Information by the Member. Also, when a transaction is initiated before a modification of the Registered Information, the transaction shall be processed according to the Registered Information prior to the modification.

Article 8. Membership Cancellation

When a Registered Member wishes to cancel his/her membership, the cancellation process shall be conducted promptly through the method specified by the Company. The Company shall not be obligated to keep the Registered Information of the Registered Member after he/she cancels the membership.

Article 9. Maintain Environment for Utilizing the Service

1. Upon using the Service, Registered Member shall prepare, under his/her own responsibility and cost, necessary equipment such as a PC, mobile device, etc., software and telecommunication means, and properly connect and operate them.

2. Registered Member shall implement security measures against threats such as computer virus, unauthorized computer access or hacking, data breach, etc. that are appropriate for his/her usage environment.

3. The Company shall neither intervene in the usage environment of Registered Member nor be liable whatsoever.

Article 10. Disclaimer

1. The liabilities of the Company with regards to the Website shall be limited to intermediary services pertaining to arranging reservations for Activity Provider facilities upon a contract being established between a User and the Company, and the Company shall not be liable for any other matters unless specially prescribed in the Terms, and other provisions.

2. It is the responsibility of the Users to investigate at their expense whether the usage of the Website violates laws and ordinances, internal regulations of industry associations, etc. as applicable to the Users. The Company does not guarantee that the usage of the Website by the User is in compliance with laws and ordinances, internal regulations of industry associations, etc. as applicable to the Users.

3. Even in cases where hyperlinks to other websites are provided on the Website or a hyperlink to the Website is provided in other websites, the Company shall not be liable whatsoever for whatever reason for other websites and any information obtained therein.

4. The Company shall not be obligated to change or modify the Website when Users’ devices, equipment, or software are not capable for using the Website.

5. The Company shall not be liable whatsoever for any damage caused by interruption, delay, or discontinuation of the Website system due to illegal access, hindrance of, or decline in performance of the telecommunication line, software, hardware, etc.

6. The Company does not guarantee that emails sent by the Company and the Contents related to the Website do not contain harmful materials such as a computer virus.

7. The Company may provide information or suggestions to the Users when considered appropriate, however, the Company shall not be liable whatsoever for such information or suggestions.

8. The Company shall not be responsible whatsoever for any expense incurred by the usage of equipment or telecommunication line necessary to use the Website.

9. The Company shall not be liable whatsoever for any damage that is not attributable to the Company such as damage caused by User due to violating the Terms or the like, damage caused under the responsibility of a member, and damage caused by an inevitable force.

10. The Company does not guarantee whatsoever whether or not the contents of transactions conducted through the Website by Users will be satisfactory or useful for the User.

11. The Company shall not be liable for any damage caused in relation to using the Website that is not provided in the above mentioned Items of this Article. However, if there was a willful or gross negligence on the part of the Company in operating the Website which caused damage to the Users, the Company shall compensate the relevant Users only for the direct and normal damages with the value of the causal transaction as the upper limit.

Article 11. View and Use of Statistical Data, etc.

The Company may create statistical data in accordance with the Privacy Policy provided separately by modifying, aggregating and analyzing Users’ Registered Information and usage history of the Service in a way that each individual is unidentifiable, and may view and use such usage history, statistical data or other related data without any restrictions (such usage include but are not limited to allowing a third party to view and use, providing as marketing data, developing new functions for the Service, and conducting market research), and Users shall agree to such policy.

Article 12. Prohibited Activity by Users

The Users, in using the Website, shall not engage in any of the following activities.

1. Violating the Terms, laws and ordinances, and any other agreements set forth by the Company.

2. Causing or inciting to cause an infringement of rights or reputation of the Company or any third party.

3. Sending information to the Company by impersonating any other individual.

4. Using the Website for any purpose other than originally intended.

5. Causing or inciting to cause an infringement of public order and morality.

6. Sending or writing harmful computer programs or the like.

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

8. Registering for multiple memberships by the same individual.

9. Causing disturbance by activities such as spam and mass posting.

10. Engaging in solicitation activities for an organization, a service, or an activity that are deemed by the Company to be unrelated to the Website.

11. Engaging in any transactions directly between the Users or with the Activity Providers based on the information provided on the Website without going through the Website.

12. Using or providing to a third party information about other Users obtained through the Website without an explicit approval from such Users for any purpose other than using the Website.

13. Conducting any commercial activities through or in relation with the Website, preparing for such activities, reselling to other parties, or making reservations for commercial purposes.

14. Engaging in any other activities that the Company, in its discretion, determines to be inappropriate.

Article 13. Membership Termination

If a Registered Member is deemed by the Company to be applicable to any of following items, the Company shall exercise the right to refuse him/her from using the Website without a prior notice, through revocation of membership, withdrawal of membership, suspension of usage of all or a part of the Website, transaction cancellations, and any other measure(s) as deemed necessary by the Company. In such case, the Company shall not be liable whatsoever for any damage or loss to the Registered Member caused by such measure(s). Also, the Registered Member may not request disclosure of reasons or make any objections against the measure taken by the Company.

1. Violating the Terms, law and ordinances, etc. including any violation(s) in the past.

2. Using the password and/or the Website illegally, or coercing another individual to do so.

3. When the Company determines Registered Information is untrue or inaccurate.

4. When a problem arises with the limit of the credit card.

5. Upon discovery by the Company that a Registered Member belongs to or has a relationship with an antisocial force or any organization conducting antisocial activities.

6. Providing the information or contents of another Registered Member to a third party without prior consent.

7. When the Company determines, in its discretion, that it is appropriate to enforce the measure(s) prescribed in this Article.

Article 14. Suspension, Cancellation, or Discontinuation of the Website

1. The Company may suspend, cancel or discontinue all or part of the Website due to any of the following items, and Users shall agree to such policy.

1. When conducting maintenance work for the server related to the Service, modifying specifications of the Service, or remediating defects in the system.

2. When operating the Website becomes impossible due to an emergency or a possibility of an emergency such as natural disasters, fires, power failures, etc. or due to an amendment or establishment of laws or ordinances.

3. In other circumstances that the Company determines that suspending the operation of the Services is inevitable.

2. The Company shall not be liable whatsoever for Users not being able to use the Service due to the circumstances described hereinabove.

Article 15. Dispute Settlement

1. If trouble, a dispute, or the like arises between Users or between a User and an Activity Provider, such dispute shall be settled directly between the Users or the User and the Activity Provider, and the Company shall not be liable whatsoever.

2. In addition to the preceding Item, if a User receives a complaint from another User or a third party in relation to the Website, or a dispute arises with such parties, the User shall promptly notify the Company of such matter and settle the complaint or the dispute within the User’s expense and responsibility, and the User shall report the progress and the result of it to the Company upon request from the Company.

3. If the Company is requested by a User or a third party to make a payment for an infringement of rights, or any other reason in relation with another User’s usage of the Website, the User who caused the infringement must compensate the Company for the amount which the Company paid to the User or the third party who requested the payment.

4. The Company shall not be liable whatsoever for any dispute unrelated to the operation of the Website arising between the Users or between the Users and the Activity Providers.

5. If a User causes any damage intentionally or negligently to a property, furniture placed in the property, furnishing, etc. provided by the Activity Provider, such matters shall be resolved between the Activity Provider and the User, and in any case, the Company shall not be claimed for the damage or to be involved in any way.

6. The Company recommends Users to keep cash, valuables, jewelries, pets, etc. in a safe location to avoid any dispute arising between the Users and relevant parties.

Article 16. Preservation of Information

The Company may preserve messages and other information received and sent by the Users for operational purposes for a certain period of time, however, preserving such information shall not be an obligation of the Company. The Company may delete any such information at any time. Also, the Company shall not be liable for any damage to the Users caused by a measure taken by the Company in accordance with this Article.

Article 17. Confidentiality

Regarding the Service-related information disclosed to the Users by the Company with request to treat it as confidential information, the Users shall observe the request and not disclose the said information to a third party without prior written approval from the Company.

Article 18. Ownership of Rights

The ownership rights and the intellectual property rights in relation to the Website belong entirely to the Company and/or the licensor of the Company. Permission to use the Website granted based on the registration process prescribed in these Terms shall not allow the Users to use the intellectual property rights of the Company and/or the licensor of the Company in relation to the Company’s website and/or the Website. The Users shall not engage in any activities that may cause an infringement to the intellectual property rights (including but not limited to disassembling, decompiling, and reverse engineering) of the Company and/or the licensor of the Company for any reason whatsoever.

Article 19. Standard Time

The standard time to be used for making Activity reservations, making cancellations of Activity reservations, purchasing tickets, effective period for such tickets, and other times to be used in relation to the Service shall be the standard Japan time.

Article 20. Publishing Advertisement

The Company may publish advertisements deemed appropriate on the Website at the Company’s discretion. The Company shall not be liable for any damage or loss to a User or a third party caused by the advertisement published on the Website.

Article 21. Transferring Status Based on the Terms

1. Users may not transfer, change, collateralize, or conduct any other measures on the status or the rights and/or obligations obtained through the agreement between the Company and the Users in accordance with the Terms to a third party without prior written consent of the Company.

2. In the event that the Company transfers the business pertaining to the Website to another company, the Company may transfer the status, rights, and obligations of the Company founded on the Terms, the Registration Information of Users, and other client information to the transferee of such business transfer. The Users shall be deemed to agree to such transfer in advance by this Item. Also, business transfer described in this Item includes not only a normal business transfer but any type of business change such as a company split that causes the business to be transferred.

Article 22. Possibility of Separation

In the event that any Articles or part of an Article of the Terms is deemed invalid or unenforceable in accordance with the Consumer Contract Act or any other laws and ordinances, the rest of the terms and conditions of the Terms shall remain completely effective. Further, the Company and the Users shall make modifications as necessary in order to make the invalid and unenforceable Article or a part of the Article legitimate and enforceable, and endeavor to reestablish its purpose and legal and economical effectiveness to be equivalent to the invalid and unenforceable Article or a part of the Article.

Article 23. Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan. All disputes relevant to the Terms between the Users and the Company shall be subject to the exclusive jurisdiction by consent of Naha District Court as court of first instance.

CHAPTER 2. Terms for Activity Reservation Service

The provisions of this chapter shall be applicable to all Users who use the Activity Reservation Service.

Article 1. Activity Reservation

1. Users shall make reservations for an Activity after confirming Activity Information provided on the Website and provide the Company with his/her Registration Information and other information specified by the Company. Also, there is a possibility of Activity Information being different on the Website from other websites of the same Activity Provider, of which the Company shall not guarantee that the Activity Information on the Website including Activity Fees and other conditions are the most reasonable for the Users.

2. Users shall agree that the Company or Activity Provider can determine the method for making the Activity Reservation from the following.

1. Immediate reservation

A reservation method that allows Users to confirm the reservation upon completion of reservation process on the Website.

2. Reservation upon request

A reservation method that Users shall make a reservation request first, and the reservation is confirmed upon the Activity Provider informing the User via registered email address or other communication means provided by the Service of the approval for the request.

3. Upon confirming a reservation according to above items, Users shall accept the establishment of a usage agreement of the Activity between the Activity Provider and the User.

4. There is a possibility that the Activity Provider will modify Activity Fees and other conditions after establishing an agreement according to above Items. Even in such a case, the Activity Fees and other conditions that are confirmed before such modifications shall be applied.

5. If a User doesn’t hold Japanese citizenship, he/she shall ensure that he/she satisfies all requirements in order to enter and stay in Japan (including having all necessary documents such as passport, visa, etc.). The Company shall not be liable whatsoever for any damage caused by a breach of this provision.

Article 2. Fee Payment

Users shall make payment for the full amount of Activity Fees by the method specified by Activity Information.

Article 3. Modification and Cancellation of Reservation

1. Users shall agree to abide by the cancellation policy and other provisions specified by Activity Provider for modifying or cancelling the usage agreement of an Activity, cancellation fees, and other conditions.

2. Users shall be able to request for modification or cancellation of usage agreement of an Activity through the Service with the method specified by the Company in accordance with cancellation policy and other conditions provided by the Activity Provider. In this case, the User shall agree that a modification or cancellation of usage agreement of an Activity will take effect when the notification for approval of such a request is sent to the registered email address.

3. In addition to the above Items, Users shall be able to modify and cancel a usage agreement of an Activity in accordance with cancellation policy and other conditions provided by Activity Provider by mutually agreeing with the Activity Provider.

4. Users shall accept that there are times when an Activity cannot be used even if the usage agreement for the Activity has been established due to unfavorable weather or other reasons.

5. In case of a dispute or a conflict between the User and the Activity Provider arising from modification, cancellation or other matter related to a usage agreement of an Activity, such dispute or conflict shall be solved directly between the Registered Member and the Activity Provider, and the Company shall not be liable whatsoever.

Article 4. Confirmation of Activity

The Company may request the Users to provide information about the Activity of which reservation was made through the Service whether the User used the Activity and its contents, and the User shall be cooperative to such request.

Note: These Terms of Use are in Japanese, and this is the English translations of the original text. The Japanese language text shall prevail in the event of a conflict between the Japanese version and the English version.