Terms of Service
These Terms of Service (the “Terms”) set out the conditions for using “tabiori — shareable travel itineraries” (the “Service”), provided by Gotaru Co., Ltd. (the “Company”). Registered users (“Users”) must use the Service in accordance with these Terms.
Article 1 (Application)
These Terms apply to all relationships between Users and the Company concerning use of the Service.
Article 2 (Registration)
- Registration is complete when an applicant applies using the method specified by the Company and the Company approves the application.
- The Company may reject an application if it determines that any of the following applies, and has no obligation to disclose the reasons:
- (1) The applicant provided false information when applying.
- (2) The applicant has previously violated these Terms.
- (3) The applicant is a minor, an adult ward, or a person under curatorship or assistance, and has not obtained the required consent from their legal representative, guardian, curator, or assistant.
- (4) The Company determines that the applicant is an antisocial force (including an organized crime group, a member of such a group, a right-wing group, an antisocial organization, or an equivalent party), or has dealings or involvement with such forces, including cooperating in or participating in their maintenance, operation, or management through funding or other means.
- (5) The Company otherwise determines that registration is inappropriate.
Article 3 (Management of User IDs and Passwords)
- Users are responsible for managing their user IDs and passwords for the Service.
- Users may not transfer or lend their user IDs or passwords to third parties under any circumstances. When a login uses a user ID and password combination matching the registered information, the Company will regard it as use by the User registered to that user ID.
Article 4 (Google Places API)
- (1) Google Places API for Android, Google Places API for iOS, and related services are used to handle location information.
- (2) Users are deemed to have agreed to the terms of service and privacy policy at http://www.google.com/privacy.html .
- (3) The Company disclaims all responsibility for disputes, disadvantages, defects, and other matters involving Google Places API. Users must deal directly with Google Inc.
Article 5 (Fees and Payment Methods)
- Users must pay the fees separately determined by the Company and displayed on this website as consideration for the Service, using a payment method specified by the Company.
- If a User is late in paying fees, the User must pay late-payment damages at an annual rate of 14.6%.
Article 6 (Prohibited Conduct)
Users must not engage in any of the following when using the Service:
- (1) Conduct that violates laws or public order and morals.
- (2) Conduct related to criminal activity.
- (3) Conduct that destroys or interferes with the functioning of the Company's servers or networks.
- (4) Conduct that may interfere with operation of the Company's services.
- (5) Collecting or accumulating personal information or other information about other Users.
- (6) Impersonating another User.
- (7) Providing benefits, directly or indirectly, to antisocial forces in connection with the Company's services.
- (8) Infringing the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users of the Service, or third parties.
- (9) Posting or transmitting excessively violent or sexually explicit material; expressions that lead to discrimination based on race, nationality, beliefs, gender, social status, family origin, or similar grounds; expressions that encourage or promote suicide, self-harm, or drug abuse; or other antisocial content that causes discomfort to others.
- (10) Using the Service for business, promotion, advertising, solicitation, or other commercial purposes (unless approved by the Company); for sexual or indecent acts; to meet or date previously unknown persons of the opposite sex; to harass or defame other customers; or for any purpose other than those intended for the Service.
- (11) Religious activities or solicitation to join religious organizations.
- (12) Other conduct the Company considers inappropriate.
Article 7 (Suspension of the Service)
- The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following applies:
- (1) Maintenance, inspection, or updates of computer systems used for the Service.
- (2) Difficulty providing the Service due to force majeure, such as an earthquake, lightning, fire, power outage, or natural disaster.
- (3) An accident causes computers, communication lines, or similar equipment to stop operating.
- (4) The Company otherwise determines that providing the Service is difficult.
- The Company bears no responsibility, regardless of the reason, for any disadvantage or damage suffered by Users or third parties due to suspension or interruption of the Service.
Article 8 (Copyright)
- Users may use the Service to post or edit text, images, videos, or other information only if they own the necessary copyrights and other intellectual property rights, or have permission from the relevant rights holders.
- Copyright in text, images, videos, and other material posted or edited by Users through the Service remains with those Users or other existing rights holders. However, the Company may use such material, and Users must not exercise their moral rights in relation to that use.
- Except as provided in the preceding paragraph, all copyrights and other intellectual property rights in the Service and all information related to it belong to the Company or rights holders who have licensed its use to the Company. Users must not reproduce, transfer, lend, translate, modify, republish, publicly transmit (including making available for transmission), transmit, distribute, publish, commercially use, or otherwise exploit it without permission.
Article 9 (Restrictions on Use and Cancellation of Registration)
- The Company may, without prior notice, delete posted data, restrict a User's use of all or part of the Service, or cancel their registration in any of the following cases:
- (1) The User violates any provision of these Terms.
- (2) Registered information is found to be false.
- (3) A petition is filed for commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings.
- (4) The User has not used the Service for one year or more.
- (5) The User has not responded for 30 days or more to an inquiry or other communication from the Company requesting a response.
- (6) Any item in Article 2, paragraph 2 applies.
- (7) The Company otherwise determines that the User's use of the Service is inappropriate.
- If any of the preceding items applies, all debts the User owes to the Company immediately become due and payable, and the User must pay all outstanding debts in full at once.
- The Company bears no responsibility for damage suffered by Users as a result of actions taken under this Article.
Article 10 (Withdrawal)
Users may withdraw from the Service by following the procedure specified by the Company.
Article 11 (Handling of Personal Information)
The Company will appropriately handle personal information obtained through use of the Service in accordance with its Privacy Policy.
Article 12 (Disclaimer of Warranties and Liability)
- The Company does not expressly or implicitly warrant that the Service is free from factual or legal defects, including defects concerning safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, as well as errors, bugs, and infringements of rights.
- The Company bears no responsibility for any damage suffered by Users arising from the Service. However, this disclaimer does not apply if the contract between the Company and the User concerning the Service, including these Terms, constitutes a consumer contract under the Consumer Contract Act.
- Even in the case described in the proviso to the preceding paragraph, the Company bears no responsibility for damage arising from special circumstances caused by breach of contract or tort due to the Company's negligence (excluding gross negligence), including where the Company or the User foresaw or could have foreseen the damage. Compensation for damage caused by breach of contract or tort due to the Company's negligence (excluding gross negligence) is limited to the fees received from the User in the month in which the damage occurred.
- The Company bears no responsibility for transactions, communications, disputes, or other matters between Users, or between a User and a third party, in connection with the Service.
Article 11 (Changes to the Service)
The Company may change the contents of the Service or discontinue it without notifying Users, and bears no responsibility for damage suffered by Users as a result.
Article 12 (Changes to these Terms)
The Company may change these Terms at any time without notifying Users if it considers a change necessary.
Article 13 (Notices and Communications)
Notices and communications between Users and the Company must be made using the method specified by the Company.
Article 14 (Prohibition on Assignment of Rights and Obligations)
Users may not assign their contractual status, or any rights or obligations under these Terms, to a third party or provide them as security without the Company's prior written consent.
Article 15 (Governing Law and Jurisdiction)
- These Terms are governed by and interpreted in accordance with the laws of Japan.
- Any dispute concerning the Service is subject to the exclusive agreed jurisdiction of the court with jurisdiction over the location of the Company's head office.
End of Terms