Terms & Conditions
asoview! is a complete online booking service for unique and exciting activites in Japan. We have direct relationship will all of our activity organizers which enable us to offer many activities that are hard to find throught internet. We hope you would find an activity that would add more fun to your trip to Japan.
When using the Activity Programs booking system “asoview!”, please read these Terms of Service without fail.
Article 1 (Terms of service)
- These Terms of service (the “Terms”) shall be applied to all matters between asoview! Inc. (the “Company”) and those persons using the Services (defined in Article 2, Item 1 hereof) (such persons are hereinafter referred to as “Users”, irrespective of whether or not they have been registered as Members).
- By using the Services, each User shall be regarded as having agreed to the Terms.
- Users shall use the Services having agreed to the Terms and other various relevant rules established by the Company (the “Relevant Rules”). All Relevant Rules shall constitute part of the Terms and, if provisions hereof and provisions of any Relevant Rules are contradictory to each other, the latter shall prevail.
- The Terms shall be subject to modification by the Company which may be made at its discretion at any time, without prior notice to Users. If the Terms are so modified, they shall become effective at the time of announcement in the Services, unless otherwise designated by the Company. If any User uses the Services after such modification hereof, the Users shall be regarded as having agreed to the modification and be subject to the provisions hereof after the modification
Article 2 (Definitios)
“Services” means the following services provided through the Website by the Company:
- (1) Provision of information concerning Activity Programs;
- (2) Provision of search functions for information concerning Activity Programs;
- (3) Transmission to Organizers of booking applications for participation in Activity Programs; and
- (4) Other services collateral to any of the foregoing;
- “Website” means a group of such websites in languages other than Japanese, under the name of “asoview!”, as are operated on the Internet by the Company;
- “Activity Program“ means a hands-on activity program provided by an Organizer, which shall include all services relevant thereto;
- “Activity Information” means texts, images and other information provided by an Organizer concerning an Activity Program, including the activities constituting such Activity Program and their schedule, location(s), charge, matters to be noted, conditions for cancellation and others;
- “Organizer” means a person or entity posting Activity Information on the Website based on a relevant agreement with the Company;
- “Registration Information” means such information including the e-mail address, ID, password, name, birth date, sex and home address of a User as is provided by the User to the Company;
- “Member” means a User having gone through the procedure for registration as Member provided for herein, and having been accepted as a Member by the Company; and
- “Contents” means sentences, images, pictures, software and/or any other information, as the case may be.
Article 3 (Member Registration)
- Any person who desires to use the Services shall use them after agreeing to the Terms on his/her own will and responsibility.
- Any User desiring to use the Services and make a booking for participation in an Activity Program shall register as a Member via procedures prescribed by the Company; provided, however, that in the case where such User has previously violated or, in the Company’s opinion, threatens to violate the Terms, or where the Company otherwise considers the User’s registration as a Member to be inappropriate, the Company may refuse to register the User as a Member.
- In using the Services, when a User provides Registration Information and/or other information, such User shall provide information of him/herself which are true, correct and current. Each User shall voluntarily modify, add to and otherwise manage Registration Information on his/her responsibility. The Company shall not in any respect be liable for damage and expenses (including any and all damages from mental distress, lost profits and other monetary losses, reasonable attorneys’ fees and other types of disadvantages; hereinafter collectively referred to as “Damages, Etc.”) sustained by a User due to his/her violation of the provisions of this Paragraph.
- The Company may confirm with a User whether or not he/she has participated in any Activity Program booked through the Services and, if having participated, the details thereof, and the User shall cooperate with the Company.
Article 4 (Modification of Services, etc.)
- The Company may, at any time and for any reason, modify, add to, suspend or terminate all or part of the Services (such conduct is collectively referred to as “Modification, Etc.” in this Article below).
- The Company shall not be liable for any Damage, Etc. which may be sustained by a User due to any Modification, Etc.
Article 5 (Registered E-mail Address and Password)
- During member registration, a User must register a usable e-mail address which is under his/her control and, if such e-mail address has ceased being in his/her control, the User shall replace it with another usable e-mail address in his/her control.
- Each Member shall comply with the requirements to set a password which is not easily identifiable by a third party, to not disclose his/her password to any third party, and to log out after using the Services on computers or mobile devices shared between multiple users and so on, and shall be fully responsible for the management of his/her e-mail address registered (“Registered E-mail Address”) and password so set.
- No User may assign to any third party or cause any third party to use his/her Registered E-mail Address or password.
- Upon usage of the Services with a Registered E-mail Address and a set password, the Company may regard such usage as performed by the Member having registered the Registered E-mail Address and password, and all results occurring through, and all responsibilities accompanying, such use shall belong to such Member.
- The Company shall not be liable in any respect for Damage, Etc. sustained as the result of any use of a Registered E-mail Address and set password by a third party.
Article 6 (Withdrawal)
When a Member desires to withdraw as a Member, he/she shall perform the relevant procedure prescribed by the Company. The Company shall not be obliged to keep any Registration Information of a withdrawn Member.
Article 7 (Booking for Activity Program)
- When making a booking for participation in an Activity Program, a Member shall provide Registration Information and other information requested by the Company after confirming the relevant Activity Information provided on the Website. Users should note that Activity Information on the Website may be different from information provided by the same Organizer on other third-party websites, and the Company makes no guarantee that charges and other terms and conditions provided by an Organizer on the Website are most favorable for Users.
Each Member agrees that the Company or an Organizer may select the booking method for Activity Programs from the following methods:
- (1) Immediate booking: Booking method whereby a Member’s booking is immediately confirmed upon the Member applying for the booking on the Website.
- (2) Booking by acceptance: Booking method whereby a Member’s booking is confirmed only when, after the Member’s application for the booking on the Website, the Organizer concerned transmits its acceptance to the Member to the Member’s Registered E-mail Address or via other communication means available in the Services.
- Each Member agrees that a participation agreement concerning an Activity Program is executed between such Member and the Organizer concerned upon confirmation of the Member’s booking for such Activity Program as provided in the preceding Paragraph.
- The general terms and conditions for an Activity Program (including but not limited to charges) may be changed by an Organizer after a participation agreement for such Activity Program is executed between a Member and an Organizer as provided in the preceding Paragraph. However, even in such a case, those terms and conditions (including but not limited to the charge) of the participation agreement for the Activity Program which have already been executed between a Member and the Organizer shall remain unchanged.
- If participants for an Activity Program do not hold Japanese nationality when a Member makes a booking for participation in such Activity Program, the Member shall guarantee that all required conditions for all participants’ entry and stay in Japan (including but not limited to obtainment or preparation of a passport, visa and other requisite documents) have been fulfilled at the time of booking. The Company shall not be liable for Damage, Etc. sustained due to violation of the guarantee in this Paragraph in any respect.
Article 8 (Payment of Charges)
When a Member makes a booking for participation in an Activity Program, the Member shall pay the Company all required charges for participation in the Activity Program, applicable taxes thereon and other charges and expenses required to be paid for the booking (collectively, “Participation Charges”), in the manner of online settlement by credit card as designated by the Company or other methods designated by the Company. The Member should note that Organizer may charge additional fees or expenses other than Participation Charges.
Article 9 (Modification and Cancellation of Booking)
- After any booking for participation in an Activity Program is confirmed, the Member concerned may not modify the confirmed details of the booking (date(s), plan, course, number of participants, etc.). If a Member desires any modification of such details, the Member needs to cancel the booking in his/her “My Page” on the Website and make a new booking on the modified terms. Cancellation of any confirmed booking will be subject to the cancellation charge provided for in Paragraph 2 of this Article, depending on the time of cancellation, to which each Member acknowledges. The Company shall not be obliged to investigate whether any booking cancellation is due to causes of a Member or causes of an Organizer. The Company may determine whether the cancellation is due to causes of a Member or of an Organizer in accordance with which party carried out the cancellation on the Website, and may apply the general terms of its cancellation policy based on such determination. Any other different treatment of cancellation based on specific conditions between a Member and an Organizer shall be made and settled through consultation between the Member and the Organizer concerned, for which the Company shall not be made responsible in any respect.
In the case where a Member cancels any confirmed booking due to his/her causes, the Member shall pay the Company the cancellation charge of an amount stipulated in the following items. The Company shall refund the Member the balance of the Participation Charges less the amount of the cancellation charge (if there is such a balance).
- (1) Cancellation made eight (8) days prior to the scheduled date of activities or earlier: No cancellation charge
- (2) Cancellation made between seven (7) to four (4) days prior to the scheduled date of activities: 50% of the Participation Charges
- (3) Cancellation made between three (3) days prior to the scheduled date to the scheduled date: 100% of the Participation Charges
- Only if an Organizer expresses the intention not to impose the cancellation charge when receiving a User’s notice of cancellation, the User may be free of the cancellation charge under items (2) or (3) above.
- In a case where a Member does not perform the procedure for cancellation of his/her booking of participation in an Activity Program as provided in Paragraph 1 of this Article, but nevertheless all or part of the prospective participants do not appear at the designated meeting place by the designated starting time of the activities under the Activity Program, those part of the booking related to such absent prospective participants shall be regarded as cancelled by default. In the case of such cancellation by default, the Member concerned shall be obliged to pay the Company an amount equivalent to one hundred percent (100%) of the Participation Charges concerned (or, in the case of partial absence of the prospective participants, an amount equivalent to one hundred percent (100%) of the Participation Charges corresponding to the number of the prospective participants absent).
If the cancellation of a Member’s booking of participation in an Activity Program falls under any of the following items, the whole amount of the Participation Charges paid for the booking by the Member shall be refunded to the Member by the Company:
- (1) Case where the Organizer concerned determines the implementation of the Activity Program to be difficult due to bad weather, and the booking for the Activity Program is cancelled at the initiative of the Organizer;
- (2) Case where the booking for an Activity Program is cancelled due to causes of the Organizer; or
- (3) Case where the booking for an Activity Program is cancelled because the required minimum number of participants is not achieved.
- The Company shall not be liable for any loss which may be sustained due to the difference between the exchange rate concerned as of the time of payment of the Participation Charges and the exchange rate concerned as of the time of refund due to cancellation.
Article 10 (Preparation of Environment for Use of Services)
- Each User shall prepare the equipment, software, communication means, etc. necessary for use of the Services at its sole expense and responsibility, and connect to and operate in a proper manner.
- Each User shall take security measures for prevention of infection with a computer virus, unauthorized access, unauthorized disclosure of information, etc., depending on his/her environment for use of the Services.
- The Company shall not be involved with nor be responsible for each User’s environment for use of the Services, in any respect.
Article 11 (Handling of Personal Information)
Article 12 (Peruse and Use of Statistical Date, etc.)
The Company may prepare statistical data, etc. through processing, aggregating and/or analyzing Users’ Registration Information, their usage histories of the Services, etc., in manners not enabling the identification of specific individuals and, without limitation, peruse and use such usage histories and statistical data, etc. (including but not limited to procuring third parties to peruse and use, providing as materials for marketing, developing new functions of the Services and performing market researches), which Users expressly acknowledges.
Article 13 (Prohibited Acts of Users)
No User may perform any act which falls under, or the Company considers as threatening to fall under, any of the following items:
- Act in violation of the Terms;
- Act in violation of any applicable law or regulations or the public order and morality;
- Act suggesting, inducing, encouraging, recommending, etc. any illegal act, crime or anti-social act;
- Act infringing on the Company’s or a third party’s copyright, trademark right or other intellectual property right;
- Act infringing on the Company’s or a third party’s property, credit, honor or privacy;
- Act posting or transmitting any false or misleading Contents;
- Act having the purpose to harass or slander another User or an Organizer;
- Act posting or transmitting any Contents leading to discrimination because of race, nationality, beliefs, sex, social status, family origin, etc.;
- Act posting or transmitting any image, picture or illustration to close up the breasts, buttocks, etc. or expose the genitals or other obscene Contents;
- Act having the purpose of encounter or association with an unacquainted person of the other sex;
- Act posting or transmitting any Contents leading to pornography sites, one-click fraud sites, site having the purpose of dissemination of a virus or other hazardous computer program, etc. or other website which the Company considers inappropriate (including an act posting a link to such a website);
- Act posting or transmitting any Contents threatening to romanticize, induce or encourage suicide, self-injurious behavior, drug abuse or the like;
- Act posting or transmitting a violent or grotesque picture or other Contents generating disgust in other Users;
- Act posting or transmitting any Contents inducing third parties to ponzi fraud schemes, chain-mail, MLM (multi-level marketing) mail, PTR e-mails or the like;
- Act posting or transmitting the same Contents multiple times with the purpose of advertisement or induction (including the act of multiposting or sending of spam-mail or chain-mail);
- Act making use of all or part of the Services for any commercial purpose (but excluding cases where the Company agrees);
- Political or religious activity (but except cases where the Company agrees);
- Act impersonating the Company or a third party;
- Act causing excessive overload on a server, encouraging such an act or otherwise interfering with the operation of the Services;
- Act transmitting or posting a virus or other hazardous computer program, etc.;
- Delay in payment or non-payment of Participation Charges of any Activity Program for which a User booked through the Services, cancellation charge related to such an Activity Program or other debt involving the Services to an Organizer concerned;
- Act violating any notice, cancellation policy or other rule, etc. given or set by an Organizer;
- Act using another person’s credit card or inputting any false credit card information, password and/or other identification information; or
- Any other act which the Company determines inappropriate.
Article 14 (Response to Violation)
If the Company determines that a User has violated the Terms, the Company may take any of the following measures against the User (but shall not be obliged to do so):
- (1) To look into the Contents posted or transmitted by the User and, without giving prior notice to the User, remove the Contents from public access or delete all or part of the Contents;
- (2) To require the User to stop the violation and not to repeat it or perform any similar conduct;
- (3) To suspend the use of the Services by the User;
- (4) To deregister the User as Member; and/or
- (5) To publish the violation inside and/or outside the Services (including notification to the police or other competent public agency in the case where the violation may constitute a crime or the like).
- In a case referred to in the preceding Paragraph, even if the User sustains Damage, Etc. due to measures taken by the Company, the Company shall not be liable to compensate the User for any such damage. In addition, the Company shall not respond to any question or complaint in relation to measures taken by it based on this Article.
Article 15 (Disclaimer)
- The parties to agreements concerning the booking for or use of an Activity Program provided by an Organizer shall be the Organizer and Members only, and shall not include the Company. The Company shall not be liable concerning the performance of any such agreement by the Organizer concerned, in any respect.
- The Company shall not be liable for any trouble which may occur between an Organizer and a User or between Users, in any respect. If there occurs any dispute or trouble between an Organizer and a User or between Users and the Company inevitably deals with the dispute or trouble directly, the User(s) shall compensate the Company for all Damage, Etc. sustained by the Company due to such involvement by the Company.
- Each User agrees that the Company shall not be liable to compensate the User for any Damage, Etc. which may be sustained by the User as the result of or in relation to (i) the use of, or inability to use, any Service by the User, (ii) unauthorized access or alteration, (iii) another User’s act in the Services, (iv) a third party’s impersonation of another person or (v) any other matter relating to the Services.
- The Company makes no guarantee on the trueness, recency, probability, usefulness, etc. of any information or advice provided by the Company, an Organizer or a User. The Company shall not be liable for any Damage, Etc. which may be sustained by a User in relation to any information or advice provided by the Company or an Organizer.
- The Company makes no guarantee that the Services are or will be free from defects. If it is found that there is any defect with the Services, the Company shall endeavor to remove such a defect but shall not be liable for any Damage, Etc. sustained by Users due to the defect.
- Even in the case where the Company is held liable for damages to a User, the Company shall be liable only for Damage Etc. actually and directly suffered by the User and, further, only up to the extent of the Participation Charges for the Activity Programs concerned with the Damages Etc., and shall not be liable for Damage, Etc. caused due to special circumstances (regardless of whether the occurrence of such special Damage, Etc. was foreseen or was foreseeable), except if there is a willful misconduct or gross negligence with the Company,.
Article 16 (Interruption of Services by Maintenance, etc.)
In any case listed below, the Company may suspend the operation of the Services, without giving prior notice to or obtaining prior approval from Users, which Users hereby acknowledge:
- (1) Case where the maintenance of servers for the Services, modification of specifications of the Services, removal of a defect in a relevant system, or the like is performed;
- (2) Case where the operation of the Services becomes difficult or impossible because an act of God or other emergency event has occurred or is likely to occur or because a relevant law or regulations have been established or amended; or
- (3) Other case where the Company determines that the suspension of operation of the Services is necessary for any compelling reason.
- Even if Users sustain Damage Etc. due to suspension of operation of the Services provided for in the preceding Paragraph, the Company shall not be liable for such damage in any respect.
Article 17 (Assignment of Rights and Obligations, etc.)
- No User may assign, lend, lease or create a security interest on any of the User’s rights and obligations based on the User’s status under the Terms to or for any third party, without the Company’s prior written approval thereof.
- When the Company causes its business concerning the Services to be succeeded to by a third party in any merger or business assignment or for any other reason, it may, in relation to the succession, assign its status under and rights and obligations based on the Terms and Registration Information of Members to the successor, which Users hereby agree.
Article 18 (Intellectual Property Rights)
- If any copyright or other intellectual property right is created with any Contents posted or transmitted by a User in the Services, the User shall agree that, during the period in which the intellectual property right continues to exist, the Company may use such Contents free of charge in any manner to the extent necessary for the advertisement, promotion, improvement, maintenance, etc. of the Services (including but not limited to reproduction, screening, transmission to the public, distribution, assignment, lease, translation and adaptation). Any User shall not exercise his or her moral right against such use of Contents by the Company or a third party authorized to use by the Company based on this Paragraph.
- Except as provided in the preceding Paragraph, all intellectual property rights on sentences, images, pictures, site designs, layouts, trademarks, marks and other Contents related to the Services as included in the Website shall belong to the Company or those parties having granted licenses thereof to the Company. No User may use any of such Contents without obtaining the Company’s prior written approval.
Article 19 (Confidentiality)
If the Company discloses any non-public information to a User in relation to the Services on condition that the User handles the information on a confidential basis, the User shall handle the information confidentially and shall not disclose it to any third party, unless otherwise approved in writing beforehand by the Company.
Article 20 (Severability)
- Even if any provisions of the Terms are held invalid based on applicable law and regulations, the other provisions hereof shall remain in force and effect.
- Even if any provisions hereof is null and void or cancelled in relation to a specific User, the Terms shall remain in full force and effect in relation to the other Users.
Article 21 (Standard Time)
The standard time for making a booking for participation in an Activity Program, cancellation of booking and all other matters related to the Services shall be local time in Japan.
Article 22 (Governing Law and Competent Court)
The Terms shall be governed by and construed in accordance with the laws of Japan. All lawsuits which may arise in relation to the Terms between the Company and a User shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.
Established on July 14, 2014
Amended on November, 8, 2015