Terms of Use

Article 1 (Application of Terms and Conditions)

1. These Terms of Use shall apply to all acts of the User in using the Miyakojima Tours Service (as defined in the following Article) through the "Miyakojima Tours" Internet website (hereinafter referred to as the "Site") managed and operated by ShumMaKe Inc. (hereinafter referred to as "the Company") through the internet website "Miyakojima Tours" (hereinafter referred to as "the Site"), and the User shall use the Service upon agreeing to these Terms of Use.
2. In the event that there are any notices, etc., presented by the Company on the Service (hereinafter referred to as the "Notes, etc."), the Notes, etc. shall constitute a part of these Terms and Conditions respectively.
3. We deem that the user's use of the Service constitutes acceptance of these Terms of Use.

Article 2 (Definition of the Service and Formation of Contract)

1. This service means a service that enables users to make reservations for experience-based activity services and related services that have been pre-registered by the listed service providers (as defined in the following section) via the Internet.
2. The businesses listed on this site (hereinafter referred to as "listed businesses") provide hands-on activity services and related services (hereinafter referred to as "services provided by businesses") at their own risk, and we are not involved in any way in the provision of the services provided by businesses.
3. Users may make reservations for services provided by businesses by entering the necessary information specified by the Company on the Site.
   The contract for use of the service provided by the service provider (hereinafter referred to as the "Usage Contract") shall be established between the service provider and the user at the time when the service provider notifies the user of its acceptance of the reservation application. The contract for the use of the service provided by the service provider (hereinafter referred to as the "Service Contract") shall be established between the service provider and the user at the time of notification of acceptance of the reservation application to the user.
4. In the case of the preceding paragraph, the Company shall send a "Reservation Confirmation E-mail" containing a "Reservation Number" to the e-mail address designated in advance by the user in order to certify the reservation application. The "Reservation Confirmation E-mail" shall not be construed as proof of the formation of a contract of use, and the contract of use shall be formed in accordance with each item of the preceding paragraph.
5. When a contract of use is concluded between a user and a service provider based on the provisions of this article, the user is deemed to have agreed to assume the obligation to bear cancellation fees, etc., as separately stipulated by the service provider.

Article 3 (Concept of Usage Fees for this Service)

1. The user acknowledges that information regarding fees for the use of services provided by listed businesses (hereinafter referred to as "usage fees") and other information may differ from information provided in other media. The Fees include consumption tax and local consumption tax (hereinafter collectively referred to as "Consumption Tax, etc."), but may or may not include service fees and other taxes.
2. The user acknowledges that the usage fees provided by the listed service providers will be changed. The changed fee will be applied only to the user who made a reservation after the change, and the fee before the change will be applied to the user who made a reservation before the change.
3. Even if the usage fee is changed after the user's reservation application and the user subsequently changes the reservation details, the usage fee before the change will still apply to the user in question.

Article 4 (Establishment of Reservation Cancellation and Prohibition of No-Contact Cancellation)

1. When canceling a reservation for a service provided by a service provider, the user shall confirm the reservation details via the "reservation completion e-mail" sent from the service, and contact us by phone, e-mail, or other equivalent method (including but not limited to SNS and messaging applications), The User shall cancel the reservation. If the User intends to cancel a reservation after the "Cancelable/amendable date and time" in the reservation completion e-mail, the User must contact the Company directly by phone and follow the cancellation procedures immediately.
2. If the user cancels the reservation, the cancellation shall be effective as of the time specified below.
   • In the event that the User cancels the reservation by contacting the Company: At the time the Company notifies the User that the User has accepted the cancellation of the reservation.
   • In the case of other methods: At the time when we notify you of the completion of the cancellation of your reservation in accordance with the prescribed method.
3. When a user finds that he/she is unable to use said service on the scheduled date of use of the service provided by the service provider, the user shall promptly notify us to that effect and follow our instructions. If the User is obligated to pay a cancellation fee, the User shall pay the cancellation fee stipulated in this Service by the prescribed method and date.
4. In the event that a user does not show up on the scheduled day of use of a service provided by a business without prior notice, and does not use the business, the Company and the listed business shall deem such user to have cancelled without notice, and may suspend use of all services related to this site, including this service, or take any necessary measures (including legal action) against such user. The Company reserves the right to take any necessary action (including legal action). In addition, the user must pay the cancellation fee set by the relevant listed business by the prescribed method and date.
5. Even if a user does not wish to cancel a reservation, if we determine that the contents of the reservation for the user's use of the service provided by the service provider may be in violation of laws and regulations or reasonably inappropriate, we shall have the right to cancel the reservation in question.

Article 5 (User Compliance)

1. Users shall not reproduce or transmit information obtained through the use of this site for any purpose other than their own personal use without the prior consent of the Company and the listed businesses, and shall not make it available to any third party in any manner whatsoever.
2. Users shall execute contracts directly with the listed service providers at their own responsibility, and shall direct any inquiries or requests regarding the services provided by the service providers to the relevant listed service providers.
3. In addition to the preceding two paragraphs, users shall fully understand and comply with the conditions and rules separately stipulated by the listed businesses.
4. In using the Service, the User shall not engage in any of the following acts

• Transmitting or posting information by impersonating a third party
• Use of the Service by any method other than that approved by the Company
• Transmitting or writing harmful computer programs, etc., or sending spam mail, chain letters, junk mail, etc.
• Acts that infringe or may infringe the copyrights or other intellectual property rights of the Company or third parties
• Acts that slander, libel, or defame the Company, the listed business, or third parties
• Disclosure to others of information, documents, graphics, etc. that are offensive to public order and morals
• Registering false or incomplete information regarding the name, address, telephone number, e-mail address, credit card number, etc. of a user of a service provided by a business or an individual user, whether intentionally or unintentionally.
• Non-payment of the reservation fee, cancellation fee or usage fee charged by the listed business (regardless of the reason)
• Violent or otherwise disruptive behavior toward the listed company, the Company, or a third party
• Reservations that make it impossible to use the services provided by the operator, such as making reservations with multiple listed operators on the same date.
• Resale to others or reservations deemed to be made for commercial purposes
• Other acts that violate or may violate laws and regulations

5. If any damage is caused to us or a third party as a result of the user's actions that fall under any of the items of the preceding paragraph, the user shall bear all legal responsibility and shall not cause any damage to us or any third party.
6. In the event that we cancel a reservation for the use of a service provided by a business in accordance with Article 6, the User shall pay the cancellation fee for the listed business in question.
7. If a user has a complaint about the content of a service provided by a business, the user shall file such complaint with the relevant listed business on the spot.
8. If the user is a minor, the reservation shall be made with the consent of a legal representative. In the unlikely event that the user falsifies the consent of his/her legal representative or falsely claims to be an adult, his/her actions are irrevocable.

Article 6 (Violation of User Compliance)

1. In the event that a user violates any of the compliance items in the preceding article, or in any other case that the Company deems inappropriate for the operation of this service, the Company reserves the right to terminate the said action, cancel the contract of use between the said user and the relevant listed business, or delete the posted information, as well as to take any necessary measures (including legal action) such as suspending the use of all services related to this site, including this service, by the said user, or claiming damages. We reserve the right to suspend any and all services related to this site, including this service, or take any necessary measures (including legal action) such as claiming compensation for damages.
2. In the event that a User is presumed to be in violation of the compliance items in the preceding Article, or in any other case that the Company reasonably deems inappropriate for the operation of the Service, the Company may confirm the details of such conduct with the User.

Article 7 (Posting of Reviews)

1. Users may post comments to the word-of-mouth posting service provided by the Company on the Site.
2. The Company will review the content of the submitted reviews and may publish them to other users.
3. The rights to the submitted reviews shall belong to the Company and may be used on this site and other sites.

Article 8 (Copyright)

1. The User shall not use any Content provided through the Site beyond the scope of the User's personal use as defined by the Copyright Act without the Company's prior consent.
2. In the event of a dispute arising from a violation of the provisions of this Article, the User shall resolve said dispute at its own expense and responsibility, and shall hold the Company and third parties harmless from any and all damages.

Article 9 (Addition and Subtraction of Businesses Listed on this Website)

1. Plans or businesses listed on this site are subject to change (including additions and termination of participation) without prior notice to users for the convenience of the Company or the listed businesses, and users shall consent to such changes in advance. The User agrees in advance to such changes.
2. If a contract of use is in effect between a user and a service provider at the time of a change in the service provider in accordance with the preceding paragraph, the contract shall remain in effect, and a change in the service provider shall have no effect on the contract of use.

Article 10 (Temporary Suspension of this Site and this Service)

We reserve the right to temporarily suspend operation of the Site and the Service without prior notice to users in any of the following cases

• When performing maintenance or changing the specifications of this site
• In the event that a natural disaster or other emergency occurs or threatens to occur, and the operation of this Site or this Service becomes impossible.
• When our company deems it necessary to temporarily suspend this service due to unavoidable reasons.

Article 11 (Handling of User Information)

The Company may acquire access logs (hereinafter referred to as "user information") in order to compile statistical data for the purpose of improving the convenience of the users of this website. The Company may acquire access logs ("User Information") in order to compile statistical data for the purpose of improving the convenience of visitors to the Site. We will not disclose User Information to any third party unless legally required to do so.

Article 12 (Disclaimer of Liability)

1. The Company is under no obligation to investigate the business conditions of the listed businesses.
2. The Company makes no warranty of any kind with respect to the services provided by the listed businesses. Information regarding the listed businesses, etc., is registered on this site upon submission by the relevant listed businesses, and the Company does not guarantee the accuracy, completeness, usefulness, etc., of the said information. In the unlikely event that any trouble arises between a user and a listed business in relation to services provided by a business, etc., the Company shall bear no responsibility whatsoever, except in cases where the trouble is due to reasons attributable to the Company.
3. We shall not be liable for any loss, delay, or misdelivery of information due to natural disasters, line congestion, equipment failure or stoppage for maintenance, termination of participation by the listed service providers, or falsification or leakage of information by a third party, unless such damage is caused by reasons attributable to us.
4. We shall not be liable for any dispute between a user and a listed business that arises in connection with the Service other than those described in the preceding paragraphs, unless such dispute is caused by a reason attributable to us.
5. Even if we are liable in accordance with the provisions of the preceding paragraphs, our liability shall be limited to direct and ordinary damages unless we have committed willful misconduct or gross negligence.

Article 13 (Modification of Terms and Conditions)

1. The Company reserves the right to change (including additions and deletions) the Terms and Conditions and various notices, etc., without prior notice to the User. The Company reserves the right to make changes (including additions and deletions; the same applies hereinafter) to the Terms and Conditions and other related information without prior notice to users. Please be sure to check these Terms of Use and other notices each time you use the Service.
2. By using the Service after any modification of the Terms of Use or the Precautions, etc., the Company will deem that the User has accepted the modified Terms of Use or the Precautions, etc.

Article 14 (Prohibition of Assignment of Rights and Obligations)

1. The User shall not assign its position as a user of the Service, or its rights and obligations based on such position, to any third party or offer them as collateral, except with the prior consent of the Company.
2. In the event that a user violates the preceding paragraph, we reserve the right to cancel the contract between the user and the business posting the information, delete the posted information, suspend the user's use of all services related to this site, including this service, or take other necessary measures (including legal action) such as claiming compensation for damages. The Company reserves the right to take any necessary measures (including legal action), such as suspending the use of any and all services related to the Site, including the Service, or claiming compensation for damages.

Article 15 (Governing Law and Jurisdiction)

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, and any dispute arising out of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

Article 16 (Exclusion of Antisocial Forces)

The User shall represent that he/she does not fall under the category of antisocial forces (i.e., organized crime groups, organized crime group members, persons who have not been organized crime group members for five years, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, general assemblymen, etc., socially motivated groups, or special intelligent violent groups, and other similar persons), and that he/she will not engage in illegal activities such as violent acts, fraudulent or threatening acts, or obstructing business operations. (i.e., quasi-organized crime syndicates, companies affiliated with crime syndicates, general assembly dealers, etc., social movements, etc., or special intelligent violent groups, etc., and other similar persons), and that they will not engage in illegal acts such as violent acts, fraudulent or threatening acts, or business obstruction. In the event of a breach of such representations, the Company may cancel the user's contract with the relevant service provider, suspend the user's use of all services related to this site, including this service, revoke the user's membership, terminate any other contracts associated with this service, or take necessary measures such as claiming compensation for damages (including legal action). (including legal action).

supplementary provisions

These Terms and Conditions are effective as of December 15, 2018.