Terms of Use / Act on Specified Commercial Transactions

Chapter 1 General Provisions

Article 1 (Purpose)
1 These Terms of Use are established by and between System Create Co. (hereinafter referred to as “the Company”), to customers using the Service (hereinafter referred to as “Users”). (hereinafter referred to as the “Company”) shall provide to customers who use this service (hereinafter referred to as “Users”), accommodation tickets from accommodation providers (hereinafter referred to as “Accommodation Service Providers”) and conference tickets (hereinafter referred to as “Tickets”). (hereinafter referred to as the “Company”) will provide to a customer using the Service (hereinafter referred to as the “User”) a certificate for use of the accommodation of a lodging service provider (hereinafter referred to as the “Accommodation Service Provider”) and a conference ticket (hereinafter referred to as the “Ticket”). The “Contents” shall be defined as necessary for the provision of services such as the sale of tickets and other services (hereinafter referred to as “Contents”). This document sets forth the matters necessary for the provision of accommodation tickets and services such as the sale of conference tickets (hereinafter referred to as “Tickets”) (hereinafter referred to as “Contents”) of the accommodation service provider (hereinafter referred to as “Accommodation Service Provider”).
2 These Terms and Conditions apply between the Company and users and ticket holders, and users and ticket holders are deemed to have agreed to these Terms and Conditions when using the Service and tickets.
3 The Company only provides a platform for accommodation service providers to sell tickets to users and to accept tickets for use by users, and is not engaged in the travel industry. It does not engage in the travel business.

Article 2 (Definitions)
In this Agreement, the terms used in the following items shall have the meanings set forth in the respective items.
(1) This service
A service provided by the Company whereby a user applies to receive a ticket issued by an accommodation service provider through the Site, and the user is able to receive the ticket.
(2) This site
The website (“ADCD2023NARA”) operated by the Company to provide the Service.
(3) Tickets
Accommodation tickets sold by accommodation service providers through this service.
(4)User Information
Information about the user, as defined by the Company, that is required to be entered as a prerequisite for use of the Service.
(5) Accommodation Contracts, etc.
Accommodation contract or any other contract which provides for the use of a guest room or facilities of an accommodation service provider, concluded between the Ticket Holder and the accommodation service provider with respect to the provision of a guest room.
(6) Users
A customer who purchases a ticket sold by an Accommodation Service Provider within the Service and a customer who has purchased a ticket.
(7) Ticket Holders
A person who holds a ticket when making a reservation for lodging with a lodging service provider.
(8) Usage Agreement
User Agreement means the agreement between the Company and the user, which is based on the Terms and Conditions of this “ADCD2023NARA”.

Article 3 (Notification)
1 When we give notice to users in relation to the Service, we will do so in a manner we deem appropriate, such as by posting notices on the Site or by sending e-mail to the e-mail address registered as user information.
2 Notices given by the method specified in the preceding paragraph shall become effective at the time they are posted on the Site if they are given by posting on the Site, or at the time the Company sends the relevant e-mail if they are given by sending an e-mail.

Chapter 2 Formation of Contract

Article 4 (Formation of this Service Agreement)
1 The contract for use of the Service (hereinafter referred to as the “Service Contract”) shall be concluded when a person who wishes to use the Service agrees to the terms of this Agreement and the handling of personal information, enters user information, applies for the Service in the manner designated by the Company, and the Company accepts the application. 1. A contract for the use of the Service (hereinafter referred to as the “Service Contract”) shall be deemed to be formed when a person who wishes to use the Service agrees to the terms of this Agreement and the handling of personal information, enters user information, and applies for the Service in the manner specified by the Company, and the Company accepts the application.
2 The contract between a user and a lodging service provider through the Service is concluded directly between the two parties, and we do not take the position of a party to the provision of lodging services, etc. We only provide a platform, and are not responsible for any events other than those caused by system failures, etc. of the platform. We shall not be liable for any events other than those caused by system failure of the platform, etc.
3 If a minor wishes to use the Service, the consent of a legal representative is required.

Article 5 (Usage Fees and Costs)
1 The Company shall deliver a ticket that includes use of the accommodation (including by way of electromagnetic record), and the User shall pay the price of the ticket and the prescribed service charge (hereinafter referred to as the “Service Charge”). The User shall pay the Company the price of the ticket and the prescribed service charge (hereinafter referred to as the “Service Charge”). However, the rights and obligations pertaining to services such as accommodations shall arise only between the user and the accommodation service provider.
2 The ticket price and service charge in the preceding paragraph shall be calculated in accordance with the attached sheet (including the description on the web page such as ticket purchase page, etc.; the same shall apply hereinafter). The same shall apply hereinafter). (2) The ticket price and service charge in the preceding paragraph shall not be refunded in principle, except as otherwise provided in the Exhibit (including descriptions on the ticket purchase page and other web pages).
3 The method of payment of the ticket price, service charge and other payment price described in Paragraph 1 shall be by credit card or other payment method designated by the Company.
4. The User shall bear and be responsible for the preparation of telecommunication costs and telecommunication equipment, etc. necessary for use of the Service. However, the Company does not guarantee that the Service and the Site will operate properly on the telecommunications equipment, etc. used by the User.

Article 6 (Change or Cancellation of Ticketed Reservations)
1 If a user wishes to change or cancel the contents of a reservation for which a ticket has been used, the user shall submit an application to the Accommodation Service Provider through the dedicated page on this site. However, we cannot guarantee the approval of the accommodation service provider. 2 In case of change or cancellation of a reservation by the Ticket Holder, the Ticket Holder may be required to pay us a specified fee in accordance with the provisions of the Exhibit attached hereto. In addition, the Company shall not be liable for any penalties incurred in the event of change or cancellation of an accommodation contract, etc., which has been concluded between the Ticket Holder and the accommodation service provider, etc.
3 If a user changes the details of a reservation using a ticket or cancels a reservation without following the method described in Paragraph 1, in addition to having to pay the prescribed fee in accordance with the preceding paragraph, the Company may take necessary measures in accordance with the provisions of Articles 15 and 16.

Article 6-2 (Reservation Service)
1 As a service incidental to the sale of tickets through the Site, the Company may provide a function that enables users to make reservations through a dedicated page on the Site.
2 When a user makes a reservation using the functions described in the preceding paragraph, the reservation is established directly between the user and the accommodation facility.
3 The Company shall not be liable for any trouble or damage resulting from reservations made in accordance with the preceding paragraph, except in the case of a malfunction of the Website. In the event of any doubt arising from a reservation made in accordance with the preceding paragraph, please contact the accommodation facility directly for confirmation, if necessary.

Chapter 3 Ticket Precautions
Article 7 (Transfer of Ticket)
1 Users may not transfer tickets purchased within the Site to a third party without the Company’s permission.
2 Notwithstanding the provisions of Paragraph 1, in the event that a user or ticket holder commits an act stipulated in Article 14 or any other act that damages the value of the Company or its contents, in addition to measures prohibiting the transfer of tickets, the Company may take necessary measures to compensate for damages in accordance with Article 6-1, Article 15, Article 16, Article 17, and the Civil Code. In addition, the Company may take necessary compensation measures in accordance with Article 6-1, Article 15, Article 16, Article 17, and the Civil Code.

Article 8 (Ticket Expiration Date)
1 The expiration date of a ticket shall mean the period beginning on the date the ticket was purchased and ending on the date indicated on the ticket as the expiration date.
2. A ticket whose expiration date has passed shall be deemed to have lost its validity as stated on the ticket. The holder of a ticket whose expiration date has passed shall have no right to make any claim against the Company or the accommodation service provider.
3 The period in Paragraph 1 will not be extended except in cases of force majeure, such as natural disasters. However, the expiration date may be extended in the event that the Company is found to have committed an intentional error or negligence.

Article 9 (How to use tickets)
1 Accommodation at a lodging service provider using a ticket is made by the ticket holder individually making a reservation for accommodation in accordance with the terms and conditions of the lodging service provider. However, the accommodation service provider may prepare a separate sheet. In such cases, the accommodation reservation must be made in accordance with the separate sheet.
2 With regard to the reservation in the preceding paragraph, the ticket grants the accommodation authority of the accommodation service provider within the validity period, and does not guarantee the accommodation on the date and time requested by the user and ticket holder.
3 When a user uses an accommodation service provider based on the reservation described in Paragraph 1, the user shall receive services in accordance with the accommodation terms and conditions of the accommodation service provider, and the Company shall not be liable for any problems during the stay. In the event that the User incurs damages due to the Company’s involvement in a dispute with the accommodation service provider, the Company will make a claim for compensation for damages in accordance with the provisions for claiming compensation for damages under the Civil Code.

Chapter 4 Usage Precautions

Article 10 (Management of User Information)
1 Users shall strictly manage the e-mail address and other user information entered when applying for use of the Service at their own responsibility, and shall be liable for any and all actions taken using such information. However, if the Company is found to be willful or grossly negligent, the Company shall compensate for damages in accordance with the provisions of Article 22.1.
2. You shall not allow others to use the Service with your user information.

Article 11 (Change of User Information)
In the event of any change in the information entered at the time of application for use of the Service or any other user information notified to the Company, the User shall promptly notify the Company of such change by the method designated by the Company. The Company shall not be liable for any damages incurred by the User due to failure to submit such notification. However, if the Company is found to be willful or grossly negligent, the Company shall compensate the User for damages in accordance with the provisions of Article 22.1.

Article 12 (Terms of Use and Other Precautions)
1 Users shall comply with the terms and conditions of use of the Service as specified by the Company with respect to the entry of user information, etc.
2 Users are responsible for entering accurate e-mail addresses and other user information. In no event shall the Company be liable for any damages incurred by the User due to incorrectly entered e-mail addresses or other user information. However, if the Company is found to be willful or grossly negligent, it will compensate for damages in accordance with the provisions of Article 22.1.

Article 13 (Sites and Services of Other Business Operators)
1 With respect to websites or web services operated by third parties other than the Company in connection with the Service (“Third Party Sites/Services”), User shall use the Third Party Sites/Services at User’s own risk. The User shall use the Third Party Site/Service at its own risk, and the Company shall not be liable for the use of the Third Party Site/Service by the User or the results thereof.
2 Users shall abide by the terms and conditions and other provisions that stipulate the rights and obligations between the user and the operator of the third-party site/service with respect to the use of the third-party site/service.

Article 14 (Prohibited Acts)
Users shall not engage in any of the following acts in connection with the Service
(1) Making false declarations to the Company
(2) Use of information and services, including the Site, provided by the Company under this User Agreement for any purpose other than the purpose of the Service.
(3) Any act that infringes or may infringe the property (including intellectual property rights), privacy, or trust of the Company or any third party. (3) Any act that infringes or may infringe the property (including intellectual property rights), privacy, or trust of the Company or any third party.
(4) Other than the preceding item, any act that unlawfully infringes or may infringe upon the interests of the Company or a third party
(5) Any act that violates or may violate laws and regulations or offend public order and morals
(6) Use or transmission of computer viruses or other harmful programs, or actions that may cause such use or transmission
(7) In addition to the preceding item, any act that interferes or may interfere with the execution of our business, implementation of this service, or our telecommunications facilities, such as unauthorized access.

Article 14-2 (Method of Use)
1 When a user uses a ticket, the user shall follow the appropriate procedure in accordance with the usage method separately stipulated by the Company.
2 The ticket is deemed to have been used for the accommodation even if the user does not use the ticket in the correct manner, or if the ticket has been used in such a way that it loses its validity, e.g. by being put into a state where it has already been used.

Chapter 5 Cancellation of Contract, etc.

Article 15 (Cancellation of Contract by the Company, etc.)
1. In the event that a User falls under any of the following items, SOFTBANK TELECOM may cancel all or part of this Service Agreement or suspend provision of the Service without any notice or demand to the User.
(1) In the event of any act in violation of these Terms and Conditions
(2) If we determine for reasonable reasons that you are a crime syndicate or other anti-social force
(3)If it is known that you have been subjected to termination or suspension of provision of services under this Article with us in the past
(4) If the User has not responded to a request for a response for more than 30 days, or if the User’s whereabouts are unknown or unreachable.
(5) In any other case where we reasonably determine that you are unsuitable as a user.
2 We shall not be liable for any action taken by the user to terminate or suspend the provision of the service based on the preceding paragraph.

Article 16 (Withdrawal by User)
1 Users may cancel their membership through a prescribed method determined by the Company.
2 After the withdrawal procedure in the preceding paragraph is completed, the member will not be able to receive the service, and the Company will not be liable for any damages resulting from such withdrawal.

Chapter 6 Suspension, Change and Termination of Service

Article 17 (Suspension of this Service)
1 We reserve the right to suspend all or part of the Service in the event of any of the following events
(1) In the event of failure of systems, facilities, etc. necessary for the provision of this service, or in the event that maintenance, maintenance, construction, etc. becomes necessary.
(2) When it becomes difficult to provide the Service due to the actions of a third party other than the Company, such as when a telecommunications carrier discontinues providing telecommunications services
(3) If the provision of this service becomes or may become difficult due to an emergency situation (natural disaster, war, terrorism, riot, disturbance, official disposition, labor dispute, etc.)
(4) When a third party site or service is no longer available due to circumstances of the third party
(5) When it becomes difficult to provide this service due to legal regulations, administrative orders, etc.
(6) For any other reasons beyond our control that we deem necessary or unavoidable.
2 We shall not be liable for any damage incurred by the user or a third party as a result of the suspension of the Service in accordance with the preceding paragraph.

Article 18 (Change, Discontinuance and Termination of this Service)
1 We reserve the right to change, suspend, or terminate all or part of the Service with prior notice to the User. However, except in cases where the prior consent of the user is required by law, the Company may change, suspend, or terminate the Service without notice.
2 The Company shall not be liable for any damage incurred by the user as a result of the modification, suspension or termination of the Service in accordance with the preceding paragraph.

Chapter 7 General Provisions

Article 19 (Non-Guarantee)
The Company shall endeavor to ensure that the Service functions in the recommended environment. However, the Company does not guarantee that the information provided by the Company or obtained by the user through the Service is accurate, legitimate, useful, or complete.

Article 20 (Security Measures)
Although we take security measures such as SSL encryption when transmitting data on the registration and application screens of this site, we do not guarantee complete security to users.

Article 21 (Intellectual Property Rights)
Intellectual property rights, including copyrights, moral rights, patent rights, design rights, trademark rights, and publicity rights, in connection with the Service shall belong to the Company and third parties who are the legitimate right holders.

Article 22 (Indemnification and Disclaimer of Liability)
1 In the event of intentional or gross negligence on the part of the Company, the Company shall compensate the User for direct and ordinary damages actually incurred by the User in connection with the Service, and shall not be liable for any other damages.
2. If a dispute arises between a user and a third party regarding the Service, the user shall resolve the dispute at the user’s own responsibility and expense, shall not cause any trouble to the Company, and shall indemnify the Company for any damages (including attorney’s fees) incurred by the Company as a result of the dispute. The Company will indemnify the User for any damages (including legal fees) incurred by the Company as a result of the dispute.

Article 23 (Personal Information)
The handling of personal information shall be as set forth in our Privacy Policy.

Article 24 (Prohibition of Assignment of Rights and Obligations)
1 You shall not transfer or allow a third party to succeed to your user registration information or your rights as a user under this User Agreement without our prior written consent.
2 Transfer of tickets to a third party shall be made in accordance with Article 7.

Article 25 (Exclusion of Antisocial Forces)
1. The user shall make the following commitments to us.
(1) itself (in the case of a corporation, including its representatives, officers, employees (regardless of their employment status) and shareholders, etc.) (1) itself (in the case of a corporation, including representatives, officers, employees (regardless of employment status) and shareholders, etc. The same shall apply hereinafter) (1) That it (or, in the case of a corporation, its representatives, officers, employees (regardless of the form of employment), and shareholders, etc.) is not a crime syndicate, a member of a crime syndicate, a person for whom five years have not passed since ceasing to be a member of a crime syndicate, an associate member of a crime syndicate, a company related to a crime syndicate, a general meeting house or other similar person or member thereof (hereinafter collectively referred to as “antisocial forces”) Not a person who has been a member of a crime syndicate for five (5) years or less.
(2) That his/her relatives are not antisocial forces.
(3) That you will not allow antisocial forces to use your name to enter into this Service Agreement and user registration (hereinafter collectively referred to as “User Registration, etc.”). (3) The User shall not allow antisocial forces to use its name to enter into this Service Agreement and User Registration (collectively, “User Registration, etc.”).
(4) Using oneself or a third party to use threatening words or actions or violence against the Company in connection with user registration, etc., or to obstruct the Company’s business or damage its credibility by using deceptive means or force
2. In the event that a user falls under any of the following items, SOFTBANK TELECOM may immediately terminate this Service Agreement and cancel the user’s registration without any notice.
(1) In the event that it is found that a declaration or representation contrary to the assurance set forth in item 1 or 2 of the preceding paragraph has been made.
(2) When it is found that the User has registered in violation of the assurance in item 3 of the preceding paragraph.
(3) In the event of an act in violation of the assurance set forth in item (4) of the preceding paragraph.
3 In the event of termination of this Service Agreement or cancellation of user registration pursuant to the preceding paragraph, the user shall compensate us for any damages suffered by us.
4 In the event of termination of this Service Agreement or cancellation of user registration pursuant to the provisions of Paragraph 2, MTI shall not be obligated to compensate the user for any damages incurred by the user as a result of the termination.
5. In the event that the Company deems it necessary to conduct an investigation in order to make a decision related to Paragraph 2, the User shall, at the Company’s request, cooperate with such investigation (including the submission of any materials requested by the Company). 5. If the Company determines that an investigation is necessary to make a decision related to Paragraph 2, the User must cooperate with the Company’s investigation (including the submission of materials requested by the Company) upon request.

Article 26 (Modification of Terms and Conditions)
1 The Company may change these Terms and Conditions in any of the following cases
(1) When the modification of these Terms and Conditions is compatible with the general interest of the applicant
(2) the modification of these Terms and Conditions is not contrary to the purpose for which the agreement was made under these Terms and Conditions, and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and the contents and other circumstances pertaining to the modification; and
2 In the event of modification of the Terms of Use, the Company shall specify an effective date and notify users of the modification of the Terms of Use, the contents of the modified Terms of Use, and the effective date of the modification by e-mail or other means. In the case of modification of the Terms of Use in accordance with the second item of the preceding paragraph, such notification shall be made by the effective date of such modification.
3. Upon the arrival of the effective date stipulated in the preceding paragraph, the Terms of Use shall be modified, and the contents of the Agreement between the user and the Company and other rights and obligations between the Company and the user shall be governed by the modified Terms of Use.

Article 27 (Governing Law, Court of Jurisdiction)
1 This Terms of Use Agreement and this User Agreement shall be construed in accordance with and governed by the laws of Japan.

2. If any dispute arises between the user and the Company regarding this Terms of Use or this Service Agreement, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the suit.

Indication based on the Act on Specified Commercial Transactions

1 (Name of business)
System Create Co.

2 (Name of representative or person responsible for operations related to mail order sales)
Shinichi Nakagawa

3(Address)
104 Miyamaki Nojin, Kyotanabe City, Kyoto, Japan

4(Phone number)
0774-65-5319

5(web page)
www.systecreate-kyoto.com

6 (Sales price of goods and compensation for services)
Prices displayed on the purchase page of each product or service

7 (Expenses other than compensation)
nashi (Pyrus pyrifolia, esp. var. culta)

*Internet connection fees and other telecommunication line communication costs must be paid separately by the customer (amounts are determined by the service provider with whom the customer has contracted).

8(Payment method)
Credit card payment

9 (Time of payment)
The debit date will be the debit date of your credit card company.

10(Timing of service provision)
After receiving approval for credit card usage, service will be provided on the date and time requested.

11 (Cancellation Clause)
(1) Products and services sold on the Site will not be changed or cancelled after the purchase procedure is completed except in accordance with the Terms of Use or the method described on the Site. If there is any contractual non-conformity with the products or services, we will respond to such non-conformity in accordance with the provisions of the Terms of Use.

(2) For products or services that have special terms of sale or offer, the terms will be indicated on the purchase page of each product or service.

… and upwards