This agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions for the use of the "NOT A HOTEL Reservation System" (hereinafter referred to as the "System") operated by NOT A HOTEL Co., Ltd. (hereinafter referred to as the "Company").
Article 1 (Services Provided by the System)
- On the NOT A HOTEL homepage and application operated by the Company (hereinafter referred to as the "NOT A HOTEL Homepage"), customers can make reservations for certain products provided by hotel operators (hereinafter referred to as "Hotel Operators") operating under the NOT A HOTEL brand.
Article 2 (Agreement and Amendment to this Agreement)
- This Agreement applies to all relationships between customers and the Company relating to the use of the System, and customers are deemed to have agreed to this Agreement and use the System in accordance with the provisions of this Agreement.
- The Company may amend the contents of this Agreement by posting them in appropriate locations on the NOT A HOTEL Homepage and application as necessary. If a customer uses the System after the amendment to this Agreement, the customer is deemed to have agreed to the amendment. Customers who do not agree to the amendment of this Agreement should discontinue using the System. The Company shall not be liable for any damages incurred by customers as a result of the revision or amendment of this Agreement, except in cases where such damages are caused by the intentional or gross negligence of the Company.
Article 3 (Things to Prepare When Using the System)
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In order to use the System, the following are required:
- Apple ID or Google account
- A device such as a computer or smartphone that can connect to the Internet
- Customers are responsible for the installation and operation of the equipment, software, and communication environment mentioned in the preceding paragraph. The Company does not guarantee that the System will be compatible with all devices, and does not assist in the preparation, installation, or operation of such devices. The Company also does not provide support to customers in these matters.
Article 4 (User Registration)
- The registration and use of the System must be carried out by the individual concerned. When registering your email address and password (hereinafter referred to as "Account Information"), be sure to enter accurate information.
- The Company may refuse to approve an application for user registration if the applicant falls under any of the following subparagraphs:
- If the applicant has been subject to suspension of use or other disciplinary action by the Company due to a violation of this Agreement or other agreements in the past
- If the registered information contains inaccurate or false information
- If the Company has reasonable grounds to believe that the applicant has engaged in or is likely to engage in acts that hinder the operation or provision of services by the Company or Hotel Operators or that interfere with the use of other customers and has judged based on such grounds
- If the applicant falls under any of the following: a member of a gang, a person who has not been a member of a gang for less than five years since ceasing to be one, a quasi-member of a gang, a gang-related company, a public nuisance group, a special intelligence violence group, or any other person equivalent to these (hereinafter referred to as "Gang Members, etc."); a person designated by the Japanese government or a foreign government as a target of economic sanctions such as terrorists; or a person who has a certain relationship with a gang member, etc. (who is found to be providing funds or providing assistance to gang members, etc., or who is found to be improperly using gang members, etc.), or if the applicant for user registration is a corporation and it is found that gang members, etc. dominate its management or have substantial involvement in its management, or if it is found to have a relationship that should be socially condemned as having a certain relationship with gang members, etc.) (all of the above are collectively referred to as "Anti-Social Forces")
- If the Company determines, based on reasonable grounds, that the applicant is unsuitable for user registration
- Customers are responsible for promptly updating and managing their registration information to ensure that accurate information is always registered. Even if there is a change in the registration information, the Company may treat the information as unchanged if no changes have been made. Even if a notice of change is given, transactions and procedures performed prior to the change may be based on the information before the change.
- Customers are responsible for managing their account information themselves. Customers shall not allow third parties to use their account information or dispose of it by transfer, sale, pledge, lending, rental, or any other means.
- Customers are responsible for any leakage, misuse, use by third parties, or damages caused by unauthorized access or other unauthorized use of account information, and the Company shall not be liable for such damages except in cases where such damages are caused by the intentional or gross negligence of the Company. In the event that the Company suffers damages due to the unauthorized use of account information, the customer shall compensate for such damages.
- Customers shall immediately notify the Company if their account information has been leaked or is at risk of being leaked. In addition, customers shall follow any instructions from the Company in such cases.
Article 5 (Cancellation of Account Registration)
- The Company may cancel a user's registration, refuse access to all or part of the Services, suspend use, or delete all or part of the customer's content or information related to such content, without prior notice, if the customer falls under any of the following subparagraphs or if the Company reasonably determines that the customer falls under any of the following subparagraphs. However, the Company is not obligated to explain the reasons for such measures. The Company may also conduct identity verification deemed necessary by the Company to confirm that the customer does not fall under any of the subparagraphs below and may refuse access to all or part of the Services and take other actions to suspend use until such identity verification is completed.
- If the customer violates this Agreement or other agreements in the past and has been subject to measures such as suspension of use
- If the registered information is deemed to contain inaccurate or false information by the Company
- If the customer has engaged in or is likely to engage in acts that interfere with the operation and provision of services by the Company and Hotel Operators or that interfere with the use of other customers based on reasonable grounds determined by the Company
- If the customer falls under any of the following: a member of a gang, a person who has not been a member of a gang for less than five years since ceasing to be one, a quasi-member of a gang, a gang-related company, a public nuisance group, a special intelligence violence group, or any other person equivalent to these (hereinafter referred to as "Gang Members, etc."); a person designated by the Japanese government or a foreign government as a target of economic sanctions such as terrorists; or a person who has a certain relationship with a gang member, etc. (who is found to be providing funds or providing assistance to gang members, etc., or who is found to be improperly using gang members, etc.), or if the customer for user registration is a corporation and it is found that gang members, etc. dominate its management or have substantial involvement in its management, or if it is found to have a relationship that should be socially condemned as having a certain relationship with gang members, etc.) (all of the above are collectively referred to as "Anti-Social Forces")
- If the Company reasonably determines that the customer is unsuitable for other reasons
- The Company may prohibit the customer who has been subject to the measures under this Article from using and accessing the services provided by the Company in the future.
- The Company shall not be liable for any damages arising from the measures under this Article, except in cases where such damages are caused by the intentional or gross negligence of the Company.
Article 6 (Withdrawal)
- Customers may request the Company to delete their account, and if approved by the Company, they may withdraw.
- The Company shall not be liable for any damages arising from the measures under this Article, except in cases where such damages are caused by the intentional or gross negligence of the Company.
Article 7 (Effects due to Customer's Use Environment)
- The System is intended for use in an environment where appropriate settings for characters (Japanese display), email, and other configurations are made on a computer, tablet device, or smartphone. Except where the Company's liability is proven to be attributable, the Company shall not be liable for any operational results or effects caused by situations that do not meet this requirement.
- Even if the conditions in the preceding paragraph are met, the Company shall not be liable for any damages caused by situations where the System does not function correctly due to all reasons related to the customer's computer environment, which are beyond the control or management of the Company, unless the Company's liability is proven to be attributable.
Article 8 (Caution in Using the System)
- The services provided by the System are not intended to give an advantage to the services provided by hotel operators other than through the NOT A HOTEL Homepage and application. Additionally, reservations may not be available due to reasons such as sold out inventory.
Article 9 (Compliance with Rules for Using Reserved Products)
- When using reserved products, customers must comply with the accommodation agreements and rules of use separately stipulated by the hotel operators.
Article 10 (Making a Reservation)
- Please accurately enter all the necessary personal data required to make a reservation for the desired product. If there are any deficiencies or false information in the input of personal data at the time of reservation, the reservation may be considered invalid.
Article 11 (Establishment of a Reservation)
- A reservation made using the System is deemed to be established when the page containing the details of the reservation is displayed on the customer's screen.
Article 12 (Cancellation and Changes to a Reservation)
- Changes or cancellations to a reservation made using the System shall be made using the ID and password specified by the System.
Article 13 (Cancellation Fees)
- When a reservation is canceled due to reasons attributable to the customer, the hotel operator may charge cancellation fees as specified in the accommodation agreement.
Article 14 (Handling of Personal Information)
- In addition to this Agreement, personal information shall be handled in accordance with the Privacy Policy (hereinafter referred to as the "Policy") posted on the NOT A HOTEL Homepage.
- Customers must confirm and agree to the Policy before using or browsing the services.
Article 15 (Customer's Responsibility)
- Customers are responsible for their own actions and the actions carried out through their own email accounts, as well as the results of such actions, except in cases where such responsibility is attributable to the negligence of the Company. In addition, customers are responsible for resolving any disputes with third parties resulting from their use of the System at their own responsibility and expense if they cause damages to third parties.
- If a customer causes damages to the Company, the System, or hotel operators due to any of the following acts, the Company and hotel operators may claim compensation for all damages suffered from the customer:
- If the customer violates this Agreement, the accommodation agreements stipulated by the hotel operators, or the rules of use
- If the customer sends or writes harmful computer programs
- If the customer sends or writes third-party information
- If the customer uses the System without permission from the hotel operators for purposes other than personal use
- If the customer engages in acts that violate applicable laws and regulations in Japan
Article 16 (Compliance with Basic Matters)
- When using the System, customers must comply with the general manners, morals, and technical rules of internet use. The use of the System for profit, regardless of the reason, is strictly prohibited.
Article 17 (Suspension of Use)
- The Company may refuse the use of the System, the Company's services, and the services provided by hotel operators to any customer who engages in activities that cause inconvenience or disadvantage to third parties or activities that may hinder the Company's services, as determined by the Company to be inappropriate.
Article 18 (Temporary Interruption of Use)
- The Company may temporarily suspend the customer's use of the System without prior notice or consent under the following circumstances:
- When maintenance or construction work is being conducted on the System
- When a natural disaster, incident, or other emergency occurs or is likely to occur, making it difficult to operate
- When the Company deems it necessary to temporarily interrupt the use of the System for operational or other reasons related to the NOT A HOTEL Homepage, application, and System
Article 19 (Changes to the System Content)
- The Company may make changes to the operation or content of the System without prior notice if it deems it necessary. Customers are advised to check this Agreement each time they use the System.
Article 20 (Governing Law for the System)
- The handling of the System shall be governed by the laws of Japan.
Article 21 (Language)
- This Agreement is drafted in Japanese. Even if a translation in English or any other language is created for reference purposes, the Japanese original version shall prevail and the translation shall have no legal effect.
Article 22 (Amendment to Agreement)
- This Agreement is a standardized agreement under the Civil Code, and the provisions of this Agreement shall be amended in accordance with the provisions of the Civil Code if it is deemed to be in the general interest of customers or if there are sufficient grounds to change the Agreement.
- Amendments to this Agreement shall apply from the effective date specified when the revised Agreement is posted on the Company's designated website.
Effective October 1, 2022