These terms and conditions ( "these Terms") establish the various conditions for the use of the tour guide matching platform "Gold-Guide" ( "Platform") operated by West Japan Marketing Communications Inc. ( "Company"), regarding the utilization of various services ( "Services") provided by the Company.
In these Terms, unless separately defined or the context otherwise requires, the following terms shall have the meanings set forth below:
The definitions provided in this Section shall apply not only to these Terms but also to the Privacy Policy and the Guide Terms, unless separately defined or the context otherwise requires.
These Terms are intended to establish the conditions for the use of the Platform between the User and the Company, and shall apply to all aspects of the relationship between the User and the Company related to the use of the Platform. The User shall agree to these Terms and utilize the Platform in accordance with the provisions of these Terms, and by using the Platform, the User shall be deemed to have agreed to these Terms.
If a User is a minor, they must use the Platform only after obtaining comprehensive consent from their legal representatives, such as parents or guardians. In such a case, the Company may contact the User or their legal representatives to confirm the presence or absence of consent from the legal representatives.
The Company may amend the contents of these Terms as necessary. In the event of amending these Terms, the Company shall provide notice of the amendments on the Platform, clearly indicating the details of the amendments and effective date, well in advance of the effective date. When a User uses the Platform after such amendments to these Terms, the User shall be deemed to have consented to the amendments. The User who does not agree to the amendments to these Terms may stop using the Platform or withdraw from the Platform in accordance with the specified procedure before the effective date. In the event of a contradiction between the current and previous versions of these Terms, unless explicitly stated otherwise, the provisions of the current and valid version shall take precedence. The Company shall not be liable for any damage incurred by Users due to the revision or amendment of these Terms, except in cases where such damage results from the Company's intentional or negligent actions.
User registration must be performed by the individual themselves. Furthermore, when registering as a User, accurate information must be provided.
Individual Users and individuals attempting to register as Users ("Users, etc.") may not engage in multiple user registrations.
The Company may not approve an application for user registration if an individual attempting to register falls under any of the following categories:
Users, etc., assure that they do not fall under any category of organized crime groups, and that they will not engage in or allow violent demands, unjust demands exceeding legal responsibilities, acts of intimidation or violence related to transactions, spreading rumors, using deception, or using force to undermine the Company's credibility or interfere with its operations, or any other similar acts, either by themselves or through third parties, and will not engage in any actions similar to these.
Users must promptly update their registration information if there are any changes, and Users are responsible for managing and updating their registration information to ensure that their accurate information is always on record. If changes to the registration details have occurred but have not been made, the Company may treat the registration details as unchanged. Even if changes are reported, the Company may treat transactions and procedures performed before the change as based on the information prior to the change.
Users are responsible for managing the information entered, such as email addresses and passwords (“Account Information"). Users may not allow third parties to use their Account Information or dispose of it through transfer, sale, pledge, lending, or any other means, regardless of the form.
Users shall bear the responsibility for damage resulting from inadequate management of Account Information, leakage of information, errors in use, third-party use, unauthorized access, etc., except in cases where such damage result from the Company's intentional or negligent actions. Furthermore, if the Company incurs damage due to the unauthorized use of Account Information, the User shall compensate for the said damage.
Users shall promptly notify the Company if their Account Information has been leaked to a third party or if there is a risk of such leakage. In such cases, Users shall follow the Company's instructions if provided.
The Company may, without prior notice, take the following actions if a User falls under any of the following categories or if the Company reasonably determines that a User has done so: cancellation of User registration, denial of the User’s access to all or part of the Platform, suspension of the User’s use, and/or removal all or part of the User's associated content or information. The Company shall not be obligated to explain the reasons for such actions. Furthermore, the Company may perform identity verification as deemed necessary to confirm that the User does not fall under any of the following categories, and until such identity verification is completed, the Company may deny the User’s access to all or part of the Platform, suspend the User’s use of the Platform, and take other related measures:
The Company may prohibit Users who have undergone the measures under this Section from using and accessing the platform that the Company provides in the future.
The Company shall not be liable for damage arising from the measures under this Section, except in cases where such damage results from the Company's intentional or negligent actions.
Users may initiate a withdrawal procedure on the Platform by selecting “Edit Customer Info” within “My Page.” f However, if there are pending payment transactions or reserved guided tours that have not yet been provided, Users cannot withdraw. In such case, Users must promptly and smoothly conclude the series of pending transactions in accordance with these Terms and, after completion, submit a withdrawal request to the Company.
The Company shall not be liable for damage arising from the measures under this Section, except in cases where such damage results from the Company's intentional or negligent actions.
The Company shall handle personal information, etc. in accordance with the Privacy Policy in addition to these Terms.
Users shall confirm the Privacy Policy on the Platform and agree to its terms before using the Platform.
Users may only use the personal information, etc. obtained through the Platform within the scope of the Platform usage and may not use it for any other purpose.
Customers shall express their intention to purchase and proceed with reservations and payments through the procedures stipulated by the Company.
Customers shall not make reservations that indicate no intention to purchase or reservations that the Company deems to be for prank purposes.
Regarding damage incurred by Users or third parties due to Customers’ reservations, purchases, etc., the Company shall not be liable, except in cases where such damage results from the Company's intentional or negligent actions.
It shall be deemed that the contract for the respective guided tour is established when a Customer completes the purchase procedure for a guided tour on the Platform. Guides and Customers may not assign, pledge, or otherwise dispose of the rights and obligations arising from the contracts to third parties.
Upon establishment of a contract, the Customer shall pay the guided tour fee through the methods specified by the Company. Unless otherwise specified, the payment processing shall be conducted on the Customer's credit card 14 days prior to the scheduled date of the reserved guided tour.
In the event of disputes between Guides and Customers concerning guided tours or other matters, such disputes shall be resolved between the respective Guide and Customer. However, at the Company's discretion, the Company may also participate in the discussions.
In using the Platform, Customers shall agree to the cancellation policy of the Platform and understand that cancellations by either Customers or Guides, as well as related
refunds, will be processed in accordance with the valid cancellation policy at the time of booking.
Refunds shall be made to the credit card used for payment. Depending on the processing time of the credit card company, it may take time for the refund to be reflected in the
Customer’s account balance. For details, please contact the respective credit card company. The Company and Guides shall not be responsible for any incidental expenses that
Customers and other participants may have incurred directly or indirectly as a result of the reservation of the guided tours. These expenses include, but are not limited to,
visa fees, accommodations, rental cars, airfare, and loss of enjoyment, among others.
When payment or settlement is necessary in relation to the Platform, the payment service operated by a third-party, fincode byGMO, shall be used for payment through the tour reservation on the Platform (“Payment Service"). Payment shall be made using the Customer's credit card. The Platform does not store the Customer's credit card information, and the Customer authorizes the Platform and fincode byGMO to process the Customer's payment. The terms of these payment processes shall be governed by the conditions of the Payment Service and shall apply to payments made by the Customer through its system.
The fees for each guided tour will be displayed in Japanese Yen. The exchange rate shall be determined according to the regulations of each credit card company at the time of payment for the relevant guided tour.
If a Customer fails to make a necessary payment in accordance with these Terms or is delayed in doing so, or if the use of the credit card input into the Payment Service is suspended, the Company may suspend the Customer's use of the Platform and may take measures as specified in Section 5 without notifying the Customer.2 If a Customer fails to make payment by the due date, the reserved tours may be canceled.
Regarding damage incurred by Customers as a result of the input payment methods or financial institution information into the Payment Service being used by third parties or due to inaccurate input information, or due to the Company's implementation or non-implementation of measures based on this Section, except in cases where such damage results from the Company's intentional or negligent actions, the Company shall not be liable.
For the improvement of guided tour services on the Platform in the future, Customers will be requested to provide reviews (“Reviews") of guided tours they have used through the Platform.
Customers agree not upload, publish, and/or send reviews that fall under the following categories:
The Company reserves the right to delete or modify reviews alleged to infringe intellectual property rights or violate these Terms, and/or to suspend the publication of guided tours including such reviews, without prior notice.
Reviews represent the opinions of Customers on the Platform and do not reflect the opinions of the Company. The Company may verify the accuracy of reviews, but does not guarantee their accuracy. The Company shall not be liable for any claims arising from reviews or related to reviews.
When a contract for a guided tour is established on the Platform, the Guide shall pay the Company a usage fee, calculated by multiplying the guided tour fee for the contract by the rate separately specified by the Company in the Guide Terms.
Any personal information collected by the Company using the Platform shall be collected, used, and stored in accordance with the Privacy Policy, the provisions of the currently effective data protection laws, and the rights of the Customer and the obligations of the Company based on such laws. The Company may use Customer's personal information for the following purposes:
The Company will not transfer User's personal information to any third parties.
Users shall use the Platform only in a lawful manner and agree to:
If a User violates the terms of this Section or any other terms herein, the Company may suspend or terminate the User’s access to the Platform. Specifically, the Company may take one or more of the following actions:
The Platform may include links to third-party websites, which may have different terms and conditions. The Platform does not assume responsibility or provide guarantees for the content and/or services available through these websites and does not warrant the content and/or services available through these websites. Users agree to this in advance and agree to comply with these Terms and the terms of use of external services, and to use the Platform and external services. Users are not allowed to link to the Platform from other websites that contain the following materials to their main content:
The Platform will take all reasonable technical measures and precautions to ensure that the Platform is safe, secure, and free from viruses and other malware. Users must not intentionally introduce viruses, malware, or any other material that is malicious or technologically harmful to User's hardware, software, data, or other materials. Users are also prohibited from attempting unauthorized access to any part of the Platform, the servers on which the Platform is stored, or any other server, computer, or database connected to the Platform. Furthermore, Users must not attack the Platform using a denial-of-service attack, distributed denial-of-service attack, or any other means.
The Company may, without prior notice to Users, temporarily suspend all or part of the Platform under the following circumstances
The Company may terminate or modify all or part of the Platform for any reason by following the procedures stipulated by applicable laws and regulations. In the event of termination of the Platform, the Company shall notify Users in advance through appropriate means, or make public announcements as deemed suitable by the Company.
Rights to all materials constituting the Platform belong to the Company or third parties who have such rights. Users shall not acquire any rights whatsoever to any materials on the Platform and shall not engage in any acts that infringe upon the rights of the content materials, including but not limited to ownership, copyrights and other intellectual property rights, portrait rights, publicity rights, without permission from the rights holder. The license to use the Platform hereunder does not imply the permission to use the rights of the Company or third parties who have such rights related to the Platform.
Users shall not use any logos or trademarks displayed on the Platform without explicit written permission from the Company, and shall not frame or embed the Platform on other websites without explicit written permission from the Company. Users shall not reproduce, copy, distribute, sell, rent, sublicense, store, or otherwise reuse the content from the Platform, except with explicit written permission from the Company.
Users may:
Users must always recognize the Company's status as the owner and creator (or, if necessary, the status of identified licensors) of the content on the Platform. Users shall not use the content downloaded or stored from the Platform for commercial purposes without obtaining a license in advance from the Company (or, if necessary, from the Platform's licensors). This does not prohibit normal access, viewing, and use of the Platform for general informational purposes by business users or consumers.
Users, etc. are responsible for the content they disseminate or publish in connection with the Platform, and the Company does not verify the content for its quality, accuracy, credibility, legality, currency, or usefulness. Furthermore, the Company does not provide warranties regarding such content.
Users, etc. are required to independently assess the content posted or published by other Users, etc. for its quality, accuracy, credibility, legality, currency, or usefulness. The Company shall not be liable for any damage arising from the use of its content by other Users, etc., except in cases of intentional or negligent misconduct by the Company.
The Company is not obligated to back up the content. Users shall be responsible for backing up the content at their own expense and responsibility if necessary.
The Company may modify or delete any content posted by a User without prior notice if the Company determines that a User has engaged in activities that violate these Terms or has engaged in inappropriate behavior considering the spirit of these Terms
Users shall prepare and maintain, at their own expense and responsibility, the computers, smartphones, and other devices, software, communication lines, and other communication environments necessary to receive the Platform's services. Users are also responsible for the installation and operation of these devices, software, and communication environments at their own expense and responsibility. The Company does not guarantee that the Platform will be compatible with all devices and is not involved in the preparation, installation, or operation of such devices, software, and communication environments, nor does it provide support to Users in this regard.
Users understand that when using the Platform, data and signals may pass through various networks. Depending on the network and devices connected, Users acknowledge that there is a possibility for the content of data and signals to be altered as they connect to and transverse these networks and devices. With this understanding, Users agree to use the Platform.
The input, listing, purchasing, withdrawal, and other procedures performed by Users via the Internet are considered valid when the data related to these procedures is transmitted to the Company's servers and the content of these procedures is reflected in the Company's system.
Users shall resolve any disputes arising between Users or between Users and third parties in relation to the Platform (including disputes that arise under the assumption of future use of the service) at their own expense and responsibility. In the event of a dispute, the parties involved shall resolve it directly, and if the dispute results in damage to the Company, the parties shall jointly compensate the Company for the damage.
In the event of disputes arising between the User and third parties in connection with the Platform, the User shall resolve such disputes at their own expense and responsibility, and the Company shall not be involved in such disputes. If the dispute arises from the intentional or negligent conduct of the User, the User shall be jointly liable to compensate the Company for any damage incurred as a result of the dispute.
To the extent permitted by applicable law, Users agree that any arbitration and legal proceedings arising from or related to this agreement shall be conducted on an individual basis, and Users waive the right to seek any dispute, claim, or controversy to be litigated as a class action or in any other representative proceeding.
If any or all of the obligations of these Terms are not fulfilled due to force majeure, the Company shall be exempted from liability. In the event of force majeure, the Company shall notify Customers of the commencement and cessation of the circumstances preventing the Company from fulfilling such obligations.
The Company strongly recommends that Customers obtain appropriate travel insurance (including medical coverage) before participating in any guided tours. The Company does not make any representations or provide compensation for risks associated with guided tours and shall not be liable for any damages or losses that may arise from or be related to such guided tours. Users undertake the risks associated with guided tours and agree to release and indemnify the Company, its parent company, subsidiaries, affiliates, directors, employees, etc. from all types of liabilities and claims arising from all types of damage, whether monetary or non-monetary, such as illnesses, physical injuries, disabilities, deaths, etc., incurred by Users or other recipients of guiding services, resulting from participating in the guided tour, except in cases where such damage is caused by the Company’s intentional or negligent actions.
In the event of a dispute between the Company and a User, if the dispute arises from the intentional or negligent conduct of the User, the User shall compensate the Company for any damage related to the dispute.
The Company does not guarantee the content, quality, level, stable provision of the Platform, or the results associated with the use of the Platform.
Except for damage arising from the Company's intentional or negligent actions, the Company shall not be liable for any damage incurred by Users or third parties due to inaccurate, inappropriate, or unclear content, expressions, actions, etc., in the provision of the Platform.
If the User is a legal entity, the Platform shall not be liable for any profits, sales, specialized or revenue losses, business opportunities, business rights or reputation losses, expected savings losses, losses arising from business interruption, or indirect or consequential losses or damages incurred by the User.
The Platform shall not be liable or responsible for any interruption or inaccessibility of the Platform due to external factors, including but not limited to the failure of Internet Service Provider (ISP) equipment, host equipment, or communication networks, natural phenomena, acts of war, or legal regulations and censorship. The Platform may also restrict the use of the Platform if deemed necessary for capacity limitations, server security, integrity concerns, or maintenance measures aimed at the proper functioning, improvement of the Platform.
While the Company may provide information to Users, etc. as appropriate in relation to the Platform, it does not guarantee the accuracy or usefulness of such information.
The Company does not guarantee the absence of harmful elements, such as computer viruses, in the content associated with the Platform. Except for damage arising from the Company's intentional or negligent actions, the Company shall not be liable to Users or third parties for damage caused by the presence of harmful elements, such as computer viruses, in the content associated with the Platform.
Except in cases where damage is caused by the Company’s intentional or negligent actions , the Company shall not be liable to compensate any damage suffered by Users in connection with the discontinuation, termination, or modification of the provision of the Platform by the Company, the cancellation of User registrations, the deletion or disappearance of content, data loss, or equipment malfunction resulting from the use of the Platform
Even in cases where the Company is liable for any damage to Users, its liability shall be limited to the direct and foreseeable damage actually incurred by Users due to the Company’s breach of obligations or tortious acts. However, this limitation shall not apply to cases of the Company’s intentional or gross negligence.
Users shall not assign, transfer, pledge, lend, or otherwise dispose of their contractual status, rights, or obligations based on these Terms to third parties without our prior written consent.
If the Company transfers the business related to the Platform to a third party (including business transfers, company splits, and any other cases where the main entity of the Platform is transferred), the Company may transfer to the transferee the User's contractual status based on these Terms, rights and obligations based on these Terms, and information registered with User registration, among other information. Users hereby agree in advance to such transfer.
If any provision or part of these Terms is deemed invalid under applicable laws, the remaining parts unaffected by such invalidity shall continue to be valid.
If any matter is not covered by these Terms or if there is any doubt regarding the interpretation of these Terms, both the Company and Users shall promptly resolve such matters in good faith through consultation.
The Japanese text of these Terms shall be the official version. Even if a translation in English or any other language is prepared for reference, only the Japanese text shall have legal effect, and the translation shall have no legal effect.
The Company’s failure to exercise rights outlined herein shall not be interpreted as a waiver of those rights.
Except for additional conditions included in the Platform (excluding Guide-uploaded Guide Service Conditions), these Terms constitute the complete agreement between the User and the Platform regarding the subject matter of these Terms.
These Terms shall be binding upon Users, the Platform, and their successors and assignees.
These Terms shall be interpreted based on Japanese law, and any disputes arising between Users and the Company shall be subject to the exclusive jurisdiction of the Osaka Summary Court or the Osaka District Court, depending on the nature of the dispute, as the first instance.
If the Company has access to the Customer's contact information, it may send important notices to the Customer via email from time to time. These notices may include changes to services such as guided tours and changes to these Terms, but are not limited to these matters.
For questions or complaints related to the Platform or services, please contact the Company through the contact form at contact@gold-guide.com or https://www.gold-guide.com.