- “wagaya japan” Membership Terms & Conditions
The “wagaya japan” Terms & Conditions (hereinafter referred to as "these Terms) apply to those who use the membership service (hereinafter referred to as "Services" which encompass all services provided to members, including the e-mail magazine) belonging to the real estate information site "wagaya japan" (hereinafter referred to as "the Site") operated by NIHON AGENT Co., Ltd (hereinafter referred to as "the Company").
Based on the conditions of these Terms, the Company shall provide Services, and Users shall comply with these Terms as well as with the Terms of Service and Notices and Usage Rules that are separately posted by the Company on the Site.
Article 1 Definition of a Member
- A member refers to those whose application for these Services is approved by the Company, and who agree to these Terms as well as to the “wagaya japan” ID Terms & Conditions.
- Members must accept the conditions of these Terms at the time of registering their personal information.
- Members may at any time discontinue membership or the provision of this service, or change the selected area by procedures specified by the Company.
Article 2 Restriction of Use
In case a member violates these Terms or the “wagaya japan” ID Terms & Conditions, their membership or membership services on the Site (in whole or in part) may be suspended without prior notification.
Article 3 Message Service
- In some cases, the Company shall provide a service (hereinafter referred to as the "Message Service") that enables members to communicate by message with businesses (hereinafter referred to as "Business Participants") participating on the Site.
- When a member transmits images, text, etc. (hereinafter referred to as "Member Contents"), using the Message Service, the member authorizes the Company to conduct the acts stipulated in the following items concerning the Member Contents.
- To review the Contents
- To send or not send the Contents to the other party
- To delete the Contents on the Message Service after sending
- Member shall take full responsibility for any problems caused by use of the Message Service, and shall be liable for any damages incurred by transmissions using the Message Service.
- The Company shall not accept responsibility for problems caused by members using the Message Service.
- Members shall refrain from using the Message Service to send any of the following contents.
- Contents that violate the intellectual property rights, privacy rights, reputation, trademark rights or any other rights or interests of the Company or third parties.
- Contents that falsely represent others
- Contents that damage trust in the Company
- Inquiries and complaints concerning the accuracy of the information provided in the Message Service
- Malicious computer programs, spam mail, chain letters, junk mail etc.
- Contents that contain inappropriate representation, that are discriminatory, violate privacy, or damage reputations (including ciphered remarks), or that slander or libel the Company or other businesses, corporations, institutions, regions or individuals.
- Contents that endorse campaigns for public office, specific ideologies or religions etc.
- Any obscene content including pornographic stories / pictures, solicitations for sexual interactions etc.
- Contents that hinder the sound development of children and adolescents by fostering violence, cruelty, criminal acts etc.
- Contents that are discriminatory, nonsensical, or grotesque
- Contents that are contrary to laws, public order and morality
- Contents that are not related to inquiries about real estate
- Any other inappropriate content, or submissions that the Company deems unsuitable for the Message Service
- Members shall acknowledge in advance that before or after application / cancellation, the Company shall without identifying / specifying individuals, analyze members' usage history, (including but not limited to page view, send / receive history, contents of sending and receiving between members and Business Participants, etc.) then process, compile and analyze the statistical data, attribute information etc., and the resulting use history, statistical data and attributed information may be used without restrictions (including but not limited to using it for development of new services, making it visible to Business Participants, furnishing it to Business Participants, market surveys etc.)
Article 4 Service Modification, Suspension, and Cancellation
- The Company may modify or temporarily suspend these Services without prior notice to members under the following circumstances,
- When these Services cannot be provided due to unavoidable circumstances such as natural disaster, power outage, war etc.
- When the Company deems that a temporary suspension is necessary for the operation of these Services
- When the Company conducts system maintenance
- The Company may suspend or terminate the provision of all or part of these Services on a long-term basis after notifying members
Article 5 Modification of Terms
- The Company may modify these Terms and Various Notifications etc. without notifying the user in advance (including additions and deletions, same below.)
- By accessing the Site and using these Services after the modifications to these Terms and Various Notifications etc. have been posted on the Site, users shall be considered as having accepted the new Terms.
Article 6 Applicable Law and Jurisdiction
- The law governing these Terms shall be Japanese law, and any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the Matsuyama District Court or the Matsuyama Summary Court.
Enacted on January 1, 2019
NIHON AGENT Co., Ltd
[“wagaya japan” ID Terms & Conditions]
Article 1 (Application of Terms & Conditions)
- “wagaya japan” ID Terms & Conditions (hereinafter referred to as "these Terms") are applicable to all users (hereinafter referred to as "Users") and ID holders (as defined in the next Article) using the services provided by NIHON AGENT Co., Ltd (hereinafter referred to as "the Company".)
- Since the content of these Terms may be changed as necessary without prior notice to ID holders, please note the latest Terms posted when using these Services.
- If the ID holder continues to use these Services after the contents of these Terms have been changed under the preceding paragraph, the ID holder shall be considered as having accepted the change of Terms.
- In the event that various notifications etc. (hereinafter referred to as "Various Notifications etc.") are posted on the Site they shall constitute a part of these Terms.
Article 2 (ID Holders)
- ID Holders (hereinafter referred to as "ID Holders") are persons who registered the necessary information specified by the Company for these Services (the procedure from information registration to approval shall hereinafter be referred to as "ID Registration") and received approval by the Company for the use of a unique ID (hereinafter referred to as a "wagaya japan” ID). After ID Registration, ID Holders shall be able to use the Services for ID Holders (hereinafter referred to as the "Target Services".)
- When Users complete ID Registration they shall be considered as having accepted these Terms. Indication of unwillingness to comply with these Terms shall only be accepted by not completing ID Registration.
- Users shall observe the following conditions when completing ID Registration
- In the entry field of the page dedicated to ID Registration, the ID Holders shall input truthful and accurate data about himself / herself before registering the ID. Registration by proxy shall not be accepted.
- When entering an e-mail address for ID Registration, ID Holders shall register their own e-mail address.
- An e-mail address belonging to another person shall not be accepted.In case an e-mail address is shared by several persons, such as a company, school, family, etc., only in cases where the co-owner(s) grant consent may the e-mail address be accepted at the time of ID Registration.Note that in such cases the use of the Target Services shall be limited to the User himself / herself.
- When there is a change in the information for *(1), the ID holder should promptly update the contents of the ID Registration.
- Registration and / or possession of multiple Recruit IDs by a single User is prohibited.
- When using the Target Services, the ID Holder shall enter the e-mail address and password registered at the time ID Registration, and the Company shall consider all actions taken under use by the aforementioned e-mail address and password as having been done by the ID Holder that registered the e-mail address and password with the Company.In the unlikely event that the e-mail address and password are misappropriated or misused, the ID holder corresponding to the ID Registration shall be held accountable for the acts concerned, unless there is deliberate or gross negligence on the part of the Company.
- The Company may discontinue / terminate without prior notice, the use of the Target Services (in whole or in part), delete the ID Registration, delete the registered e-mail address, and withhold further eligibility for registration for the ID Holder. The Company may also take necessary measures to recover damages (including, but not limited to legal action.) The Company shall not be liable for damages or disadvantages caused to ID Holders arising under such circumstances.
- In cases where the ID Holder has not used their “wagaya japan” ID (Login) for the past three years, or correspondence from the Company results in error messages, or when settings for incoming mail from the Company have been set to "do not accept", and the Company can no longer send notifications
- If the Company determines that the ID Holder violates these Terms, or the Terms of Service and Various Notifications etc. (hereinafter collectively referred to as the "Terms of Service") when using these Services, or the Company deems there is a risk thereof.
- In cases where the Company determines that the ID Holders has performed an action inappropriate for operation of the Target Services
- When using these Services, ID Holders shall themselves check the Terms of Service and after agreeing to these Terms, use the Services.
Article 3 (ID Holder Prohibitions)
When using the Target Services, the ID Holder shall enter the e-mail address and password registered at the time ID Registration, and the Company shall consider all actions taken under use by the aforementioned e-mail address and password as having been done by the ID Holder that registered the e-mail address and password with the Company.
- Acts that violate copyrights, portrait rights, or other intellectual property rights of other Users or third parties
- Acts that violate the property or privacy etc. of other Users or third parties
- Acts that defame by slander, annoy, or cause discomfort to other Users or third parties
- Acts that involve improper access to servers etc. belonging to the Company, writing or transmitting malicious computer programs, damaging e-mails etc.
- Acts that involve using the Target Services for commercial purposes
- Acts connected to criminal behavior
- Acts that involve copying, selling and publishing, etc. of information obtained through the Target Services in ways other than for private use
- Acts that impede the operation of the Target Services or that damage trust in the Company and its partners
- Acts that involve work activities or information provision activities for purposes of profit
- Acts that deliberately confuse the Company or its partners through provision of false information, or intimidation when using the Target Services
- Other acts that are contrary to laws, ordinances, public order and morality, or that violate or may violate these Terms
Article 4 (No Guarantee)
Although the Company continually makes efforts to deliver reliable services and information to the ID holders via the Target Services, the following items are not guaranteed. Therefore, when using the Target Services, the ID holder himself / herself must judge the usefulness of the information and services provided, and use these Services at their own risk.
- The utility, compatibility, completeness, accuracy, safety, legality, currency etc. of all information provided on the Target Services (Including any information contained on linked sites managed and operated by third parties etc. and displayed on the Target Services)
- That the Target Services as well as products, services and information available through the Target Services will meet the hopes or expectations of ID holders
- That there will never be any problem, error or failure in the provision of the Target Services
- That malicious coding such as computer viruses etc. will never be included in e-mails, web contents, etc. sent in connection with the Target Services
- That the integrity and continuation of the Target Services will always be maintained
Article 5 (Company / ID Holder Responsibility)
- The Company shall bear no liability for any damages caused to ID Holders by the use of the Target Services (including, but not limited to, each item of this section), or the unavailability of the Target Services (including, but not limited to, disadvantages such as mental anguish, or other financial losses to ID Holders or third parties), unless there is deliberate or gross negligence on the part of the Company. Also, in case the Company is liable, the Company shall only bear liability limited to direct and general damages.
- Damages caused to ID holders by downloading contents provided by third parties, and by accessing linked sites managed and operated by third parties, etc., via the Target Services
- Damages caused to the ID Holders by illegal acts such as unauthorized modification of the Target Services, unauthorized access to data of the Target Services, transmission of computer viruses, etc. done in spite of the Company's considerable safety measures
- Damages caused by system or service suspension, delay, discontinuation, data loss, or unauthorized access etc. due to failure of communication lines or computers etc.
- When ID Holders use the Target Services, unless there is deliberate or gross negligence on the part of the Company, the Company shall bear no liability regarding problems that occur between ID Holders and Companies providing service points, Companies with whom ID Holders wish to use service points, or any other third parties. ID holders shall be responsible for resolving any problems at their own expense.
- In the event that the ID Holder violates these Terms, or the Terms of Service, and the Company or third parties suffer damages, the ID Holder shall be responsible for making reparation at their own expense.
Article 6 (The Handling of Personal Information)
- If the ID holder discontinues using the Target Services or withdraws from the membership system of the Target Services (for any reason), unless the ID holder deletes their “wagaya japan” ID according to the procedures specified by the Company, the ID Holders shall agree in advance that the Company shall continue to store and use the personal information belonging to the ID Holder.
Article 7 (Acquisition and Use of Attribute Information and Action History)
- ID holders shall agree in advance that attribute information provided by the ID Holders, or acquired by the Company through the ID Holders' action history on the Target Services, such as age, gender, occupation, residential area etc. shall be used within the range necessary for providing the Target Services. ID holders shall also agree that the Company shall continue to use the statistical data created from the attribute information and action history without restrictions, regardless of the term of validity of this Agreement. Note, the Company shall not disclose information to third parties that can identify individual ID Holders, unless the ID Holder grants permission or there are legal grounds to do so
- ID holders shall agree in advance that when the ID holder logs into and uses the Target Services using their “wagaya japan” ID, after specifying the individual, the Company shall use the attribute information and action history acquired thus far (it does not matter if the information was acquired prior to or after consenting to these Terms), to distribute and display advertisements etc. while providing these Services.
Article 8 (Exclusion of Anti-social Forces)
ID Holders must also declare that they are not currently nor will they in the future be connected to antisocial forces (Gangs, gangsters, those who have been a gang member within the last five years, gang-related persons, gang-related companies, corporate racketeers etc., activist using social reform for their own benefit etc., organized crime syndicates, etc. and any other equivalent antisocial forces), and that they will not engage in any illegal activities such as violent acts, fraud, acts of intimidation, obstruction of business, etc. In the event of a violation of the previous declaration, without dissent, the ID holder shall accept the cancellation of the “wagaya japan” ID and termination of the Target Services.
Article 9 (Prohibition to Transfer Rights & Obligations)
Unless previously agreed to by the Company, the rights and obligations of ID Holders connected to the use of the Target Services shall not be transferred to third parties or used as collateral.
Article 10 (Applicable Law and Jurisdiction)
These Terms shall be governed by Japanese law, and any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the Matsuyama District Court or the Matsuyama Summary Court. Article 11 (Miscellaneous) The Company shall accept no responsibility or liability for damage or loss caused by any error, inaccuracy, or misunderstanding with regard to this translation.
Enacted and enforced as of January 1, 2019