Terms and Conditions
Article 1 Application of Terms and Conditions
This agreement allows you to use the Experience Nagasaki!! Online Reservation Service (hereinafter referred to as “Services”) through the Internet website “NAGASAKI Cool” managed and operated by FUSO japan Co., Ltd. (hereinafter referred to as “we”) By using our Services, you are agreeing to these terms and conditions, and shall apply to any actions you take. Please read them carefully.
Article 2 Change of Terms and Conditions
We may change (including additions and deletions) these terms and conditions as we deem necessary with or without prior notice.
Article 3 Definition of our Services and Conclusion of Contract
These Services refers to services that enable businesses posted on this site (hereinafter referred to as “Service Providers”) to make reservations for hands-on contents and services accompanying them.
The Service Providers provide hands-on contents and accompanying services (hereinafter referred to as “Provisioned Content”) according to your own volition and responsibility, and we are not involved in providing the Provisioned Content (excluding some content provided by us).
Regarding the acceptance of the reservation, entering the necessary information specified on this site enables you to apply for a reservation to the Service Providers. Please confirm the email address you specified after applying for the reservation.
By presenting the screenshot of the payment completion to the Service Providers on site, you shall receive the provisioned content you have reserved.
If payment is not performed correctly after the due date, the reservation shall not be approved and the contract shall automatically be terminated.
Article 4. Concept of Usage Fees for these Services
You shall acknowledge that the information on fees for using the content provided by the Service Providers (hereinafter referred to as “Usage Fees”) may differ from the information provided on other media. In addition, the Usage Fees provided by the Service Providers are inclusive of consumption tax and local consumption tax (hereinafter collectively referred to as “Consumption Tax, etc.”), but there are cases where service charges and other taxes may be included or excluded.
You shall acknowledge that the Usage Fees are subject to changes. Changes in Usage Fees shall be applied only if you made a reservation application after the alterations. If you made a reservation application before the changes were made, the Usage Fees prior to the alterations shall be applied.
If the Usage Fees are changed after a reservation application and you alter the reservation details thereafter, the latest Usage Fees will be applied.
Article 5: Reservation Cancellation and Cancellation Fees
When canceling a reservation of the Provisioned Content, you shall confirm the details of the reservation through the "reservation completion e-mail" sent from these services, contact us by e-mail or other means, and follow the cancellation procedure.
If you wish to cancel a reservation, it shall be established only after a confirmation that the reservation has been cancelled is sent by us upon contact.
If you find out that the Services cannot be used on the scheduled date of Provisioned Content, you shall promptly notify us and follow the instructions.
Reservation cancellation shall be established in case we and the Service Providers do not appear on the scheduled date of the Services without any prior notice and therefore unable you to use the Provisioned Content.
When we judge that any relation to the use of the Services violates the laws and regulations, or when we can reasonably judge it to be inappropriate, we reserve the right to cancel such reservations with or without your consent.
When an agreement on terms of service is concluded between you and the Service Providers pursuant to Article 3.3, you are deemed to have agreed to be liable for any cancellation fees that may be incurred. In the event of a reservation cancellation, you shall receive a refund of the Usage Fees specified below.
(1) Cancellation at least two days before enforcement: Free
(2) Cancellation the day before enforcement: 50% of the selling price
(3) Cancellation on the day of enforcement: 100% of the selling price
We reserve the right to cancel reservations in light of weather, disaster or other circumstances, whether or not you have requested cancellation. In such cases, there shall be no cancellation fees incurred.
Article 6: User Compliance
You shall not copy or transmit the information obtained by using this site for any purpose other than your own private use without our or the Service Providers’ prior consent, and it shall not be used by any third party in any way.
In addition to the preceding paragraph, you shall fully understand and comply with the conditions and rules, etc. specified separately by the Service Providers.
In using these Services, you shall not do the following acts:
(1) Act of transmitting or writing information by impersonating a third party
(2) Act of using these Services in a way we do not approve
(3) Act of sending or writing harmful computer programs, spam mail, chain letters, junk mail, etc.
(4) Acts that infringe or may infringe on the copyrights or other intellectual property rights obtained by us or third parties
(5) Acts that slander or debase us, the Service Providers and third parties
(6) Acts that disclose information, documents, graphics, etc. that disturb public order and morals
(7) Acts of registering false or incomplete information regarding names, addresses, telephone numbers, email addresses, credit card numbers, and so on of yours or the Service Providers, whether intentional or not.
(8) Non-payment of reservation fees, cancellation fees or Usage Fees requested by the Service Providers (regardless of the reason)
(9) Acts that disturb the Service Providers, us or a third party such as forms of violent acts
(10) Acts that do not seem feasible to use the services, such as making reservations for multiple Service Providers on conflicting schedules
(11) Reservation activities that are recognized as resale to others or reservations for commercial purposes
(12) Other acts that violate or may violate laws and regulations
In the event that you fall under any of the items in the preceding paragraph and cause damage to us or a third party, you shall bear all legal responsibilities.
In the event that we cancel a reservation for the Provisioned Content pursuant to the following article, you shall pay the cancellation fees for the relevant Service Providers.
If you have a complaint about the Provisioned Content, you shall report the complaint to the relevant Service Provider immediately.
If you are a minor, you must make a reservation with the consent of a legal representative. In the unlikely event that a person lied to have the consent of a legal representative or be an adult, the act cannot be undone.
Article 7: Violation of User's Compliance
If you violate the compliance with the preceding article, or if we determine that actions you take are inappropriate for the operation of our Services, we shall suspend the act and cancel the Terms of Service between you and the Service Providers, or reserve the right to delete the posted information, and suspend the use of the Services or take necessary measures to claim the damage caused (including legal measures)
When we believe that you have violated the requirements of the preceding article, or when we reasonably judge it to be inappropriate for the operation of the Services, we shall inquire about the details of the act you have taken.
Article 8: Copyright
Content and information (messages, data, information, text, music, audio, photos, graphics, videos, maps, icons, etc.) published through the Services come under our property or license of a third party. You shall not use any content provided through this site beyond the scope of personal use stipulated by copyright law without our prior consent.
If a dispute arises in violation of the provisions of this article, you shall resolve the dispute at your own expense and responsibility, and shall not cause any damage to us or any third party.
Article 9: Change of Information
On using this site, you shall acknowledge and agree that the information posted on this site may be changed without prior notice (including addition and termination of participation. The same applies hereinafter) due to our convenience or the convenience of the Service Providers.
If the Terms of Service have been concluded between you and the Service Providers at the time of the change of the posting information (including deletion), the Terms of Service shall continue to be valid and the change shall have no effect on the agreement on the Terms of Service.
Article 10: Handling of User’s Information
Article 11: Disclaimer
We shall have no obligation to investigate the business status of the Service Providers.
We do not guarantee any Provisioned Content. In addition, the information on the Service Providers, etc. is registered on this site with conscious volition of the Service Providers, and we do not guarantee the accuracy, completeness, and usefulness, etc. of the information. In the unlikely event that any trouble related to the Provisioned Content occurs between you and the Service Providers, we shall not be liable except for the case where the trouble is attributable to us.
Regarding the damages due to natural disasters, line congestion, equipment failure or maintenance suspension, and information loss, delay, erroneous transmission caused by the Service Providers, and alteration or leakage of information by a third party, we shall not be liable for any damages, except for reasons attributable to us.
We shall not be liable for any disputes arising in connection with the Services, other than the preceding paragraphs, between you and the Service Providers, unless such disputes arise due to reasons attributable to us.
Even if we are liable in accordance with the provisions of the preceding paragraphs, our liability shall be limited to indemnifying you for direct and ordinary damages unless we are intentionally or grossly negligent.
Article 12: Prohibition of Assignment of Rights and Obligations
You shall not transfer or provide security to a third party except for our prior consent to your status regarding the Services, and the rights and obligations based on such status.
If you violate the preceding paragraph, we shall reserve the right to cancel the Terms between you and the Service Providers or delete the posted information, as well as to instantly prohibit you from using our whole Services or take necessary measures (including legal action) to claim any damages you may cause, etc.
Article 13: Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan. All disputes regarding the Services shall be submitted to the exclusive jurisdiction of the Nagasaki District Court in the first instance.
The Terms shall take effect on March 2, 2020.
Article 1 (Definition of Personal Information)
“Personal information” refers to “personal information” as defined in the Personal Information Protection Law under Japan’s Constitution, and is information about living individuals, and indicates information on personal identification such as your name, date of birth, address, telephone number, contact information, other descriptions etc., including your appearance, fingerprint, voiceprint data, and insurer number on your health insurance card etc.
Article 2 (Method of Collecting Personal Information)
We may ask you for personal information such as your name, date of birth, address, telephone number, e-mail address, and credit card number when you use the Services. In addition, information on your transaction records and credit card payment can be collected from our affiliated partners (including information providers, advertisers, advertising distribution destinations, etc. Hereinafter referred to as “Partners”).
Article 3 (Purpose of Collecting and Using Personal Information)
To provide and operate our Services
To respond to user inquiries (including verifying your identity)
To send e-mails to notify users of information on new functions, updates, campaigns, etc. of our Services and other services provided by us.
To notify of maintenance and important notices as needed
To allow users to view, change, delete, and view usage status of information registered by users.
To charge users for paid Services
For any purposes of additional or relevant Services abovementioned.
Article 4 (Change of Purpose of Use)
We shall change the purpose of use of personal information only if it is reasonably deemed that the purpose of use has certain relevance with the one before change.
If the change of the purpose of use occurs, the purpose after the change shall be notified to the user or announced on this website in the prescribed manner.
Article 5 (Provision of personal information to third parties)
We will not provide personal information to third parties without the prior consent of the user except in one of the following cases, however, unless otherwise permitted by the Personal Information Protection Law of Japan or other laws and regulations.
(1) When it is necessary to protect the life, body, or property of a person and it is difficult to obtain the consent of the person
(2) When it is particularly necessary to improve public health or promote sound development of children and it is difficult to obtain the consent of the person
(3) When it is necessary for a national institution, local public entity, or a person entrusted with it to cooperate in performing the duties stipulated by laws and ordinances, and the consent of the individual can interfere with the execution of the duties
(4) When one of the following items has been notified or announced in advance and we have reported the Personal Information Protection Committee:
Purpose of use includes provision to third parties
Items of data provided to third parties
Means or methods of providing to third parties
To Stop providing personal information to third parties at the request of the person
Methods to accept your request
Notwithstanding the provisions of the preceding paragraph, the individual or entity receiving such information shall not be deemed a third party in any of the following cases:
(1) When we outsource all or part of the handling of personal information to the extent necessary to achieve the purpose of use
(2) When personal information is provided along with the succession of business due to mergers or other reasons
(3) When personal information is used jointly with a specific person, to that effect, the items of personal information to be jointly used, the scope of the jointly used person, When the name or name of the person responsible for the purpose of use and management of the personal information has been notified to the person in advance or placed in a state where the person can easily know it
【About the access analysis tool】
This Site applies Google's access analysis tool "Google Analytics".
Article 6 (Disclosure of Personal Information)
We shall disclose personal information to the person without delay when requested to do so. However, if the disclosure falls under any of the following, we may not disclose all or a part of it. If we decide not to disclose it, we shall notify a person without delay. When disclosing personal information, a fee of 1,000 JPY per case shall be charged.
(1) When there is a risk of harming the life, body, property or other rights and interests of the person or a third party
(2) When there is a possibility that it will significantly hinder proper executions of our business
(3) Other cases that would violate laws and regulations
Regardless of the provisions of the preceding paragraph, information other than personal information such as history information and characteristic information shall not be disclosed in principle.
Article 7 (Correction and Deletion of Personal Information)
1. If user's personal information is incorrect, the user shall make a request for correcting, adding or deleting personal information to us in accordance with the procedures specified by us (hereinafter referred to as "Correction, etc.").
2. If we receive a request from a user and determine that it shall be necessary to respond to the request, we shall correct the personal information without delay.
3. We shall notify the user without delay if corrections are made based on the provisions of the preceding paragraph or if a decision is made not to make such corrections.
Article 8 (Suspension of Use of Personal Information among Other Things)
When we suspend or delete personal information (hereinafter referred to as "Suspension”) for the reason that it is handled beyond the scope of the purpose of use or that we are requested by the person to do so in case where personal information has been obtained by improper means, we shall conduct the Suspension without delay.
If it is determined that it shall be necessary to respond to the request based on the results of the investigation regarding the preceding paragraph, we shall conduct the Suspension of the personal information without delay.
If we conduct the Suspension or determine not to do so in accordance with the provisions of the preceding paragraph, we shall notify the user without delay.
Regardless of the preceding two paragraphs, in cases where it is difficult to conduct the Suspension among other things due to a large cost, and it is feasible to take alternative measures to protect the rights and interests of the user, we shall conduct this alternative.
The contents of the Policy can be altered without prior notice., except for laws and regulations and other matters specified otherwise in the Policy.
FUSO japan Co., Ltd.
Representative Director Yuichi Higashi
Enacted and enforced on March 1, 2020