Article 1 (General Provisions)
1. This User Policy ("Terms") sets forth matters to be complied with by a user (hereinafter referred to as the "User") of a travel reservation site, "Dream Journey Japan" (hereinafter referred to as the "Website")operated by BPS, Inc. (hereinafter referred to as the "Company") when using the Website.
2. When the User uses the Website,the User shall be deemed by the Company to have agreed to these Terms.
Article 2 (Dream Journey Japan)
The Website refers to an internet travel site which provides custom ordered tour services, arranged tour service, travel consultation services, as well as information in relation to travelling including sightseeing and leisure information, questionnaires to Users, informationposted by Users (hereinafter collectively referred to as the "Service").
Article 3 (Method of Use)
1. When using the Service at the Website, the User shall thoroughly understand the contents of the Terms, etc. before using theServices.
2. When using services provided by any accommodation facilities, car rental business operators, travel companies or any other parties with which the Company has entered into a contract (hereinafter collectively referred to as the "Service Provider"), the User shall thoroughly check the terms and conditions, general conditions, guidelines, rules and other stipulations provided by the Service Provider before using theirservices.
3. The User acknowledges that prices on the Website in currencies other than Japanese yen are only for reference and may differ from the actual price due to the changes of exchange rates.
Article 4 (Membership Registration)
1. The User shall register as a member on the Websitebefore using the Service. If the User registers the membership information, the User shall be deemed to have confirmed and agreed to the Terms set forth herein.
2. The User shall prepare communication environment designated by the Company and confirms it does not hinder the Service.
3. The User who is under age of 20shall obtain necessary consentsfrom his/her statutory agents(including the person who has his/her parental authority) for entering a contract with the Company.
4. The company may sendnotifications and/or advertisement; and conduct questionnaires;to the User via emails for the purpose in relation to Service.
5. The membership registration shall be deemed to have been completed when the Company sends a notice of acceptance via an email.
6. The Company may reject to accept the application from the User for the membershipregistration; or withdraw the acceptance of the membership registration, in case when:
(1) The User is not an existing natural person;
(2) The User makes a false, incorrect or incomplete entry;
(3) The User has the previous record of cancelation of the registration by the Company;
(4) The Userfails to pay the Company for the Service provided by the Company;
(5) The User is under ageof 20or designated to a person who requires to obtain a consent of his/her statutory agent to enter into a contract with the Company and has failed to obtain the consent thereof; and
(6) The Company considers the User is inappropriate to use the Service.
Article 5 (Payment by a Credit Card)
1. A credit card that can be used for the payment shall be limited to a credit card of the User‚s own name.
2. The User shall not use other person‚s credit card, enter false credit card information or engage in any act that the Company considers inappropriate. The User shall indemnify any damages incurred by the Company due to such act committed by the User.
3. If a credit card company refuses to accept the use of a credit card used by the User for the payment for whatever reason, or if the Company considers, based on the standards designated by the Company, that the use of the credit card is inappropriate, the Company may change the method of payment, cancel the reservation or take any other measures the Company considers necessary, without the User‚s consent. In this case, the Company shall not be liable to any damages that may arise to the User.
Article 6 (Method of Communication with the User)
1. The Company and the Service Provider may contact the User using the email address, home address, telephone number or other information obtained from reservation,
membership registration,answers to questionnaire, or inquiries received by the Company, as needed. The method of contact shall be selected by the Company or Service Provider who contacts the User at its discretion.
Article7 (Settings of E-mail)
1. Notification by e-mail shall be deemed to be completed when it reaches the server that the e-mail address included in the registered information of the User (hereinafter referred to as the “Designated E-mail Address”) uses.
2. In case where the User fails to receive e-mails by the Company due to deficiency or mistypes of the Designated E-mail Address or settings of the User, the Company shall not be liable for any damages incurred by the User due to such failure. The User shall indemnify any loss and damages arising from such failure and hold the Company harmless.
3. The User shall change the settings in relation to the Designated E-mail Address so that it can receive e-mails by the Company (domain name: bpsupport.net or dreamjourneyjapan.com), and may not change the settings to reject emails from us.
4.Even if the User has set the setting to reject emails or other information sent by the Company, the Company may send e-mails to the User as to material information with regard to the Service.
Article 8 (Personal Information)
Article 9 (Third Party Services)
1. The User shall not engage in any of the following acts (including any act the Company considers to be likely to fall under such acts) in using the Website:
(1) Violate the Terms, etc.;
(2) Infringe upon the rights of, create disadvantages to or bring a discomfort feeling to the Company, the Service Provider, other users, and other third parties;
(3) Fail to perform obligations to the Service Provider or the Company including payment of travel fees, usage fees and cancellation fees;
(4) Prevent the Service Provider or the Company from contacting the User by registering false or fictitious contact information or by intentionally refusing to respond;
(5) Use the Website for holding a tour, resale the tour to others or for other commercial purposes;
(6) Use the Website for any method other than the methods approved by the Company;
(7) Send or write harmful or inappropriate computer programs;
(8) Send spam mail, chain mail, junk mail or other inappropriate mail;
(9) Violate laws, regulations or ordinances or engage in any act that is against public order and morals; or
(10) Engage in any act that is prohibited or considered inappropriate by the Company.
2. When the Company considers that the User‚s act falls under any of the acts described in the items of the preceding paragraph, the Company may suspend the User's use of the Website and/or cancel the membership of the User without prior notice to the User, and the Company assumes no liability whatsoever for any damages arising therefrom incurred by the User.
Article 11 (Disclaimer)
1. The Company shall not liable for any damages or adverse effectsthat may be caused from the User's failure to make payments by due date.
2. Any trouble, dispute or any other issue between the User and the Service Provider shall be resolved directly between the User and the Service Provider, and the Company assumes no liability whatsoever in relation thereto.
3. Unless otherwise provided in the relevant travel contract, the Company assumes no liability whatsoever for any damages incurred by the User arising from the interruption, delay, stoppage of the system due to failure of communication lines or computers, loss of data by fire, unauthorized access to data or in relation to the use of the contents of the Website prior to the conclusion of the travel contract.
4. The Company assumes no liability whatsoever for any damages arising from non-arrival of email transmitted by the Company to the User due to failure of email environment or communication route on the User‚s side.
5. The User shall be responsible for his/her own act taken at the time of the use of the Website and if he/she causes any damages to a third party, he/she shall be responsible to resolve such issue at his/her own cost.
6. The Company makes no warranty as to the truth, accuracy, reliability or other nature of the information provided by the Company or the Service Provider, and assumes no liability whatsoever for any damages incurred by the User arising from such information.
7. The Company assumes no liability whatsoever for any damages caused by the User due to any breach of the Terms, etc. on the part of the User.
8. The Company makes no warranty that emails sent from the Website, server, domain, etc. of the Website or contents of the Service do not contain any computer virus or any other harmful programs.
9. The Company reserves the right to stop or suspend the provision of entire or partial services of the Website without a prior notice to the User, if regular or emergency maintenance of the system needs to be made, the system load is concentrated, the User‚s security needs to be ensured or any other event which is deemed by the Company to require such measure. In this case, the Company assumes no liability whatsoever for any damages incurred by the User arising therefrom.
Article 12 (Amendments to the Terms, etc.)
1. The Company may amend the Terms, etc. without a prior notice to the User, and the amended Terms, etc. shall apply after the amendment of the Terms, etc. If the User uses the Website after amendment, the User shall be deemed to have agreed to the amended Terms, etc.
2. The Company may, at its discretion, change or cancel the entire or partial services of the Website without notifying or contacting the User in advance.
Article13 (Representation and Warranty)
1. ANY CONTENTS AND THIRD PARTY SERVICES AVAILABLE TO THEUSER THROUGH THE WEBSITE ARE PROVIDED TO THE USER ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
2. IN NO EVENT WILL THE COMPANY BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND/OR CONTENT MADE AVAILABLE TO THE USER THROUGH THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESETERMSARE DEEMED TO HAVE FAILED THEIR ESSENTIAL PURPOSE.
3. The User agreesto indemnify the Company from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, penalties, interest and disbursements) (hereinafter referred to as the “Damages”)the Company incurs in relation to the User‚s use of the Website or the use of the Website by any person using the User‚sregistered information.
Article 14 (Governing Law)
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Japan, without regard to conflicts of law principles.
Article15 (Jurisdiction) The User expressly agrees that exclusive jurisdiction for any dispute with the Website or any dispute relating to the User‚s use of the Website resides in Tokyo District Court, and the User further agrees and expressly consents to the exercise of personal jurisdiction in Tokyo District Court in connection with any such dispute including any claim involving the Website. The User further agrees that the User will not commence any class action, class arbitration or other representative action or proceeding against the Company.
Article16 (Contact) If the User has any questions or comments in relation to the Website, please contactthe company at the email address firstname.lastname@example.org.