Terms and Conditions
September 1, 2007
Article 1 (Coverage)
These Terms and Conditions cover all interactions between H.I.S. Experience Japan CO., LTD. (hereinafter referred to as “H.E.J”) and the users of “H.I.S. Experience Japan”(http://hisexperience.jp/), a web site offering and selling our tour programs that H.E.J. operates (these Terms and Conditions apply to any user who uses “H.I.S. Experience Japan” on the site).
Article 2 (Objective)
“H.I.S. Experience Japan” offers and sells our tour programs to the users of “H.I.S. Experience Japan.” “H.I.S. Experience Japan” also aims to advertise H.E.J.
Article 3 (Prohibition of disclosure of private information)
H.E.J. shall not disclose the address, phone number, email address or other personal information that could lead to someone directly contacting users of “H.I.S. Experience Japan.”
Article 4 (Agreeing to these Terms and Conditions)
Users shall agree to these Terms and Conditions before using the “H.I.S. Experience Japan” site and shall observe stipulations provided herein.
Article 5 (Revisions to Terms and Conditions)
These Terms and Conditions may be revised at any time by H.E.J. Users will be notified of revisions, and once a notification is made, any member using the “H.I.S. Experience Japan” site will be deemed as having agreed to the revisions.
Article 6 (Definition of users)
“Users” as used herein means those who have agreed to these Terms and Conditions and have made formal application in accordance with the method designated by H.E.J.
Article 7 (Cancellation of user status)
H.E.J. may cancel a user's status at any time at its own discretion for the following infractions:
- 1) False information used during the application process
- 2) Information on the “H.I.S. Experience Japan” site used in a dishonest or illegal way.
- 3) Not following these Terms and Conditions
- 4) Any other activity deemed inappropriate by H.E.J. in using “H.I.S. Experience Japan.”
Article 8 (Connecting to the site)
Users shall access the “H.I.S. Experience Japan” site at their own cost. H.E.J. bears absolutely no responsibility for any troubles users may have in accessing the site.
Article 9 (Responsibility for contents and services)
H.E.J. does not guarantee that the information on the “H.I.S. Experience Japan” site is correct or complete. H.E.J. bears absolutely no responsibility for any harm done to a user or any third party based on the information on the said site.
Article 10 (Prohibition on unauthorized use of information)
Unauthorized use of the information and images on the “H.I.S. Experience Japan” site is prohibited. Any information on the “H.I.S. Experience Japan” site may not be edited, reproduced or transmitted in any form.
Article 11 (Copyrights)
All copyrights related to the layout, design, structure and other elements of “H.I.S. Experience Japan” belong to H.E.J.
Article 12 (Handling user's information)
H.E.J. operates under the principle that it will only pass along to a third party information pertaining to a user after obtaining the user's permission. However, this principle does not apply to inquiries from legal public entities or such cases when H.E.J. is legally responsible for disclosing information, nor does it apply to requests from consumer centers and/or other such public organizations. H.E.J. may disclose to a third party certain information necessary out of the registered information without the user's agreement and/or without receiving any payment, provided, however, that it is limited to the following cases only: In these cases, the information concerned shall be limited to that which does not specifically identify the user.
- 1) When using information for statistical analysis, marketing or advertising to improve the operation of “H.I.S. Experience Japan”;
- 2) When sending mail with information related to “H.I.S. Experience Japan”;
- 3) When disclosing the secondary data developed out of 1) to explain “H.I.S. Experience Japan” and its services; and
- 4) When confirming booking information on “H.I.S. Experience Japan” (the number of vacant seats and the user's identity when operating the tour).
H.E.J. will take necessary precautions to prevent leakage of information in managing users' registered information. Should the information leak due to illegal access, etc., however, H.E.J. shall not be responsible.
Article 13 (Prohibited activities)
Users are prohibited from engaging in or contributing to the following activities when using “H.I.S. Experience Japan”:
- 1) Actions that run counter to good public order and customs (anti-social activities or propaganda related to those activities);
- 2) Criminal activity or promoting such activity (including spreading computer viruses, distributing junk mail, spam or chain letters, and promoting or implying the practice of pyramid schemes);
- 3) Activities that violate the intellectual property rights of other registered users or third parties (including but not limited to copyrights, design rights, patents, utility model rights, trademarks and know-how);
- 4) Activities that infringe on the property, reputation, honor or privacy of other users or the third parties;
- 5) Activities against Japan or its laws and regulations;
- 6) Activities that disadvantage other users or third parties;
- 7) Activities that slander other users or third parties;
- 8) Activities that are only meant to promote one's own or a third party's business (except when H.E.J.'s approval is granted)
- 9) Activities deemed harmful to minors (including sexual, religious, political and other social contents);
- 10) Activities that obstruct the business of “H.I.S. Experience Japan” or damage the reputation of H.E.J.;
- 11) Activities that violate these Terms and Conditions; and
- 12) Any other activities that H.E.J. deems unacceptable.
When an user engages in any of the activities as mentioned above, H.E.J. reserves the right to ban such activity without the approval of the user concerned or of any third party. The user agrees that in such a situation, H.E.J. bears no legal responsibility whatsoever.
Article 14 (Banning specific users from the site)
When H.E.J. deems that a specific user might do harm to H.E.J. or the third party, H.E.J. may take action to discontinue service to the said user.
Article 15 (Exemptions)
H.E.J. operates the “H.I.S. Experience Japan” business under the following exemptions.
1) Disclaimer of the accuracy and validity of information on the “H.I.S. Experience Japan” site and the security of the site.
While H.E.J. agrees through these terms and conditions to allow users access to the “H.I.S. Experience Japan” site, H.E.J. does not guarantee the validity or accuracy of the content on the site, nor does it always guarantee access to the site or the security of the site.
2) Users are responsible for their use of “H.I.S. Experience Japan”.
Users of “H.I.S. Experience Japan” are wholly responsible for the information they publish on the site, including preserving the data, reproducing it and other legal rights of usage. The users will be responsible for all legal issues pertaining to their published information, including but not limited to copyright, confidentiality, defamation, quality maintenance and any issues related to export.
3) Responsibility for interrupted service
H.E.J. reserves the right to interrupt service without notifying its users ahead of time for the reasons listed below': H.E.J. does not bear any responsibility for damage caused by interruptions in its service.
- To maintain, check and repair the system;
- In case service fails due to fires or power failures;
- In the case of extreme or extraordinary natural phenomena; and
- In the case of any other operational or technological obstacles that make it necessary to interrupt service on “H.I.S. Experience Japan”.
4) H.E.J. basically does not participate in the communication or activities of its users. Even in the case of a dispute arising between users, H.E.J. will not be responsible for resolving the dispute, but will instead encourage the users to work it out themselves.
5) H.E.J. bears absolutely no responsibility for damage or harm resulting from the addition, alteration, interruption or cancellation of its service.
Article 16 (Changes and discontinuation in services)
H.E.J. may change the contents of the service without any warning to the users. The user is to abide by those changes. H.E.J. cannot be held responsible for damages or losses incurred by those changes to users. H.E.J. has the right to suspend or discontinue the service following a prior notification period of at least 7 days. Any such notice will be posted on the “H.I.S. Experience Japan” website, after which time H.E.J. cannot be held liable for losses and compensation to users.
Article 17 (Governing laws and jurisdiction)
“H.I.S. Experience Japan” is accessed from around the world but the site shall be construed in accordance with the laws of Japan. The initial trial to settle any dispute that may arise over the usage of the service shall be held at the Tokyo District Court. However, for matters concerning international usage of the service, users accessing this site are responsible for compliance with local laws.
Article 18 (Effectiveness of Terms and Conditions)
These Terms and Conditions shall come into effect as of September 1, 2007, and shall take precedence over previously stated terms and conditions.
