Established on 30th March 2018
Last updated on 18th January 2019

Article 1 (Application of Terms)

1. otomo Terms of Use (hereafter called “terms”) applies to the use of “otomo” (hereafter referred to as “service”), an online service provided by otomo Inc. (hereafter referred to as “otomo”).

2. The users of this service will use the service upon confirmation and agreement to the terms and the personal information protection policy (hereafter referred to as the “privacy policy”, and will collectively be referred to as “terms and conditions”). If the service is used, it will be assumed that you have agreed to the terms and the privacy policy. If you do not agree to these terms and conditions, you are not permitted to use the service.

Article 2 (Changes and Notifications of Terms and Conditions)

1. Whenever otomo changes the terms and conditions, otomo will notify users by otomo’s standard procedure. After notifying the change of terms and conditions, if users do not take any action to discontinue the service, it will be assumed that the users have agreed to the changes of the terms and conditions.

2. The changes of terms and conditions apply from the point on that they are listed on the website. Users of the service will be held responsible for checking the content of changes.

Article 3 (Definition of Terms)

otomo will define the terms used in this terms and conditions as follows

1. “User”
Refers to those that browse, post, search, or perform any kind of use on the service's website.

2. “Guest”
Refers to those that create an account on the service, and use the tours (Point 6) conducted by guides (Point 3).

3. “Guide”
Refers to those that create an account on the service, and organize tours for the guests.

4. “Member”
Refers to the guest or guide that have created an account on the service.

5. “Plan”
Refers to the travel itinerary of the sights and journey that makes up the tour of the service.

6. “Tour”
Refers to the guide guiding through a plan selected by the guests.

7. “Reservation Request”
Refers to the situation whereby the guest selects a plan or guide and is requesting a booking of a tour to the guide.

8. “Reservation Confirmation”
Refers to the situation whereby a direct contract formed between the user guest and the guide regarding the conducting of the tour.

9. “Plan Page”
Refers to the page of the service website that displays the plans.

10. “Guide Page”
Refers to the page of the service website that displays the guides.

Article 4 (Service Content)

The service is an online platform service (hereafter called “self-choice”) that makes a direct contract regarding the conducting of the tour between guests that are mainly tourists that visit Japan from abroad, and people that live in Japan who have foreign language skills. Guides guide the guests according to the company’s unique plans posted on the website of the service. Through providing the service, otomo wishes to provide guests with a memorable travel experience and to create an opportunity for guides to provide meaningful services.

Article 5 (Contract Relationship)

1. otomo will post information of the plans and guides on the service website, and provide members with an online platform to perform bookings and payments of tours.

2. The tour will be carried out on the premises that a direct contract between the guest and the guide is established. Members agree that otomo will not be party to nor be a representative of the contract, and will undertake full responsibility for the establishment of the contract regarding the conducting of the tour with the guest or the guide.

Article 6 (Contract Formation and Fulfillment)

1. A direct contract between the guest and guide regarding the conducting of tours will be formed when the tour bookings are determined according to the Article 12 Clause 2 of the terms and conditions. The contract will be fulfilled by the guest and the guide.

2. When the contract is formed, the guide bears the responsibility of providing services according to the contract and will provide the service to the guest with sincerity. The communication and preparation necessary after the establishment of the contract will be conducted between the guide and guest.

3. On the premises of the contract, all changes made on the date of reservation or the content of the tour after the confirmation of reservation will be agreed upon separately through discussion between the guest and the guide. When an agreement is reached between the guest and guide regarding the changes in the content, the guest of the guide must promptly report to otomo through the designated procedure. otomo will not be held responsible for any of the changes made.

Article 7 - Section 1 (Guest - Subscription and Unsubscription of membership)

1. In order to use the service as a guest, it will be necessary to subscribe for membership through the designated procedure stipulated in Clause 2. Those that have the right to subscribe as a guest will be limited to persons over the age of 18, and those that are under the age of 18 or a corporation will not be allowed to subscribe as a member.

2. Those that have the right to subscribe as a member stipulated in Clause 1 and wishes to subscribe for the service as a guest must agree to the terms of use and sign up by inputting information such as name, sex, birth date, nationality, email and other information requested by the company to the designated sign up form on the website. The company will inform the guests that have completed the subscription process through the company’s designated method.

3. The subscription process stipulated in Clause 2 will not be accepted by third party representatives and should be done by the guests themselves that wish to be a member of the service. It is not permitted to subscribe using false information.

4. When the guest wishes to unsubscribe from the service (hereafter referred to as “unsubscription” ), it will be necessary to report to the company through the designated format. However, if the guest is still yet to complete a tour that is under the status of  “Reservation Request” or “Reservation Confirmation”, it is not possible to continue the unsubscription process. The unsubscription process will be possible after the tour is conducted or if the tour is canceled as stipulated in Article 17 Section 1.

Article 7 - Section 2  (Guide- Subscription and Unsubscription)

1. In order to use the service as a guide, will be necessary to go through the subscription process. Those that have the right to subscribe as a guide must fulfill all the criteria below, and those that do not fulfill all the criteria will not be permitted to subscribe for membership.

(1) Must be a real person

(2) Must be over 18 years of age

(3) Must have the language ability to guide the guests in the languages stipulated by otomo

(4) Must be able to guide the guest to the areas stipulated by otomo

(5) Must submit to otomo identification documents (passport, driver’s license, residence card, etc) stipulated by otomo

(6) Must have a visa status that permits work

2. Those that have the right to subscribe as a member stipulated in Clause 1 and wishes to subscribe to the service as guide must agree to the terms and conditions and sign up by inputting information such as name, sex, birth date, nationality, email and other information requested by the company to the designated sign up form on the website. otomo will inform the guide that has completed the subscription process through otomo’s designated method.

3. Once the subscription process is completed, the guide will have to produce identification documents stipulated by otomo, as well as register a profile picture, an introductory text, and any other information required by otomo. otomo will review the identification documents as well as the registered information and will allow for the posting on the service guide page if otomo sees appropriate through an interview (either offline or online, such as phone, video/call applications etc.). Users will not be able to oppose the decision by otomo.

4. The subscription process stipulated in Clause 2 and Clause 3 should not be done by third party representatives and should be done by the guide themselves that wishes to be a member of the service. It is not permitted to subscribe using false information.

5. When the guide wishes to unsubscribe from the service, it will be necessary to report to the company in the designated procedure. However if the guide is yet to complete a tour that is under the status of “Temporary Registration” or “Registration Confirmation”, it is not possible to continue the unsubscription process. The unsubscription process will be possible after the tour is conducted or if the tour is canceled as stipulated in Article 17 Secton 1.

Article 8 (Changes in Subscription Information)

1. If there are any changes to the information uploaded to the service, members should promptly report the change in information through the designated procedure of otomo. However, for the tours that are requested or confirmed before the reporting, they will be conducted with the information uploaded before the reporting.

2. For any damages that occur because the member did not report adequately, otomo will not bear any responsibility.

Article 9 (Halting or Cancelling of Membership Rights)

1. If the company deems that members fulfill or may fulfill any of the criteria below, the company can promptly halt or cancel the memberships without notice. The member in question will not be able to object to otomo’s decision.

(1) Those that do not have membership registration rights stipulated in Article 7 Section 1 and Article 7 Section 2

(2) Those that reported false information to the company

(3) Those that violated the terms

(4) Those that violated the terms stipulated in Article 24

(5) Those that have had their rights for membership of the service canceled before

(6) An adult ward, a person under curatorship or a person under limited guardianship, that have not received permission from a legal representative, a guardian, curator, or an assistant

(7) Those that do not reply within 30 days of contact from the company or request for answers

(8) Other incidences where the company deems inappropriate for membership registration

When the company halts or cancels the service based on Clause 1 of this Article, all obligations of the member in question generated from the use of the service will be accelerated, and all amount shall become immediately due and payable in a bundle.

When the company halts or cancels the service and the member incurs a loss, the company will not bear responsibility for the compensation of the loss.

Article 10 (Management of Member ID and Password)

1. otomo requests users to create a member ID (email address) and a password upon using the service for security reasons.

2. Members hold all responsibility for the use and management of the member ID and password. Members are not allowed to disclose, lend, or reveal this information to a third party.

3. All actions taken within the service using a member ID and a password will be deemed as those of the member. The member will bear responsibility for any damages prompted by a third party user utilizing an existing member ID and password unless it is caused by otomo’s intentions or major errors.

4. otomo shall be able to issue one-time password each time instead of Article10 paragraph 1.

Article 11 (Management and Administration of Information)

1. Members hold the responsibility of paying attention to the management and usage of personal information in the service. All responsibility for personal information uploaded and disclosed to the webpage by the member belongs to the member. otomo will not be held responsible for monitoring or deleting any information, nor held responsible for the damages caused by the information to a member or a third party.

2. otomo will not be involved in any communications between the members including the exchange of contact information. otomo will not be held responsible for responding to any inquiries regarding the contents of communications between the members, nor be held responsible if a member incurs a loss due to the contents of communication between members.

Article 12 (Reservation Request/Reservation Confirmation)

1. Guests will browse the plan page of the service in order to select a plan to reserve a tour. Guests will be able to view the guide page after entering a preferred date and time of the tour, language of the guide, and all other information otomo requires. Reservation request for the tour will be completed once the guests select a guide candidate for the tour.

2. After the reservation request for the tour by the guest is completed, otomo will notify the content of the reservation request to the guide candidate, and the guide is obligated to respond if they are able to conduct the tour within the given time frame. The reservation is confirmed once the guide responds that the tour will be conducted. However, if there are more than one candidates as a guide, otomo will decide the guide through otomo’s designated method and the reservation for the tour will be confirmed.

3. otomo will promptly notify the guest and the guide of the reservation confirmation once it is confirmed. However, if the guide to conduct the tour cannot be decided, the reservation request will be canceled. otomo will not be responsible for any damages caused by the cancellation of the reservation request of the tour.

Article 13 (Review Function)

1. Guests are able to post ratings and comments (hereafter referred to as “reviews”) of the plan and guide of the tour to the webpage of the service after the tour. Guests are encouraged to post reviews to improve the quality of the service, the plan, and the guides.

2. otomo will post the reviews given by the guests on the plan page as well as the guide page. The guide agrees to the reviews being posted on the guide page. However, otomo will not guarantee the authenticity, accuracy or the validity of the review. In addition, no responsibility will be taken for any damages caused by the review, unless it is caused by otomo’s intentions or major errors.

3. The handling of copyrights and any intellectual property rights in reviews posted by guests will be in accordance with Article 22.

4. If otomo decides that any of the reviews submitted falls under one or more of the following reasons, otomo will delete a part, or all of the content of the review without prior notification or consent from the guest who submitted the review.

(1) When the content contradicts the facts

(2) When the privacy or reputation of the user or a third party is violated or has a possibility for violation

(3) When inappropriate expressions (such as violent, discriminatory, or sexual expressions) are included

(4) When otomo deems it inappropriate

5. If the user decides that a review posted on the plan page or the guide page is inappropriate, the user may request the review to be taken down through otomo’s designated procedure for deleting reviews. otomo will determine if the review falls under the reasons stated in Clause 4 of this Article, and will or will not delete part of or all of the content of the review. In addition, otomo is not obligated to notify or provide an explanation about the decision to the user who requested for the review to be taken down.

Article 14 (otomo Level)

1. otomo employs “otomo level” as an indicator to evaluate the skills and the experience of the guides, and decides the evaluation index for each guide by the evaluation method decided by otomo separately. otomo will publish the evaluation index as well as the evaluation method, and guides will agree to the publishing of the evaluation index page. However, this evaluation index does not guarantee the authenticity, accuracy or the justification of the guides skills and experience. otomo will not be held responsible for any of the damages caused to guest or the guide unless it is caused by otomo’s intentions or major errors.

2. otomo is able to change the evaluation method of the evaluation index without any prior notice to the member or obtaining consent from the members. otomo will not be held responsible for any damages caused by the change of method unless it is caused by otomo’s intentions or major errors.

Article 15 - Section 1 (Guest - Fee)

1. “Tour fees” shall be comprised out of the following items and will be the amount calculated when the guest completes a reservation request for the tour.

(1) “Compensation for the guide”
Guests must pay the guide the amount obtained by multiplying the selected guide's fee per hour and the required time for the plan. The time required for the plan will be as described in otomo’s plan page and will not be dependent on the actual time taken on the day of the tour.

(2) “Guide expenses”
Guests must pay the guide the expenses incurred through the tour such as transportation fee and the fees for the use of facilities. The guide expenses are as described in otomo’s plan page and would not depend on the actual cost of expenses on the day of the tour.

(3) “Guest expenses”
Guests must pay otomo expenses such as transportation fees as well as fees for the use of facilities. Guest’s expenses should be paid accordingly to the plan page, and other fees generated that are not stated on the plan page should be paid by the guests themselves.

(4) “Usage Fee”
Guests must pay a usage fee to otomo as a compensation for using the service.

2. In principle, guide fees and guide expenses cannot be changed even when the content of the plan or the required time for the tour reserved by the guest changes on the day of the tour. In the case of an unavoidable change, direct consultation between the guest and the guide shall be made, and any settlements will be made directly between the two parties. otomo will not be obligated to respond to any refunds of the service fee.

Article 15 - Section 2 (Guest - Method of payment)

1. In order to pay the tour fee stipulated in Article 15  Section 1 of this agreement, the guest must register information to an account that otomo uses as a designated procedure of payment during reservation request. Guests must pay the full amount of the tour fee (including the usage fee for the service)  to otomo at the time when the temporary reservation is confirmed. In addition, the fee shall be the amount that was confirmed at the time of the temporary reservation of the tour.

2. In paying the tour fee, the guest can select one type of payment currency from the specified currency by otomo. The payment amount in the settlement currency shall be converted based on the exchange rate specified by otomo and shall be displayed on the web page of the service at the time of reservation request. In addition, otomo will be able to change the exchange rate used for calculations at any time without prior notice.

3. otomo will not bear any payments of transaction fees, exchange fees or any other fees generated by the settlement company.

Article 16 - Section 1 (Compensation and Expenses of the Guide)

1. The guide’s compensation and expenses from the tour will be paid by the guests as specified in Article 15-1 of this agreement.

(1) "Guide compensation"
Guide’s will be paid by the guests the amount obtained by multiplying the selected guide's fee per hour and the required time for the plan determined at the time of registration confirmation. The guide’s fee per hour can be freely set within the upper limit amount and the lower limit amount specified by otomo. The plan duration will be as described on the plan page, and would not depend on the actual time taken on the day of the tour.

(2) "Guide expenses"
The guide’s expenses such as travel expenses and facility fees incurred during the tour as a guide will be paid by the guest. However, expenses such as transportation expenses and facility fees generated before and after the tour are not included in the guide expenses. In addition, the guide’s expenses are as described in otomo’s plan page and would not depend on the actual cost of expenses on the day of the tour.

2. In principle, no changes can be made to the guide compensation and the guide expenses even if the content or the time taken on the actual tour date differs from the plan reserved by the guest. If the content or duration of the tour must be changed due to any circumstances, the guide compensation and the guide expenses should be discussed directly between the guest and the guide, and the payment should also be directly settled between the two parties. In addition, otomo will hold no responsibility regarding the payment of the agreed transaction and will pay only the guide the guide compensation and guide expenses specified when the reservation was complete, even if there were changes made in the guide compensation and guide expenses. otomo will not be obligated to respond to the payment of any additional fees or refunds concerning the guide compensations and guide expenses.

Article 16 - Section 2 (Payment for Compensations and Expenses of the Guide)

1. The guide will give otomo the authority to receive in place all guide fees and expenses paid by guests.

2. otomo will pay compensation and the expenses of the guide in accordance with Clause 1, to the informed account of a domestic financial institution after deducting the administrative bank transfer charge. This shall be completed by the end of the month after the tour is conducted (the preceding business day in the case of a holiday of the financial institution).

3. If the guide fails to notify otomo about the account information of the financial institution or notifies otomo incorrect account information and otomo cannot pay the guide compensation and the guide expenses, the payment will be withheld and will only be paid at the end of the following month stated in Clause 2 (the preceding business day in the case of a holiday of the financial institution), after deducting fees and other charges that accompanies the returns and transfers. otomo can only withhold the guide’s payment up to 12 months after the payment date set in Clause 2. If exceeded this time period, otomo is no longer responsible for completing the payment to the guide, and all payment agreement will be invalid.

Article 16 - Section 3 (Tax Payment of the Guide)

All guide’s tax payment obligations generated by receiving compensation and expenses through the service will be dealt with under the guide’s responsibility and cost, and otomo will not be involved.

Article 17 - Section 1 (Cancellation Policy - Guest)

1. Guests may propose a cancellation after reservation confirmation is completed through a direct contract established with a guide by adhering to otomo’s cancellation procedure. otomo as well as the guide will agree to this proposal and will cancel the tour contract as well as the tour fee. However, otomo and the guide shall charge the cancellation fee specified below to the guest, and the guest shall pay the cancellation fee by the payment account registered at the time of the reservation request of the tour. If the guest has completed the payment of the tour fees to otomo, otomo will refund the cancellation fee after deducting the cancellation fee from guest by the procedure specified by otomo. If the tour contract is forced to cancel due to the inevitable circumstances of the guide, otomo will refund the tour fee to the guest.

Cancellation timing

Cancellation fee rate

Before booking confirmation

0%

Up to 15 days before the tour date (Within 72 hours of booking confirmation)

0%

Up to 15 days before the tour date (72 hours after confirmation of reservation)

10%

From 14 days before the tour date to 8 days before the tour date

50%

From 7 days before the day of the tour

100%

2. Unless a separate agreement is made between the guest and the guide directly, if the guest does not arrive at the specified starting place after 60 minutes from the agreed meeting time, the tour will be considered canceled, and the guest shall pay the cancellation fee specified in Clause 1 of this Article.

3. In the case where otomo receives a cancellation fee specified in Clause 1 from the guest, otomo will pay the guide the cancellation fee according to the procedure specified in Article 16 Section 2 after deducting necessary service fees.

4. If the guide incurs damages due to the cancellation of the tour contract based on the guest, guests will not bear any responsibility other than the cancellation fee. In addition, otomo will not bear responsibility, unless it is caused by otomo’s intentions or major errors.

Article 17 - Section 2 (Cancellation Policy - Guide)

1. Guides may propose a cancellation after reservation confirmation is completed by a direct contact established with a guest by adhering to otomo’s cancellation procedure. otomo as well as the guest will agree to this proposal and will cancel the tour contract as well as the tour fee. However, otomo shall charge the penalty fee specified below to the guide, and the guide shall pay the penalty fee through otomo’s designated procedure. If the payment of the cancellation fee to otomo is not completed by the following month (the preceding business day in the case of a holiday of the financial institution) otomo will be able to deduct the cancellation fee when paying the guide compensation and guide fee as stipulated in Article 6 Clause 2.

Cancellation timing

Cancellation fee

Up to 8 days before the tour date

5,000 Yen

Up to 7 days before the tour date (With the request for cancellation)

10,000 Yen

The day of the tour (Without the request of cancellation)

15,000 Yen

2. Unless a separate agreement is made between the guest and the guide directly, if the guide does not arrive at the specified starting place after 30 minutes over the time of the agreed meeting time, the tour will be canceled, and the guide shall pay the cancellation fee specified in Clause 1 of this Article.

3. If the guest incurs damages due to the cancellation of the tour contract based on the guide, guides will not bear any responsibility other than the cancellation fee. In addition, otomo will not bear responsibility, unless it is caused by otomo’s intentions or major errors.

Article 18 (Cancellation and Suspension of Tour)

1. otomo may request members to cancel or suspend the tour if any of the following reasons apply, and members shall comply with the request.

(1) If natural disasters such as earthquakes and typhoons or other emergency occur, or there is a possibility of such an emergency.

(2) If the otomo determines that the tour cannot be conducted safely.

2. If a member determines that there is a possibility that the circumstances fall under the reasons as specified in Clause 1 of this Article, the member holds the responsibility to immediately confirm with otomo whether the tour that is planned to be conducted or is currently being conducted should be canceled or suspended.

3. If the event is canceled before the tour is conducted upon the request of otomo, the tour contract and the request for the tour fee from otomo to the guest will be canceled. If the payment of the tour fee to otomo by the guest is completed, the guests will receive a full refund through the designated procedure. In addition, otomo and the guests will not be held responsible to respond to any requests regarding the payment of the guide fee and the guide expenses for the guide.

4. In the case of the event is suspended midway upon the request of otomo, otomo, as well as the guide, are not held responsible to respond to any requests regarding the refund or transfer of the tour fee. In addition, otomo will pay the full guide fee and guiding expenses of the tour to the guide.

5. otomo will not take any responsibility for any damages incurred by the cancellation or the suspension of the tour due to Clause 3 and 4 of this art unless it is caused by otomo's intentions or major errors.

Article 19 (Alteration, Termination, Abolishment of the Service)

1. otomo may change the content of the service without prior notice to the user.

2. otomo may suspend the service temporarily after notifying the user in advance if any of the following reasons apply. However, in case of emergency or unavoidable circumstances, it is not necessary to give prior notice to users.

(1) When there is maintenance or any alteration of the design of the system or any related equipment

(2) In the event of natural disasters such as earthquakes and typhoons or other events occurred or there is a possibility of such situations.

(3) When otomo determines that a temporary suspension of the service is necessary.

3. otomo may abolish the service after notifying the user at least one month in advance.

4. otomo will not be held responsible for any damages to the users caused by the alteration, termination or abolishment of the service unless it is caused by otomo's intention or major errors

Article 20 (Contact and Notification)

1. otomo will contact and notify users of necessary information regarding the service through the email address registered by the member, or by posting in the web page of the service, or any other methods that are deemed appropriate.

2. Any contacts from the user to otomo regarding the service may be done through the inquiry form on the service web page or other methods specified by otomo.

Article 21 (Handling of Personal Information)

1. otomo will handle personal information such as member’s names, date of birth or any other information obtained by the registration of the service with utmost care in accordance with the privacy policy.

2. otomo will provide personal information such as name, sex, and age of the guests or the guides to the guests or the guide, within the boundaries of what is needed for conducting our service. The guests and the guides agree to otomo providing personal information to the two parties.

Article 22 (Attribution of Intellectual Property Rights)

1. Copyrights and other intellectual property rights in contents such as images and texts posted by a member will be attributed to the member of concern. The member must ensure that the content does not infringe upon the intellectual property rights of the third party, and in the event of a dispute regarding the content, the member will be held responsible for resolving the dispute with the member's own risk and expense.

2. Members shall give consent to otomo as well as third parties designated by otomo the right to use in a free, unlimited, non-monopolistic manner globally, to ensure smooth provision of the service and the construction, improvement and maintenance of otomo (This will include the rights to translate, the rights to adapt, the rights to use derivative works,  the duplication, the quotation, the circulation, the exhibition, the distribution, the modification, the presentation, the publication, the assignment, and all other rights of the use and permission of sub-license rights in accordance to copyright law Article 27 and Article 28). Members shall not exercise any author’s moral rights for this use.

3. All ownership rights, copyrights and all other intellectual property rights concerning all programs, software, manuals, texts, images, trademarks, trade names constituting this service are licensed to otomo. However, otomo does not guarantee that the service is not infringing upon the rights of third parties.

Article 23 (Prohibited Matters)

The user shall not conduct the following acts in using the service.

(1) Acts that violate laws and regulations

(2) Acts that violate the terms and conditions

(3) Acts of repetitive cancellation after booking is confirmed

(4) Acts of posting or sending violent, obscene or any other images or information that will result in the discomfort of third parties

(5) Acts of using the service for indecent, threatening, fraudulent, stalking and defamatory purposes

(6) Acts of providing solicitation information such as advertisements, spam or chain mail

(7) Acts that violate intellectual property rights, portrait rights, privacy rights and other rights or interests of otomo or a third party

(8) Acts of the same person registering multiple members

(9) Acts of registering or transmitting false information

(10) Acts of using the service through a third party's account or through impersonating a third party

(11) Acts of stopping at or inducing guests to stores that provide undesired services or soliciting guests to purchase undesired items.

(12) Acts of personal transactions between members based on information published by the service without utilizing otomo as a medium.

(13) Acts of introducing or mediating services to other users that may conflict with, or will conflict with otomo’s service.

(14) Acts of unlawfully accessing otomo’s or the services computer system or network

(15) Acts of transmitting information including harmful computer programs such as computer viruses

(16) Acts of disclosing personal information concerning other users to a third party

(17) Acts of disclosing information posted in the service to a third party unrelated to the use of the service

(18) Acts of altering information to be used in relation to the service

(19) Acts that hinder or may hinder the operation of the service

(20) Acts that will lose or damage otomo’s or the service’s trust

(21) Acts that slander otomo or a third party

(22) Criminal acts or acts that are against public order and morals

(23) Acts attempting to set forth, promote or facilitate each of the preceding items

(24) Other acts that the otomo deems inappropriate

Article 24 (Exclusion of Antisocial Forces)

1. "Antisocial Forces" refers to persons described as following.

(1) Is part of an organized crime group, is a member of an organized crime group, is part of an organization involved in organized crime groups, terrorists, or any others that conform to the above

(2) Is a person that personally or use a third party to violently make requests, makes unjustly requests that go beyond legal responsibility, conducts threatening behavior or acts of violence, disseminates rumors and fabrication that damages the counterparty's trust or obstruct activities, or conducts any other acts that align with the above

2. Members must ensure that they are not the following persons in the past and present, and will not be in the future.

(1) Is part of Antisocial Forces

(2) Is a person that is deemed have a relationship that is unjustly using antisocial forces

(3) Those who cooperate or participate in the maintenance and operations of antisocial forces through funding or any similar activities

(4) Those who have relationships with antisocial forces that can be socially criticized

3. If otomo determines that a member violates the terms set forth in 11 2 of this Article, otomo may immediately cancel the membership without prior notice or warning.

4. If otomo cancels the membership in accordance to Clause 3 of this Article, all obligations of the member in question generated from the use of the service will be accelerated, and all amount shall become immediately due and payable in a bundle.

5. otomo will not be held responsible for compensating any damages even if the member incurs damages due to the cancellation of membership in accordance with Clause 3 of this Article.

Article 25 (Disclaimer of Warranty)

1. otomo will not guarantee the completeness, accuracy, usefulness, new-ness, authenticity of the information provided by the service. otomo will not be held responsible even if the user suffers damages due to the information provided by the service unless it is caused by otomo’s intentions or major errors.

2. otomo will not be held responsible even if the violation of the Terms and condition by a user causes damages to other users or third parties.

3. otomo will not guarantee the secure provision or access to the service.

4. otomo will not guarantee that harmful computer programs such as computer viruses are not included in emails or web contents transmitted by otomo in connection with the service.

5. Even in the case where an external link linked to otomo’s web page or the link of otomo’s web page is linked an external link,  otomo will not be held responsible for information obtained from any external web pages other then otomo’s web page.

6. otomo will not bear any expenses such as the facilities and communication lines required by users in order to use the service.

7. Even in the case where otomo provides information or advice to users, otomo does not hold any obligations or responsibility unless caused by otomo’s intentions or major errors.

8. If otomo is held responsible for any reason, otomo will not be obligated to compensate damages that exceed the value of the tour in question. In addition, otomo will not be held responsible to compensate incidental damages, indirect damages, special damages, future damages or any damages caused by lost profits.

Article 26 (Dispute Resolution)

1. A tour contract is concluded directly between the guest and the guide. In the case of a dispute between the two parties, the dispute shall be immediately reported to otomo and will be resolved with the responsibility and cost of the two parties. otomo will not be responsible for the dispute between the two parties. Both parties bear the responsibility of reporting the progress and results of the dispute to the otomo upon request.

2. In the case where a dispute related to the service arises with another member or any other third parties, the member must immediately report the details to otomo and resolve the dispute with the responsibility and cost of the parties involved. The parties bear the responsibility of reporting the progress and results of the dispute to otomo upon request. In relation to the dispute, if there is a request for damages from the other member or other third parties to otomo, the parties involved must compensate for the damages pertaining the request.

Article 27 (Compensation for Damages)

If the member causes any damages to otomo by violating the Terms and Conditions, the member will be responsible for compensating otomo, regardless of the damages being caused intentionally or because of negligence.

Article 28 (Assignment of Rights)

1. Unless with consent from otomo in a written contract, members shall not assign, transfer, set collateral, or perform any actions to the third party,  all or a part of the rights, obligations or contractual status in accordance to the Terms and Conditions.

2. In the event that otomo transfers the business pertaining to the service to a third party, the rights, obligations, contractual status based on the Terms and Conditions, as well as membership information and other customer information can be transferred to the receiver of business transfer. The member shall agree in advance of such a transfer.

Article 29 (Separability)

Even if any provisions or any part of the Terms and Conditions is determined to be invalid or unenforceable by the law, the remaining Clause that excludes the provisions deemed invalid or unenforceable will continue to have full effect.

Article 30 (Governing Law / Jurisdictional Court)

1. The Terms and Conditions official text shall be in Japanese, and therefore will adhere to Japanese law.<br>
2. The Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes that arise from or in relation to the service

Article 31 (Covenant of "otomo choice")

1. In case a tour guide, who assigned by otomo, conducts the service (hereafter otomo choice), Article 3 paragraph 7 and 8 are replaced as below.

(1) “Reservation Request”
Refers to the situation whereby the guest requests a booking of a tour to otomo.

(2) “Reservation Confirmation”
Refers to the situation whereby a direct contract formed between the user guest and otomo regarding the conducting of the tour based on otomo’s judgement."

2. Regarding otomo choice, all Articles below shall be preferentially applied, if the Articles are different from previous Articles. However, if those defined matters are not included in the Article below, previous Articles shall be applied.

(1) otomo choice is a tour service provided by guides who are outsourced from otomo to guests who are mainly visiting Japan from abroad.

(2) A direct contract formed between the user guest and otomo. Based on the contract, we will entrust the tour to the guides. The guides will have duty to provide service in good faith to the guest in accordance with the contract and will comply with various laws and regulations. In addition, the guides shall not disclose any information (including personal information) that learned from providing the same service to third parties.

(3) The user guest will browse the plan page and select the plan for booking the tour. The guest will also proceed in reservation request through the page by entering the tour date and time of the tour, and information separately specified by otomo. Once the guest has completed the temporally reservation process, the reservation will be confirmed by otomo’s judgement. When the reservation is confirmed, we will promptly notify the guest that the reservation is confirmed.

(4) After the contract is established, all communications regarding the tour preparations, notifications, etc. will be conducted between the guide, the guest and otomo.

(5) In the performance of this contract, in case the reservation date, time, and the plan such as the plan contents changes, after the reservation has been confirmed, we will separately agree upon consultation between otomo and the guest.

(6) The guest shall pay the tour fee, described on the plan page by otomo, to otomo.

(7) We will pay guide fee and expenses specified by otomo, withholding income tax at otomo.

(8) We will indemnify the damages when otomo deliberately or negligently caused damage to the guest in fulfilling the contract with the guest. However, this is applied to the situation only when there is a notice to otomo within 6 months from the day following the occurrence of damage.

(9) If we suffer from damages due to the action of the guide entrusted by otomo, the guide shall compensate the damage to otomo.

Article 32 (Covenant of Package Tour Contract, Customized Tour Contract, Arranged Tour Contract and Travel Consulting Service Contract)

When a package tour contract, customized tour contract, arranged tour contract or travel consulting service contract is formed between the guest and otomo, a package tour contract section, customized tour contract section, arranged tour contract section or travel consulting service section from a standard form travel agent contract shall be applied to each contract.