Terms of Use

Article 1 Scope of Application

1. The Terms define the rights and obligations of the Company and the Registered Users, and apply to any relationship between the Company and the Registered Users with respect to use of the Service.
2. Rules and regulations concerning the Service posted by the Company on the Website (as defined in Article 2) from time to time shall constitute part of the Terms.

Article 2 Definitions

For the purposes of the Terms, the following terms shall have the meanings ascribed to them below:

1. "Applicant" has the meaning given to it in Article 3.
2. "Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the right to acquire such rights or to file an application for the registration of such rights.
3. "Partner Store" means a beauty salon or other store that has been registered as a user of the Service based on the Terms of Use (for Partner Stores).
4. "Registration Information" has the meaning given to it in Article 3.
5. "Registered User" means an individual who is registered as a user of the Service in accordance with the provisions of Article 3.
6. "Service" means the service of providing Registered Users with information about salons, beauty parlors, and similar establishments, as well as various related information such as email newsletters, named SAKURA Beauty Bookings provided by the Company including, any services following any changes to the name or content thereof for any reasons.
7. "Service Agreement" has the meaning given to it in Article 3.
8. "Service Fee" means the amount paid by Registered Users to Partner Stores as consideration under the Service Provision Agreement.
9. "Service Provision Agreement" means the agreement entered into between the Registered User and the Partner Store based on the Service, whereby the Partner Store provides the Registered User with beauty treatments and other services specified by the Company.
10. "Third Party Provider" means an entity that provides Third Party Services.
11. "Third Party Services" means services provided by Stripe, Google Inc., App Store, Google Play, or other third-party providers that we designate, and that are used in relation to the Service.
12. "Third Party Terms of Use" means the terms that apply to the legal relationship between the Registered User and the Third Party Provider.
13. "Website" means the website operated by the Company with the domain name "sakurabb.com", including the website following any changes to the domain name or contents thereof for any reasons.

Article 3 Registration

1. Any person that intends to use the Service (hereinafter referred to as the "Applicant") may apply to the Company for registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the "Registration Information") in the manner specified by the Company.
2. The application for registration must be made by an individual that will use the Service and applications by proxy will not be accepted. For each application for registration, the Applicant shall provide true, correct and current information to the Company.
3. The Company may reject an application for registration if:
   1. the Company determines that the Applicant is likely to violate the Terms;
   2. the Registration Information submitted to the Company contains, in whole or part, false or erroneous statements or omissions;
   3. a previous registration of the Applicant for the use of the Service was cancelled;
   4. the Applicant is a minor (miseinensha), an adult ward (seinen-hi-koukennin), a person under curatorship (hi-hosanin) or a person under assistance (hi-hojonin) and has not obtained the necessary consent of its respective legal representative, guardian, curator or assistant;
   5. the Company determines that the Applicant is Antisocial Force (meaning collectively organized crime groups (boryokudan), organized crime group members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved with any Antisocial Force in any manner such as cooperating or engaging in the maintenance, operation or management of any Antisocial Force through funding or any other method; or
   6. the Company otherwise reasonably determines that acceptance of the application for registration would be inappropriate.
4. The acceptance or rejection of applications for registration shall be determined by the Company in accordance with criteria established by the Company, including, without limitation, the items of Article 3.3. The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted. The completion of the registration constitutes the execution of the agreement (the "Service Agreement") between the Registered User and the Company with respect to the use of the Service in accordance with the Terms.
5. In the event of any change in its Registration Information, the Registered User shall promptly notify the Company of the updated information in accordance with the procedure specified by the Company and submit to the Company the materials as required by the Company.

Article 4 Use of the Service

1. During the effective term of the Service Agreement, the Registered User shall be entitled to use the Service in accordance with the Terms and in such manner as specified by the Company.
2. The Service is intended for the Registered User and the Partner Store to directly enter into Service Provision Agreement, and the Company shall not be a party to such Service Provision Agreement. However, the payment of the Service Fee shall be handled pursuant to Article 7, whereby the Company shall receive the Service Fee on behalf of the Partner Store and remit the same to the Partner Store.

Article 5 Conclusion, etc. of Service Provision Agreement

1. The Registered User may, in accordance with the method prescribed by the Company, apply to the Partner Store for the provision of services by such Partner Store, and upon the Partner Store's acceptance of such request, a Service Provision Agreement shall be concluded between the Registered User and the Partner Store in accordance with the content of the application made by the Registered User.
2. When concluding the agreement described in the Article 5.1, if it is necessary for the Registered User and the Partner Store to make arrangements regarding conditions other than the content of the application, such arrangements shall be agreed upon separately between the Registered User and the Partner Store.
3. The Registered User and the Partner Store shall conclude the Service Provision Agreement on their own responsibility, and any disputes, etc. arising in connection with the Service Provision Agreement shall be resolved between the Registered User and the Partner Store. Except in cases of willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be responsible or liable for any damages whatsoever.
4. The Registered User and the Partner Store shall not be entitled to terminate the Service Provision Agreement after its conclusion. In the event that the Registered User terminates the Service Provision Agreement, or the Company reasonably determines that the Registered User is responsible for the termination, the Registered User shall pay the Company a cancellation fee separately prescribed by the Company.

Article 6 Fee

1. The Registered User shall pay to the Company the fee for the Service separately prescribed by the Company, by the method prescribed by the Company.
2. In the event that a Service Provision Agreement is concluded, the Registered User shall pay the Service Fee to the Partner Store in accordance with the provisions of the Article 7.

Article 7 Settlement Procedure

1. In the event that a Service Provision Agreement is concluded, the Registered User shall, by the method prescribed by the Company and by the timing separately designated by the Company, (i) pay the Service Fee to the Partner Store, and (ii) pay the fee set forth in the Article 6.1 to the Company. The costs for the wire transfer and any other expenses concerning the payment shall be borne by the Registered User.
2. The payment procedures for the Service Fee by the Registered User to the Partner Store shall be conducted by the Company receiving the Service Fee on behalf of the Partner Store and subsequently remitting it to the Partner Store. The Company may, at its discretion, designate a settlement service provider and a collection agent, and may re-delegate the authority to process payments and receive the Service Fee on an agency basis to such settlement service provider and collection agent, which the Registered User shall acknowledge and consent to in advance. Upon the settlement service provider or collection agent receiving the Service Fee from the Registered User, the Registered User's payment obligation for the Service Fee to the Partner Store shall be extinguished.
3. Except as otherwise approved by the Company, the Registered User and the Partner Store shall not directly exchange the Service Fee related to the Service Provision Agreement. Regardless of whether a direct payment of the Service Fee is made between the Registered User and the Partner Store, the Registered User shall be obligated to pay the Service Fee to the Company.

Article 8 Management of User ID and Password

1. The Registered User shall be fully responsible for the security and safekeeping of its user ID and password (the "Account Information"). The Registered User shall not cause or permit any third party to use the Account Information, and shall not loan, assign, change the registered name of, transfer, sell or otherwise dispose of the Account Information.
2. The Registered User shall be responsible and liable for any damage incurred as a result of inadequate management, wrong or improper use or use by a third party of the Account Information, or other similar events, except in the case of willful misconduct or gross negligence on the part of the Company or the Operator.
3. If the Registered User finds that its Account Information has been stolen or is used by a third party, the Registered User shall immediately notify the Company of such fact and follow the instructions provided by the Company.

Article 9 Prohibited Activities

1. The Registered User shall be prohibited from engaging in any of the following acts with respect to use of the Service:
   1. requesting the provision of services from the Partner Store that exceeds the scope of services separately defined by the Company;
   2. performing any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, the Operator, other Registered Users, the Partner Store, the Third Party Providers or other third parties (including, without limitation, any act which causes such infringement directly or indirectly);
   3. transmitting information by impersonating another person;
   4. performing an act associated with a criminal act, or an act against public order and good morals;
   5. transmitting information which is indecent or harmful to minors;
   6. transmitting information relating to relationships with people of the opposite sex;
   7. performing any act which violates any law or regulation, or the internal rules of the entity of which the Company or the Registered User is a member;
   8. transmitting information containing computer viruses or other harmful computer programs;
   9. altering or tampering with information available in connection with the Service;
   10. transmitting through the Service a volume of data which is larger than the size of data specified by the Company;
   11. performing any act that is recognized to be likely to interfere with the operation of the Service by the Company; or
   12. performing any other acts that are reasonably determined by the Company to be inappropriate.
2. In cases where the Company reasonably determines that an act conducted by the Registered User falls or is likely to fall under any of the items listed in Article 9.1, the Company may delete all or part of such information, temporarily suspend the use of the Service, or cancel the Registered User's registration, without any prior notice to the Registered User. Except to the extent of any willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company pursuant to Article 9.2.

Article 10 Discontinuation or Suspension of the Service

1. In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the Service without prior notice to the Registered User:
   1. when the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;
   2. when a computer or telecommunications network ceases to operate or function as a result of an accident;
   3. when the Service becomes inoperable due to fire, power failure, natural disaster, or any other cause of force majeure;
   4. when trouble, discontinuation or suspension of service, discontinuation of association with the Service, changes of specifications, etc. occur with respect to the Third Party Services; or
   5. when for any other reason the Company reasonably determines that discontinuation or suspension is necessary.
2. The Company may, by its determination, terminate the Service. In such case, the Company shall give prior notice to the Registered User.
3. Except to the extent of any willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this Article 10.

Article 11 Preparation of Equipment

1. The Registered User shall, at its own cost and responsibility, prepare and maintain computers, software and other devices and communication lines and other equipment and services relating to network that are necessary to enable it to use the Service.
2. The Registered User shall, at its own cost and responsibility, prepare and maintain security systems suitable for its settings and conditions for use of the Service to avoid attacks by computer viruses, unauthorized access, information leakage, etc.
3. The Company is under no obligation to retain messages or other information transmitted by or to the Registered User through the Service even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time at its discretion. Except in cases of willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be responsible or liable for any damage incurred by the Registered User as a result of any such deletion.
4. If the Registered User, at the commencement of or during the use of the Service, installs software or programs from the Website onto its computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent any loss or alteration of information held by it, or any fault or damage to its equipment.

Article 12 Ownership and Intellectual Property Rights

1. All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company, the Operator or their licensors, the use of the Service permitted through the registration under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights relating to the Website or the Service held by the Company, the Operator or their licensors. The Registered User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company, the Operator or their licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
2. The Registered Users shall grant to the Company and the Operator a non-exclusive, sublicensable and royalty-free license to copy, reproduce, modify or otherwise use, the texts, graphics, videos and other data uploaded to or transmitted via the Website or the Service by the Registered User, to the extent necessary for the provision of the Service.

Article 13 Handling of Information

The handling of personal information obtained by the Company or the Operator through the Registered User's use of the Service shall be governed by the privacy policy separately established by the Company or the Operator. By utilizing the Service, the Registered User shall consent to the Company or the Operator handling personal information in accordance with the privacy policy.

Article 14 Cancellation of Registration

1. The Company may temporarily suspend use by the Registered User of the Service or deregister the Registered User without any prior notice if:
   1. the Registered User violates any provision of the Terms;
   2. the Registration Information is found to contain false information;
   3. the Registered User uses or attempts to use the Service for such purposes or in such a manner that may cause damage to the Company, the Operator, other Registered Users, the Partner Store, the Third Party Providers or other third parties;
   4. any Third Party Service or its association with the Service is made unavailable to the Registered User by the Third Party Provider due to violation by the Registered User of the Third Party Terms of Use or other reasons;
   5. the Registered User interferes with the operation of the Service by any means;
   6. payment by the Registered User is suspended, or the Registered User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation or other similar proceedings is made with respect to the Registered User;
   7. the Registered User dishonors any note or check issued or accepted by it;
   8. a petition is filed against the Registered User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;
   9. the Registered User becomes subject to the procedures for tax delinquency;
   10. the Registered User dies or is subject to an order for the commencement of guardianship, curatorship or assistance;
   11. the Registered User has not used the Service for a period of 6 months or more and has not responded to any communication from the Company;
   12. the Registered User falls under any of the items listed in Article 3.3; or
   13. the Company determines that the continuation of the registration of the Registered User would be inappropriate.
2. In cases where the Registered User falls under any of items listed in Article 14.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable and the Registered User shall immediately settle such monetary debt.
3. Each of the Company and the Registered User may cancel the Registered User's registration as a Registered User by sending notice to the other party in accordance with the procedures specified by the Company.
4. Except to the extent of any willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 14.
5. In the event of the cancellation of the registration pursuant to this Article 14, the Registered User shall return, destroy or otherwise dispose of the software, manuals or any other materials supplied by the Company in connection with the Service, in accordance with the instructions provided by the Company.

Article 15 Disclaimer and Limitation of Liability

1. The Company or the Operator makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, completeness or consistency, with respect to the Service or other information related to the Service (including, but not limited to, information regarding the Partner Store).
2. The Company or the Operator shall not be involved in any way in the conclusion, content, or result of any Service Provision Agreements between the Registered User and the Partner Store. Except in cases of willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be liable for any damages incurred by the Registered User in connection with such agreements.
3. The Company or the Operator shall not be liable for any damages incurred by the Registered User arising from any error in the data input by the Registered User or other information provided by the Registered User to the Company, except in cases of willful misconduct or gross negligence on the part of the Company or the Operator.
4. The Company or the Operator does not make any warranty which is not expressly provided for in the Terms even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Service, the Website, other Registered Users or any other matter.
5. Although the Service may be associated with the Third Party Services, the Company or the Operator makes no warranty regarding such association. Except in cases of willful misconduct or gross negligence on the part of the Company or the Operator, the Company or the Operator shall not be responsible or liable even when such association is not available.
6. In cases where the Service is associated with the Third Party Services, the Registered User shall comply with the Third Party Terms of Use at its own cost and responsibility, and the Company or the Operator shall not be liable for any disputes or other issues that arise between the Registered User and the Third Party Providers, except in cases of willful misconduct or gross negligence on the part of the Company or the Operator.
7. The Registered User shall investigate at its own cost and responsibility to determine whether or not its use of the Service will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company or the Operator makes no warranty that the use of the Service by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.
8. The Registered User shall, at its own responsibility, treat and resolve any transactions, communications, disputes, etc. in connection with the Service or the Website which arise between the Registered User and other Registered Users, the Partner Store, the Third Party Providers or other third parties. The Company or the Operator shall not be liable for such matters, except in cases of willful misconduct or gross negligence on the part of the Company or the Operator.
9. In no event shall the Company or the Operator be responsible or liable for suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any information from the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the Registered User in connection with the Service, except in cases of willful misconduct or gross negligence on the part of the Company or the Operator.
10. Even if the Website contains links to and from other websites on the Internet, the Company or the Operator shall not, for any reason, be responsible for any websites other than the Website or any information obtained therefrom, except in cases of willful misconduct or gross negligence on the part of the Company or the Operator.
11. The responsibility and liability of the Company or the Operator for any damage incurred by any Registered User with respect to the Service shall, except to the extent of any willful misconduct or gross negligence on the part of the Company or the Operator, (i) be limited to direct and normal damages (not including other damages such as lost profits and indirect damages) and (ii) not exceed the total amount of fees set forth in Article 6.1 that the Company actually receives from the Registered User during the 3 months preceding the date on which the cause of such damage occurs.

Article 16 Indemnification by the User

1. The Registered User shall indemnify and hold harmless the Company or the Operator from and against any damage incurred by the Company or the Operator resulting from any breach by the Registered User of any provision of the Terms or in relation to use by the Registered User of the Service.
2. The Registered User shall immediately notify the Company of any claim against the Registered User brought by other Registered Users, the Partner Store, any Third Party Providers or other third parties in connection with the Service or of any dispute arising between the Registered User and any of the other Registered Users or other third parties, and shall settle such claim or dispute at its own cost and responsibility and, upon the Company's request, report the processes and results of the settlement to the Company.
3. In cases where a claim is brought against the Company or the Operator by other Registered Users, the Partner Store, the Third Party Providers or other third parties for infringement of rights or for any other reason with respect to the use of the Service by the Registered User, the Registered User shall compensate the Company or the Operator for any amounts that the Company or the Operator is required to pay to such other Registered Users, the Partner Store, the Third Party Providers or other third parties as a result of such claim.

Article 17 Confidentiality

1. For the purposes of the Terms, the "Confidential Information" means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or comes to the knowledge of, the Registered User in connection with the Terms or the Service in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Registered User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Registered User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.
2. The Registered User shall use the Confidential Information solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information to any third party without the Company's prior written consent.
3. Notwithstanding Article 17.2, the Registered User may disclose the Confidential Information when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.
4. The Registered User shall first obtain the prior written consent of the Company if it intends to reproduce any document or magnetic storage media containing the Confidential Information, and shall keep the reproductions under strict control in the same manner as provided for in Article 17.2.
5. At any time upon request by the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

Article 18 Effective Term

The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the earlier of the termination of the registration or the cessation of the provision of the Service.

Article 19 Amendment and Changes to Terms, etc.

1. The Company reserves the right to make changes to the contents of the Service without restriction.
2. The Company reserves the right to make amendments to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article 19). In the event of any amendment to the Terms, the Company shall notify the content and effective date of such amendment in a manner specified by the Company before such effective date. In cases where such amendment requires the consent of the Registered User under the applicable laws, the Company shall obtain the consent in the manner specified by the Company.

Article 20 Notice

Any inquiries with respect to the Service or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

Article 21 Assignment of Terms

1. The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of its status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.
2. In cases where the Company or the Operator assigns the business related to the provision of the Service to a third party by any means, such as through a business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information, and the Registered User hereby agrees to such assignment in advance.

Article 22 Entire Agreement

The Terms constitute the entire agreement between the Company and the Registered User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the Registered User with respect to the matters contained herein.

Article 23 Severability

If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.

Article 24 Survival of Provisions

The provisions of Articles 4.2, 5.3, 5.4, 6 (to the extent that the Fee is unpaid), 7, 8.2, 9.2, 10.3, 11 through 13, 14.2, 14.4, 14.5, 15 through 17, and 21 through 25 shall survive the expiration or termination of the Terms and remain in full force and effect; provided, however, that Article 17 shall survive only for 3 years from the expiration or termination of the Terms.

Article 25 Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan without regard to conflict of laws principles. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

Article 26 Resolution Through Discussion

Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.