These Terms of Service (hereinafter referred to as these "Terms of Service") apply to the Store Members who have registered as members (hereinafter referred to as the "Store Member(s)") concerning providing the information services related to the salon, beauty salons, etc. on the websites (including both PC and mobile websites) (hereinafter referred to as the "Site") managed and operated by WellBe, Inc. (hereinafter referred to as "We"), as well as e-mail distribution and other various information associated with these services (hereinafter referred to as the "Services") to Store Members. <br /> Please read these Terms of Service before using the Service and agree to these Terms of Service.
1. The Store Members shall accept these Terms of Service in advance and apply for membership registration by the method designated by us. The Store Members shall comply with these Terms of Service during the membership registration.
2. The registration procedure for the Store Members shall be conducted by the person in charge of the store or his/her agent for each account that he/she wishes to obtain, using the registration application form prescribed by us.
3. The Store Members must provide correct and accurate information about the stores they register. In these Terms of Service, information posted on the Site by us based on information provided by the Store Members to us is referred to as the "Posted Information”.
4. We will examine the Store Member's application for registration and notify the results of the examination to the phone number or e-mail address specified by the Store Member when applying for registration. The membership registration procedure will be completed when we have made this notification. As a result of the screening process, if we determine that the applying store is inappropriate as the Store Member, the registration may be denied. In addition, even after approval, we reserve the right to cancel the approval. We will not disclose the reason for the denial of registration or cancellation of approval and shall not be held liable for any such denial or cancellation.
5. The method of notification from us or a third party designated by us to Store Members is, at our option, either by sending or transmitting information to the address, e-mail address, telephone number that Store Members have provided to us, or the screen where the Store Members manage their use of the Service on the Site (hereinafter referred to as the "Store Management Screen"), or by other methods deemed appropriate by us.The notice shall be deemed to be reached to the Store Member at the time it is sent or transmitted by any of the aforementioned methods.
1. The Store Members shall be responsible for determining their ID and password for membership registration in the Service.
2. The Store Members shall not disclose, lend, or share their member IDs or passwords with third parties, and shall manage them strictly so that they are not leaked to third parties. We shall not be held liable for any damage incurred by the Store Members or others due to inadequate management of member IDs and passwords, errors in use, use by third parties, etc. All use of the Store Member's member ID and password and other acts by the Store Member shall be deemed to be used by the Store Member.
3. If a third party uses the Service using the Store Member's member ID and password, the act shall be deemed to be the act of the Store Member. The Store Member shall be liable for all obligations related to such use. If we incur damages as a result of such an act, the Store Member shall compensate for such damages; provided, however, that this shall not apply if the member ID and password are used by a third party due to the intentional or negligent act of us.
1. We may change these Terms of Service when we deem it necessary due to changes in social conditions when laws and regulations are revised or abolished, when there is a need to make changes to the Service or other business of us, or when there is any other reasonable need to do so.
2. In the event of a change in the preceding paragraph, we shall notify Store Members of the contents of the new Terms of Service by posting it in the manner prescribed by us. The contents of the new Terms of Service shall apply from the start date of application as specified at the time of this notification.
1. The Store Members shall not divulge to third parties any information obtained from users, information obtained in relation to these Terms of Service, or any other matters that should belong to our confidentiality, regardless of whether it is during or after membership registration or termination.
2. The Store Members shall comply with the privacy policy stipulated by us and applicable related laws and guidelines regarding personal information (including, but not limited to, personal information of users who have made reservations at stores through the Service).
When personal information is included in the registration information of the Store Members or information about Store Members obtained by us, it shall be handled in accordance with our Privacy Policy. However, if the Store Member voluntarily displays personal information about the Service (e.g., inserting an e-mail address to the Posted Information), that information may be collected and used by a third party. Although we take the utmost care to protect personal information, Store Members are responsible for transmitting and disclosing such information at their own risk.
1. We shall not guarantee any of the following items. When using the Service, the Store Members themselves shall judge the usefulness of the Service and the information and services provided through the Service, and use the Service at their own risk:
2. We shall not be liable for any damages arising from the use of Service by Store Members (including, but not limited to, the provision of information by us or a third party) or the inability to use the Service (including, but not limited to, damages stipulated in this paragraph, and any disadvantages, mental anguish, or other financial losses, incurred by the Store Members or third parties in accordance with the preceding paragraph), unless there is intention or negligence of us:
When the Store Member selects one of the following reservation methods on the Store Management Screen to make a user reservation for a treatment service for the Store Member via the Service, and the reservation is processed according to the method, the reservation for the treatment service is deemed to have been made between the user and the Store Member.
Reservations are made at the same time that the user selects a date and time from among the available dates and times set by the Store Member.
A reservation is made when the user makes a request for the desired date and time and the Store Member approves such request.
1. If a reservation is made between the user and the Store Member via the Service, and payment is made in advance by the user, we shall pay the Store Member such amount in accordance with our prescribed method and schedule, after deducting our commission and other fees.
2. The Store Members shall not charge any fees not listed in the Posted Information without the prior consent of the user. In the event of a change in fees due to a change in the content of treatment services, after a reservation has been made, the method of handling the difference shall be subject to consultation between the user and the Store Member. We shall not be held responsible for such difference.
1. In the event of cancellation by the user after the reservation has been made, the user will be refunded in accordance with our cancellation policy. We shall not be liable for any problems or damage caused by such cancellation.
2. If the Store Member cancels a confirmed reservation for a treatment or service, or if we reasonably determine that the Store Member is responsible for the cancellation (e.g., double booking, the difference between the Posted Information and the treatment), the Store Member shall pay a cancellation fee to us based on the following criteria, in addition to a refund of the payment.
~30 days before: 10% of the reservation fee
30 days (including 30 days) to 48 hours before: 25% of the reservation fee
From 48 hours (including 48 hour point) : 50% of the reservation fee
The Store Members shall make their utmost efforts to avoid such cancellations, resolve any problems or disputes with users if cancellations occur at their own expense and responsibility, and shall not cause trouble for us. If the damages suffered by us exceed the above cancellation fee, the Store Member shall compensate us for all such damages.
3. If the Store Member does not pay the cancellation fee stipulated in the preceding paragraph, we may set off any future obligations owed to the store member (including, but not limited to, the price due to the establishment of a reservation) regardless of the due date.
1. The Store Members may post or change the Posted Information on the site at their responsibility during the membership registration process in accordance with our prescribed method.
2. The Store Members shall guarantee the truth and accuracy of the Posted Information, and shall not provide incorrect or inaccurate information (such as charging fees that are not separately listed in the Posted Information when visiting a store). If there is a discrepancy between the Posted Information and the actual treatment services, the Posted Information shall prevail, and the Store Member shall compensate for any damages incurred by us or the user due to such discrepancy.
3. In principle, we may determine the location and order of the Posted Information such as text, images, and other information.
4. The Store Members agree that they may not arbitrarily delete any Posted Information after the cancellation of their membership for any reason and agree to abide by our arbitrary decision regarding the posting or deletion of such information.
5. The Store Members agree that we may edit, change, or delete the Posted Information at its discretion without any prior notice. We shall not be obligated to delete the Posted Information for any reason whatsoever.
6. We shall not be liable for any damage incurred by the Store Member or a third party, regardless of the legal basis for such damage, due to our refusal to the Posted Information that the Store Member attempted to post, the time required to decide whether to accept such posting, editing, changing, or deleting the Posted Information, or not deleting such information.
1. When the Store Member posts the Posted Information (including uploading of images and replies to reviews by users) to the service, all copyrights (including but not limited to rights under Articles 27 and 28 of the Copyright Act. The same shall apply hereinafter.), including reproduction rights, public transmission rights, translation rights and adaptation rights and other rights under the Copyright Act (including the right of sublicensing from us to third parties) shall be granted to us by the Store Members free of charge.
2. We may change, copy, move, or freely use all or part of the information registered and provided by Store Members through the Service as necessary without requiring prior notice, approval, or payment of compensation to Store Members.
3. We shall not be liable for any damages incurred by Store Members or third parties as a result of the use of the information in Paragraph 2 in accordance with the provisions of this Article.
1. Since the copyrights of images, descriptions, reviews, etc. posted on the Site belong to us or third parties, the Store Members are strictly prohibited from using such images, reviews, etc. (excluding the Posted Information posted by themselves) without the prior consent of us, beyond the scope of quotations permitted under the Copyright Act.
2. In using the Service, the Store Members shall not engage in any of the following acts or acts that we deem may fall under any of the following:
3. If the Store Member violates the preceding paragraph or commits any other act that we deem inappropriate for the operation of the Service, we will take any action that we deem necessary against the Store Member (including but not limited to legal action), such as suspending use of the Service, deleting the Posted Information, revoking membership status, or claiming damages.
4. If we or a third party suffers damages as a result of the Store Member's violation of Paragraph 1 or Paragraph 2 of this Article, the Store Member must compensate for all such damages at its responsibility and expense.
We may, at our responsibility, subcontract all or part of the work related to the Service to a third party.
1. When Store Members use services, platforms, etc. provided by third parties (the "Third Party Services") through the Service, they must comply with the terms of service and other provisions stipulated by such third parties.
2. We shall not be liable for any damage incurred by the Store Member due to the Store Member's use of Third Party Services, disputes between the Store Member and the third party.
1. Our liability for the Service shall be limited to the scope stipulated in these Terms of Service for any reason whatsoever. We shall not be liable for damages incurred by Store Members for any of the following reasons, regardless of whether such damages are caused by default of obligation, tort liability, or any other legal cause of claim:
2. In the event of a dispute between Store Members or between the Store Member and the user or other third party, the dispute shall be resolved between the parties concerned, and we shall bear no responsibility or burden whatsoever.
We do not guarantee any map information regarding the location of the Store Members. The map information is provided by Google Inc. and is subject to the Terms of Use and Privacy Policy stipulated by Google Inc.
1. If the Store Member wishes to cancel his/her membership, he/she shall follow our prescribed cancellation procedure.
2. Store Members shall lose all rights and privileges related to their membership accounts when they cancel their membership.
1. If any of the following events occurs to the Store Member, the Store Member forfeits the benefit of all debts owed to us, and we may suspend the Store Member's membership registration and stop providing the Service to the Store Member without prior notice:
2. If the Store Member forfeits the benefit of time to us for any of the reasons listed in the preceding paragraph, the Store Member shall immediately pay all monetary obligations to us.
3. Notwithstanding the preceding two paragraphs, if we find it difficult to provide the Service to the Store Member, we may suspend the Store Member's membership registration and stop providing the Service without prior notice to the Store Member.
4. We are under no obligation to explain the reasons for the suspension of membership registration and the suspension of the provision of the Service in accordance with this Article to Store Members. Store Members may not request disclosure of the reasons for such suspension.
1.We may temporarily suspend the Service in any of the following cases:
2. In the event of service suspension, we will notify Store Members in advance. However, in case of an emergency, the Service may be suspended without prior notice.
1.We may discontinue all or part of the Service.
2. In the event that all or part of the Service is to be discontinued, the contents of the new Terms of Service after the change shall be notified to Store Members by posting it in the manner prescribed by us.
1. Store Members shall immediately make any changes to their Posted Information, such as a change of address or contact information at the Store Management Screen.
2. In the event that the Store Member wishes to suspend or terminate treatment services, such as the closing of a store, the Store Member shall notify us in advance via e-mail or the Store Management Screen and shall respond by the method designated by us, such as withdrawing from the Service.
3. If any damage is incurred by us or a user as a result of the Store Member's failure to comply with the preceding two paragraphs, the Store Member shall compensate for that damage.
1. Store Members shall not assign, pledge as collateral, or succeed to any part of their rights or obligations under these Terms of Service to any third party, except with our prior written consent.
2. In the event that we transfer the business related to the Service to another company, the rights, and obligations based on these Terms of Service, as well as Store Member registration items and other information related to Store Members, may be transferred to the transferee of the business transfer, and Store Members agree to such transfer in advance. The business transfer stipulated in this paragraph shall include all cases in which the business is transferred, including corporate divestitures.
1.Store Members shall make the following commitments to us:
2. If the Store Member violates the preceding paragraph, we will take any action that we deem necessary against the Store Member (including but not limited to legal action), such as suspending the use of the Service, deleting the Posted Information, revoking membership status, or claiming damages.
If any provision of these Terms of Service is held invalid, illegal, or unenforceable for any reason whatsoever, the validity, legality, and enforceability of the remaining provisions of these Terms of Service shall in no way be affected or impaired thereby.
These Terms of Service shall be governed by and construed in accordance with the laws of Japan.
Enacted and enforced on September 15, 2023