Terms of Service (For Users)
These Terms of Service (hereinafter referred to as these "Terms of Service") apply to the users (including but not limited to the Member(s) (as defined below)who use the service providing information services related to salons, 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").
Please read these Terms of Service before using the Service and agree to these Terms of Service.
Article 1 (Use of this Service)
1. In the Services, there are services (hereinafter referred to as "Member Services") which are available only to users who have registered as members on the Site or a website designated by us (hereinafter referred to as the "Member(s)"). The users who wish to use the Member Services may do so by registering on the Site or a site designated by us. It is possible for the Member to make a reservation for a family member within the second degree of kinship (e.g., a parent making a reservation for a minor child) only when we deem it unavoidable.
2. In the event that we determine that a user has made a reservation at a salon listed on this service (hereinafter referred to as "Listed Salon"), but has cancelled the reservation without prior notice, or if we receive a report of such cancellation from the Listed Salon, we may, without prior notice to the user, take any action that we deem necessary against the users (including but not limited to legal action), such as suspending the use of all or part of the Service, revoking membership status (if the user is a Member), or claiming damages.
3. We shall not be held responsible for any problems or troubles that may occur between users and Listed Salons (including, but not limited to, problems caused by errors in the information posted by Listed Salons on the Site). Please contact the Listed Salon directly for the above problems, unless such problems are caused by our intention or gross negligence.
4. If the user finds that the user cannot use the Listed Salons, the user must promptly contact the Listed Salons by phone, e-mail, or other means of communication, or notify them of the cancellation of the Service (at least 24 hours prior to the reservation time). In this case, the user shall follow the instruction of the Listed Salon and the user will be charged a cancellation fee by us in accordance with our cancellation policy.
Article 2 (Modification of Terms and Conditions)
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 the users 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.
Article 3 (Our Liability)
1. Although we make every effort to provide reliable services and information to users of the Service, we make no warranty of any kind with respect to the following items. When using the Service, users themselves should judge the usefulness of the Service and the information and services provided in the Service, and use the Service at their own risk
- The usefulness, suitability, completeness, accuracy, safety, legality, and up-to-dateness related to all information provided on the Service (including all information contained in the Service and in linked sites managed and operated by third parties (including the Listed Salons. The same shall apply hereinafter.))
- All matters related to the users’ use of the information provided on the Service to negotiate or make a reservation with a third party, or to apply for or enter into a contract with a third party
- That the products, services, or information, etc. available through the Service are appropriate and meet the requests or expectations of the user
- No malfunctions, errors, or failures in the provision of the Service;
- That e-mails, web content, etc. sent in connection with the Site does not contain computer viruses or other harmful content; or
- That the continuity or identity of the Service shall be maintained
2. We shall not be liable for any damages arising from the use of the Service by the user (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 users or third parties in accordance with the preceding paragraph), unless there is intention or negligence of us
- Damages incurred by the user as a result of downloading content provided by a third party, accessing a linked site managed or operated by a third party, or other acts performed via the Service
- Damages incurred by the User as a result of unauthorized modification of the Service, unauthorized access to data related to the Service, contamination of computer viruses, or other unauthorized acts; or
- Damages caused by interruption, delay, discontinuation, loss of data, etc. of our server, system, or the Service due to communication line or computer failure, etc
Article 4 (Reservation of Service)
1. Users shall select the Listed Salon, reservation date and time, details of services at the Listed Salon, payment method, and other items designated by us and shall make a reservation for services by any of the following methods.
- To apply through the Site
- To apply directly to the Listed Salon through the contact information provided on the Site
2. In the case of Paragraph 1 (1), the user agrees in advance that when multiple users apply for the same reservation at the same time, the user whose reservation is approved will be determined by the processing of the server operating on the Site.
Article 5 (Payment of Fees)
Users shall, in principle, pay the fees (including system usage fees) to us at the time of reservation through the payment service or other means of payment designated by us. The currency shall be the one designated by the Listed Salon and the rate shall be by the rate specified by the payment service or other means of payment.
However, there may be cases in which users pay fees like tips directly to the Listed Salons when they perform services at those salons. In such cases, the payment of fees and any related issues shall be resolved between the user and the Listed Salon, and we shall not be held responsible.
Article 6 (Cancellation of Reservations attributable to User, Cancellation Fees)
1. Cancellation fees for reservations cancelled for the reasons attributable to the users are subject to the following cancellation policy set forth by us (except in cases where the Listed Salon has posted its cancellation policy). We are not responsible for any exchange gains or losses between the time of payment and the time of refund.
cancellation charge
■From 24 hours prior to the appointment date and time
→100% of the total amount of the reservation fee
※If the user is late for the appointment, there is a possibility to be treated as a cancellation. Please check with the Listed Salon for details.
2.Cancellation of reservations shall be made through the member's page.
Article 7 (Cancellation and refund at the discretion of the salon)
If the cancellation of a reservation is attributable to the Listed Salon and the user has already paid the fee, a full refund will be made to the user by the method designated by us. However, we shall not be liable for any exchange gain or loss between the time of payment and the time of refund.
Article 8 (Prohibition of Users)
1. Copyrights (including but not limited to rights under Articles 27 and 28 of the Copyright Act. The same shall apply hereinafter.) of images, comments, Listed Salons, and other information posted on the Site belong to us or its licensors. Therefore, users are strictly prohibited from using such images, comments, and information on the Listed Salons beyond the scope of quotations permitted under the Copyright Act, without our prior consent.
2. In using the Service, the users shall not engage in any of the following acts or any act that we deem may fall under any of the following.
- Transmitting or posting information by impersonating another person
- Use of the Service by any method other than that approved by us
- Use of the Service for commercial purposes
- Unauthorized modification of the Service
- Unauthorized access to our servers or other computers, sending or writing harmful computer programs, etc., or sending spam mail, chain letters, junk mail, etc.
- Any act that infringes or may infringe portrait rights, copyrights, trademarks, or other intellectual property rights of us or third parties
- Any act that defames or slanders us or any third party, or that injures or may injure the honor, privacy of us or any third party
- Disclosure to others of information, documents, or graphics that are offensive to public order and morals
- Intentionally registering false information (including but not limited to nonexistent fictitious information) such as name, address, telephone number, e-mail address, credit card information of oneself, another person, or a third party
- Harassment or any other unwanted behavior that may cause discomfort or disadvantage to us or any third party
- Any activity that infringes or may infringe upon the copyrights, trademarks, portrait rights, publicity rights, privacy rights, or any other rights of us or any third party
- Failure to fulfill the user's obligations under the cancellation rules separately stipulated by the Listed Salons (regardless of the reason); or
- Other acts that violate or may violate laws, ordinances, public order, and morals, or these Terms of Service.
3. If a user 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 users (including but not limited to legal action), such as suspending the use of all or part of the Service, revoking membership status (if the user is a Member), or claiming damages.
4. If we or a third party suffers damages as a result of the user's violation of Paragraph 1 or Paragraph 2 of this Article, the user must compensate for all such damages at its responsibility and expense.
Article 9 (User ID and Password)
1. Users shall be responsible for determining their ID and password for membership registration in the Service.
2. Users shall not disclose, lend, or share their member IDs and passwords with third parties, and shall strictly manage them so that they are not leaked to any third party. We shall not be liable for any damage incurred by the user or any other party due to inadequate management of the member ID and password, error in use, use by a third party, or any other reason. All use and other actions under the user's member ID and password shall be deemed to be used by the user.
3. If a third party uses a user's member ID and password to use the Service, such act shall be deemed to be the act of the user, and the user shall be liable for payment of the usage fees and all other obligations related to such use. If we suffer damages as a result of such acts, the user shall compensate us for such damages. However, this shall not apply if the member ID and password are used by a third party due to our intentional or negligent act.
Article 10 (Subcontracting )
We may, in our responsibility, subcontract all or part of the work related to the Service to a third party.
Article 11 (Third Party Services)
1. When the users 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 users due to the use of Third Party Services by the users or disputes between the users and the third party.
2. We shall not be liable for any damage incurred by the users due to the use of Third Party Services by the users or disputes between the users and the third party.
Article 12 (Right to Review)
1. Users may submit their impressions of the Listed Salons based on their actual use of the facilities and services provided by the Listed Salons (including photos of the Listed Salons, hereinafter referred to as the "Review"). The Reviews are posted by users at their discretion and responsibility, and we shall not guarantee the accuracy, usefulness, legality, completeness, or any other aspect of their content. When a user posts the Review, the user grants us the right to reproduce, modify, publicly transmit, distribute, translate, and adapt the review both domestically and internationally, as well as other rights under copyright law (including the right to sublicense from us to third parties), without compensation, without cancellation, and without time limit.
2. We or a third party who has received a sublicense from us may use the user's Review when providing content to the Site or services affiliated with the Site. In such cases, we may display the username of the user when the user submits the Review.
3.Users shall not exercise their moral rights with respect to the use and exploitation of the Reviews as set forth in this Article.
4. If the Review includes the rights of a third party other than the user, the user shall obtain the consent of such third party for the posting of such Review.
5. Users must not include the following in their Reviews.
- Injuring the honor or credit of us or others
- Promotes discrimination, prejudice, racism, hatred, harassment, or infringement against any person or entity
- Directly depicts acts that stimulate sexual feelingss
- The act which is violent or threatening, or which encourages others to engage in violent or threatening conduct
- The act which infringes any intellectual property rights, portrait rights, privacy rights, or any other rights of third parties
- Trade secrets or equivalent thing to this
- Fraudulent, false, deceptive, or this misleading them
- Items related to prostitution or child prostitution
- Contains computer viruses
- Items that are offensive to public order and morals;
- Contents posted by persons related to the Listed Salons
- Content that is factually incorrect or based on a misunderstanding
- Items related to personal information
- Commercial content, such as advertisements for third-party services
- Anything that violates or encourages the violation of laws and regulations; or
- In addition to the preceding items, anything that we reasonably determine to be inappropriate in light of the purpose of the Service
6. We may alter, delete, or otherwise modify the Review to the extent necessary for the smooth provision of the Service, construction, improvement, or maintenance of our systems.
7. If we determine that a Review violates this Article or other articles of the Terms and Services, we may delete such posted review without prior notice.
Article 13 (Disclaimer)
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 users 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
- Natural disasters, war, riot, civil war, terrorism, serious epidemics, other force majeure, enactment, amendment or repeal of laws and regulations, orders or dispositions by public authority, acts of dispute, accidents involving transportation, communication lines, etc., other force majeure
- Failure of the connection environment for users, such as failure of the facilities of users or malfunction of Internet connection service to the facilities for the Service
- Damage caused by the performance value of the Internet connection service, such as response time from the facilities for the Service
- Unauthorized access or attack, or interception in the communication path by a third party to the facilities for the Service that cannot be prevented with the care of a good manager
- Damages caused by users' failure to comply with procedures, security measures, etc. specified by us
- Damages caused by software (OS, middleware, DBMS) and databases of the equipment used for the Service that is not manufactured by us
- Damage caused by the hardware of the equipment for the Service that is not manufactured by us
- Damages caused by malfunction of telecommunication services provided by telecommunication carriers
- Compulsory dispositions under Article 218 of the Code of Criminal Procedure (Seizure, Search, and Verification by Warrant), the provisions of the Act on Communications Interception for Criminal Investigation, or other compulsory dispositions under court orders or law and regulations
- When the business of the subcontractor is related to the subcontractor's business and there is no reason attributable to us, such as negligence, for the appointment and supervision of the subcontractor; or
- Other reasons not attributable to us
2. We shall not be liable for any disputes between users and third parties arising from the use of the Service.
Article 14 (Map)
We do not guarantee any map information regarding the location of the Listed Salons. The map information is provided by Google Inc. and is subject to the Terms of Use and Privacy Policy stipulated by Google Inc.
Article 15 (Withdrawal from Membership)
1. If the Member wishes to cancel his/her membership, he/she shall follow our prescribed cancellation procedure.
2. Members shall lose all rights and privileges related to their membership accounts when they cancel their membership.
3. Members agree in advance that their Reviews will not be deleted even if they cancel their membership.
Article 16 (Suspension of this Service)
1. We may temporarily suspend the Service in any of the following cases
- When performing maintenance or changing the specifications of the Service
- When a natural disaster, incident, or other emergency occurs or is likely to occur, making the operation of the Service difficult or impossible; or
- When we deem it necessary to temporarily suspend the operation of the Service for operational or other reasons.
2. In the event of service suspension, we will notify users in advance. However, in case of an emergency, the Service may be suspended without prior notice.
Article 17 (Discontinuation of this Service)
1. We may discontinue all or part of the Service.
2. If 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 users by posting it in the manner prescribed by us.
Article 18 (Prohibition of transfer of rights)
1. Users 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. If we transfer the business related to the Service to another company, the rights, and obligations based on these Terms of Service, as well as user registration items and other information related to users, may be transferred to the transferee of the business transfer, and users 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.
Article 19 (Anti-Social Forces)
1. Users shall make the following commitments to us
- they, their officers, or their equivalents are not, or will not be, involved in a crime syndicate, a crime syndicate member, a quasi-constituent of a crime syndicate, a crime syndicate-related enterprise, a general meeting house, a socially motivated group, or a special intelligence crime group or their equivalents (hereinafter collectively referred to as "Anti-Social Forces".)
- they are not involved in providing funds or other benefits to Anti-Social Forces, or are not using the Service under the applicant's name; and
- they do not use intimidation or violence, spreading falsehoods or using false information or using intimidation to obstruct the work of the other party, damage the trust of the other party, or make unreasonable demands beyond legal responsibility, or perform any other similar acts by using themselves or a third party.
2. If the user violates the preceding paragraph, we will take any action that we deem necessary against the user (including but not limited to legal action), such as suspending the use of all or part of the Service, revoking membership status (if the user is a Member), or claiming damages.
Article 20 (Severability)
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.
Article 21 (Governing Law and Jurisdiction)
These Terms of Service shall be governed by and construed in accordance with the laws of Japan. Any dispute arising out of or in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Supplementary Provisions
Enacted and enforced on June 30, 2023