Article 1 (Definitions)
- “Operator” means the business owner, Hiroko Mano.
- “Website” means the Japanese website called “Japonism in Beauty” that provides beauty related information and is managed by the Operator.
- “Service” means the salon referral and the Booking service that the Operator provides as part of the activities on this Website.
- “Terms of Service” means the terms and conditions specified hereunder on the basis of which the Website and the Service are provided.
- “User” means an individual or entity that agrees to use the server under the Terms of Service.
- “Salon/Salons” means the beauty treatment facilities affiliated with the Service that provides Users with beauty treatment.
- “Treatment” means the beauty treatment services that the User receives at the Salon, of which the User must have booked on the Website.
- “Booking” means a booking that the User makes on the Salon’s Website to receive Treatment.
- “Treatment Fee” means the payment for the Treatment that the User has booked for on the Website.
Article 2 (Scope)
Article 3 (Description of the Service)
- The purpose of the Service is to provide the User with information on the Salons and their Services in multiple languages on the Website, and to facilitate booking for a Service at a Salon listed on the Website to receive beauty treatment.
- When the User wishes to make a booking using the Service, the User needs to enter his/her personal information and the date and time that he/she desires to have a treatment, having agreed to the Terms of Service and to pay the Treatment Fee through the online payment system specified by the Operator.
- When the Operator acknowledges the receipt of the Treatment Fee in respect of the preceding paragraph, the Operator will coordinate the request of the booking with the Salon. The Booking is deemed have been completed when the Operator confirms a booking with the Salon.
- Booking requests may not be fulfilled by the Operator, depending on the availability of the Treatment on the requested date and time. In such a case, even if the User had provided information necessary for the booking and had completed the payment, the Booking will be cancelled.
- When the Booking is cancelled, the Operator will refund the full amount of the Treatment Fee to the User.
- When the Operator confirms the Booking, the Operator will e-mail a Payment/Booking Confirmation Statement to the User as a proof of the completion of the Booking.
- The User will be able to receive the treatment upon presenting the Payment/Booking Confirmation Statement.
Article 4 (Provision of User information and the use of the Service
- The User shall provide the necessary user information accurately, without any falsification.
- The User shall be held responsible for all the damages suffered by the Operator, the User herself or other third parties as a result of the User providing inaccurate or false information while using the Service.
Article 5 (Use of the Service)
The User may use the Service in accordance with the procedures specified by the Operator, for the purpose of achieving the objective of the Terms of Service, provided the said use does not violate the Terms of Service, and after providing the necessary User information. However, the Operator reserves the rights to refuse the provision of the Service in the event that:
- The User was determined by the Operator to (1) constitute an organized crime group or a member thereof, a member of the rightist organization, anti-social force, or other similar persons or entity (“antisocial Force”), and/or (2) have any interaction of involvement with an Antisocial Force, and/or (3) assists or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means thereof; or
- The User was determined that the have used this Service in an inappropriate manner.
Article 6 (Successful Booking)
- Booking is successfully completed upon the completion of the steps prescribed in Article 3.
- As for the payment of the Treatment Fee in respect of the Booking made on the Website, PayPal Inc. shall be used.
- The User is held responsible for any taxes, including consumption taxes, related to the Service(s) that are imposed on the User. The Operator will, in no event, bear or process such taxes.
- After the User has received the Treatment at the Salon, the User is required to sign the Treatment Completion Certificate. By signing thereof, the Operator and the Salon will no longer be held responsible for any future complaints.
- Any procedures related to Booking and other communications between the Operator and the User will be made via e-mail.
Article 7 (Changes to Booking)
- When the User wishes to change the date/time of appointment after the Booking is confirmed, the User may contact the Operator to set up a new date and time.
- Upon receiving a request to reschedule and appointment, the Operator shall notify the Salon immediately to reschedule the appointment and accommodate the User’s request.
- Upon the confirmation of the new booking, the User will receive the booked treatment at the Salon in accordance with the procedures prescribed in Article 3.
- Even when the User successfully reschedules the appointment’s date/time, the User is still considered to have continued to agree to the Terms of Services and rules of the respective Salons, which he or she has agreed to upon making the initial booking.
- In the event that the Operator fails to accommodate a User’s request to reschedule an appointment, and has no choice but to cancel the initial booking, the Operator may refund the Treatment Fee received after deducting the cancellation fee, which may vary, depending on the timing (Japan time) of the cancellation, and the terms specified by the Operator, as specified hereunder.
(1) If the User requests to reschedule his/her appointment by noon, three (3) days prior to the original appointment date: 100% of the Treatment Fee will be refunded.
(2) If the User requests to reschedule his/her appointment after noon three (3) days prior to the original appoint date: 50% of the Treatment Fee will be refunded.
6. The repayment of the Treatment Fee due to an unsuccessful rescheduling or cancellation as set forth in the preceding paragraph can only be done once.
Article 8 (Cancellation of Booking)
- In the event where the User wishes to reschedule or cancel a confirmed Booking, the Operator may refund the Treatment Fee received after deducting the cancellation fee which varies depending on the timing (Japan time) of the cancellation specified by the Operator, as shown below.
(1) When the User requests to cancel a reservation by noon three (3) days prior to the original appointment date: 100% of the Treatment Fee will be refunded.
(2) When the User requests to cancel a reservation after noon three (3) days prior to the original appoint date, 50% of the Treatment Fee will be refunded.
(3) When the User fails to show up at the Salon on the date/time of the appointment without prior notice: the user will not be entitled to a refund.
(4) When the User arrives more than ten (10) minutes late, there is a case that the Salon may cancel the Booking. In such a case, no refund is made.
2. For any refunds for a Treatment Fee due to the cancellation or discontinuation of Booking, the Operator shall complete the necessary procedures for the refund within ten (10) business days after the User have completed the procedure for refund in accordance with the procedures specified by the Operator, in principle.
3. The Operator will refund the Treatment Fees, using PayPal Inc.
4. Users hereby acknowledge that the Operator reserves the right to cancel Booking for any of the reasons prescribed in Article 10 herein, and Users also acknowledge they are not entitled to any claims or damages that they may incur or suffered as a result of such cancellation against the Operator.
Article 9 (Representation and Warranty)
- The Operator is dedicated to salon referral businesses, and the Operator shall in no event be a party of the Booking, and absolved of any responsibility whatsoever for the information registered on the Website.
- The Operator makes no warranty that the User by the Use of the Service complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations.
- The User shall investigate at his/her own responsibilities and expenses to ensure that the User complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations. The User acknowledges hereby that the User may not be able to claim any compensation greater than the Service Fee from the salon for damages that he/she may suffer in respect of the Booking.
- The Operator has in no event any obligation to take recovery measures for damages suffered by the Users, more than the obligation it has undertaken in this Article herein.
- On the Website, links from/to the other websites may be provided. The Operator shall in no reason be held responsible for any damages incurred by the User arising from the use of such external websites and the information obtained therefrom.
- The Operator shall not be obligated to perform any modifications or improvement to the Service even when the device, equipment or software used by the User is not fit or suitable to use the Service.
- The Operator shall not be held responsible for any damages caused by any interruption, delays, suspension, etc. in the system of the Service as a result of poor performance, failure of or unauthorized access to the communication line, software or hardware.
- The Operator makes no warranty that the e-mail messages that the Operator sends as well as the contents on the Website in relation to the Service do not contain computer viruses and/or harmful materials.
- The Operator may provide the Users with information and advice from time to time. The Operator shall not be held responsible for any damaged arising from such information and advice.
- The Operator shall not bear any expenses for the facilities and communication lines that the User incurs while using this Service.
- The Operator shall not be held responsible for any damages caused as a result of the User’s violation of this Terms of Service.
- The Operator makes no warranty as to whether the Treatment that the User makes a booking for through the Service would satisfy his/her expectations effectively.
- Other than each of the above-stated items, the Operator shall be not held responsible for any damage suffered by the User as a result of using the Service, unless such damage or damages is as a result of intent or gross negligence.
Article 10 (Prohibition of Actions)
When using the Service, the User may not conduct any of the following acts or any act that the Operator that falls under any of the following.
- Acts that violate any laws or regulations or other agreements;
- Acts that cause or potentially cause an infringement of rights and/or acts that undermine the reputations of the Operator or third parties;
- The act of impersonating a third party to send information to the Operator;
- Acts against the public order and good morals;
- Acts to transmit viruses or other hazardous computer programs to other users;
- Acts of advertisement, soliciting or marketing of organizations, services or activities that are determined to be unrelated to the Service by the Operator;
- Others; all actions that the Operator are deemed to be inappropriate, at the discretion of the Operator;
- Making a booking between users or with Salons without using the Service based on the information that has been provided on the Website;
- Using or providing a third party with information on other Users that a User has known through the use of the Service, for any purposes other than for the use of this Service, without any explicit consent of the Users;
- Acts that interfere with the operation of the Service and/or degrade the reputation or the credit of the Company, partners or the affiliate(s) of the Company;
- Acts of the User at a Salon that cause complaints from other Users, third parties or the Salon, including conversations over the mobile phone, eating and drinking, and/or accompanying someone else. To accompany someone to a Salon, please follow the policies of the respective Salons, which will be presented at the time of booking. In the event that a staff of the Salon has determined that such acts may cause discomfort to other clients, the staff may advise the User to refrain such act and the User shall follow the advice;
- Transfers or resells the rights and obligations under a confirmed Booking, as well as the contractual status associated with the Booking to a third party. When the Operator discovers such acts or impending acts, the Operator may have the right to invalidate the Booking, and not approve the refund of the Service Fees received. In such a case, the Operator shall not be held responsible for any issue(s) that arises out of the transfer or resell of Booking to entities or individuals other than this Website.
Article 11 Suspension of the Service
- The Operator shall be entitled to suspend or discontinue the Service, in whole or in part, in the event that:
(1) The Operator needs to inspect, maintain and/or check the computer and the Website for the Services for viruses or due to the emergence of an urgent circumstance(s);
(2) The Operator becomes unable to provide the Service due to force majeure, including but not limited to natural disasters, fire, power blackout and others;
(3) The Operator becomes unable to provide the Service due to unauthorized access to the Service by a third party or harmful computer programs;
(4) The Operator becomes unable to provide the Service due to measures based on laws and regulations;
(5) The Operator becomes unable to provide the Service due to unavoidable reasons.
2. The Operator shall not be held responsible for any damages suffered by the User or a third party arising from the suspension or discontinuance in respect of the preceding paragraph.
3. The Operator shall give an advance notice of any planned suspension or discontinuation of the Service on the Website, unless in the case of an emergency.
Article 12 (Dispute settlement)
- Any dispute arising between the Salon and the User in relation to the Service shall be resolved between the Parties, and the Operator shall not be held responsible for such dispute between the Salon and the User. However, the Operator will provide language support to assist in the early settlement of the dispute.
- In the event where the User receives a complaint in connection with the Service from another User or otherwise from a third party, or a dispute arises between them, the User shall notify of such event immediately to the Operator. In this case, the User shall handle such a complaint or dispute on the User’s expense and responsibility, and notify of the progress and the results to the Operator, when requested by the Operator.
- In connection with the use of the Service by the User, in the event where the Operator receives any claims for an infringement or other reasons from another the User or otherwise from a third party, the User shall reimburse the amount that the Operator has paid to the other User or the third party in respect of the claim, to the Operator.
Article 13 (Retention of Information)
The Operator has no obligation to keep messages and other information sent to and by the User, even if the Operator decides to keeps such information for a certain period of time for operational reasons. The Operator may remove such messages and information at any time, and the Operator will not held responsible for any damages suffered by the User as a result of such deletion of messages and information pursuant to this Article herein.
Article 14 (Ownership of Rights)
The Ownership and the IP rights related to the Website and the Service exclusively belong to the Operator or the Operator’s licensor reserves. Nothing contained therein shall be construed have granted the User a license of the IP rights owned by the Operator or the Operator’s licensor, in connection with the Website and the Service. The User shall not conduct any act(s) that infringes the intellectual property rights of the Operator or the Operator’s licensor.
Article 15 (Personal Information)
Article 16 (Placement of Advertisements)
The Operator, at her discretion, may place advertisements that it deemed appropriate on the Website. The Operator shall not be held responsible for any damages suffered by the User and third parties arising from the advertisements placed on the Website.
Article 17 (Amendment)
The Operator reserves the right to at any time amend or supplement the Terms of Service without the consent of the User. The Terms of Services revised shall become effective when they are posted on the Website which provides the Service, unless the effective date is determined by the Operator separately. When the User uses the Service after the revised Terms of Service takes effect, the user will be deemed to have agreed to the revised Term of Service.
Article 18 (Assignment)
- The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Terms of Service between the Operator and the User or its rights or obligations under the Terms of Service without the prior written consent of the Company.
- In an event where the Operator has assigned the business regarding the Services to a third party, the Operator may, as part of such assignment, assign to such third party its status under the Terms of Service, its rights and obligations under the Terms of Service, and the Registration Information and other information related to the User, and the User hereby agrees to such assignment in advance. The business assignment referred to in this Article shall include, in addition to the usual forms of business assignment, a split of the Company or any other form of restructuring of the Company that would result in the transfer of business.
Article 19 (Severability)
- If any provision under the Terms of Service or any part thereof is deemed to be invalid or unenforceable under the Consumer Contract Law of Japan or other applicable laws or regulations, the remaining provisions hereof shall remain in full force and effect.
- Such invalid provision(s) shall be amended only to the extent necessary to make it enforceable by ensuring the same level of effect in its intention, law and regulations as well as the economic aspects.
Article 20 (Ownership of Rights)
The Terms of Service shall be governed, interpreted and enforced in accordance with the laws of Japan. Any and all disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance
Revision and effective date: Wednesday March 30, 2016 Hiroko Mano
For any request for information disclosure, comments, questions, complaints, and other inquires regarding the handling of personal information, please contact us by phone or e-mail as stated below.
Phone number (English, French, Japanese) : 080-3605-1903 (Service hours: From 10 am to 7 pm on weekdays)
E-mail address: email@example.com
Handling of Personal Information
Article 1 (Personal Information)
Personal Information means information about any individuals who is a User, and information consists of the name, address, telephone number, e-mail address or other descriptions from which an individual can be identified. Also, even when such information alone does not allow the identification of an individual, if it is possible to identity an individual by combining the said information with other information, such information is also defined to be Personal Information.
Article 2 (Purpose of Use of Personal Information)
The Operator shall use Personal Information only for the purposes prescribed below, and shall not use Personal Information beyond the scope of achieving such purposes.
- For verification of the User and the provision of the Service to the User.
- For the provision of Personal Information to the Partner based on the consent and application of the User.
- For the delivery and/or display of advertisements and contents, and for the provision of the Service based on the attribute information, computer terminal information, positional information and behavior history.
- For the improvement of the Service, development of new service, research, analysis and marketing of the point system usage situation.
- For the implementation of campaigns, questionnaires, monitoring and/or interviews.
- For viewing and/or replying to opinions, inquiries, comments or posted reviews.
- For the investigation of the activities that are prohibited in the Terms of Service or other agreements, including various applications and overlapping applications for any commercial or diversion purposes, transfer of rights, registration of false information, as well as the verification of such applications based on the investigation.
Article 3 (The Provision of Personal Information and Provision of Service)
When the User refuses to provide the necessary information, the Service may not be provided to such User.
Article 4 (The Provision of Personal Information To Third Parties)
The Operator will not provide Personal Information to any third party or parties without the consent of the User himself/herself, in principle. The Operator will provide Personal Information by specifying the receiving party and a description of Personal Information after obtaining the consent of the User.
The Operator may provide Personal Information without the consent of the User to the extent that it does not violate or constitute a violation of the relevant laws and regulations in cases stated hereunder:
- When the Operator has determined that the User exerts a disadvantage to a third party;
- When the provision of Personal Information is specially necessary for improving public hygiene or promoting the sound growth of children and in which it is difficult to obtain the consent of the User himself/herself;
- When the Operator is required to cooperate with the state or local governmental organizations and/or their agents to perform their duties or obligations pursuant to applicable laws and regulations, and such performance is likely to be precluded if the consent of the user needs to be obtained;
- When the Operator is required to disclose Personal Information by a court, a Public Prosecutor’s Office, and/or the police or an agency having the authority thereto;
- When the User himself/herself explicitly request the Operator to provide or disclose his/her Personal Information to a third party;
- When the disclosure or the provision of Personal Information is permitted by the applicable laws or regulations;
- When Personal Information is provided for the succession of business due to mergers and other reasons, and such Personal Information is handled within the scope of achieving the purposes before the succession.
The User hereby acknowledges that this Service involves sharing of information between the Users. Information posted by the User on the Website will be disclosed through the Service unless the User enables the non-disclosure function in the setting, as prepared by the Operator separately. Thus, information posted on the Website may be subject to search using a search engine or be reused in other websites.
Article 5 (Disclaimer of Personal Information Provision to Third Parties)
In the following cases, the Operator shall not be held responsible relating to the acquisition of Personal Information by a third party;
- Cases in which the User herself discloses Personal Information to the Partner using the function of the Service or other means (For the handling of Personal Information by the Partner, please contact the Partner directly);
- Cases in which the information entered in the Service inadvertently and/or unintentionally enables the identification of an individual;
- Cases in which Personal Information was provided by the User to an external site that is connected to the Service and such information was used.
- Cases in which a third party obtains an information that can identify a User’s identity.
Article 6 (Use of Statistical Processing Data)
The Operator may prepare statistical data based on the provided Personal Information, to which some modifications may be added to prevent an individual from being identified.
The Operator may use statistical data from which an individual cannot be identified, without limitation.
Article 7 (Change to Personal Information)
As a general rule, the User himself/herself, may request to receive a notification of the “Purpose Of Use Of Personal Information”, or for disclosure, correction, addition or deletion, suspension of use and for provision to a third party, of registered Personal Information (Herein after referred to as “Changes to Personal Information“). For the specific methods to request for Changes to Personal Information, the User may contact to the Operator through the e-mail address described below.
The Operator may not meet the request of Changes to Personal Information, in the following cases;
If there is a risk of harm to the life, body or property or other rights or interests of the User or a third party;
If there is a risk of causing significant hindrance to the proper implementation of this Service;
If such change results in the violation of other laws and regulations.
The Operator may charge the User a fee (300 yen) for a notification of the purpose of Use or disclosure of personal information.
Article 8 (Accuracy of Personal Information)
The Operator will endeavor to accurately process the data contained in Personal Information that has been provided by the User. However, the User who provides Personal Information shall be held responsible for the accuracy of such Personal Information and for keeping such information up-to-date.
Article 9 (Verification of User’s Identification)
The Operator will confirm the identification of the User when the User signs up for any of the respective web services or uses the Service, or the Operator responds to the request of disclosure, correction or deletion or suspension of use of Personal Information.
As a method of verification, personally identifiable information (name, address, telephone number, e-mail address, etc.) will be used.
The Operator shall not be held responsible for any incident(s) through which a third party obtains and uses personally identifiable information.
Article 10 (Acquisition And Use Of Attribute Information, Terminal Information, Positional Information And Behavioral History)
The Operator uses Cookie for the User’s privacy protection, the improvement of convenience, the delivery of advertisement and for the acquisition of statistical data.
The Operator uses behavioral targeting advertising services in the Service to deliver appropriate ads to the Partner and the Users.
Personal Information Management Supervisor