‘Carstay’ Terms of Service (for Guest)
Carstay Co. Ltd. (“CARSTAY”, “we”, “us” or “our”) offers the ‘Carstay’, a matching platform service that provides tourists with comfortable and exciting travel experience. These terms of service (“Terms of Service”) stipulate the terms and conditions that govern Guest (as defined in Article 2, Item iv) in using our service. For this reason, those who are considering becoming a Guest and those who have become a Guest should read these Terms of Service carefully.
Article 1 (Purpose)
1. We will provide the Site (as defined in Article 2, Item i) and the Service (as defined in Article 2, Item ii) in accordance with these Terms of Service. Member (as defined in Article 2. Item iii) shall use the Site and the Service upon agreeing that these Terms of Service will apply to all cases where the Site and/or the Service are utilized, and Member shall agree to comply with these Terms of Service. Therefore, if Member disagrees with any terms of these Terms of Service, Member shall be prohibited to use the Site and the Service and to stop accessing or browsing the Site.
Article 2 (Definition)
In these Terms of Service, unless the context otherwise requires, the following terms shall have the following meaning:
(i) “Site” means the ‘Carstay’, the matching platform service website, which is operated and provided by us.
(ii) “Service” shall mean the membership service provided by us on the Site.
(iii) “Member” shall mean a user of the Site and the Service (including Guest, Host, and website viewers).
(iv) “Guest” shall mean a member who consents to these Terms of Service and makes use of the Parking Spaces and/or Travel Experiences provided by Host through the Site or the Service.
(v) “Host” shall mean a member who solicits Guest, through the Site or the Service by posting Parking Spaces and/or Travel Experiences and provides them to the reserved Guest.
(vi) “Contract for Use” shall mean a contract between us and a Guest, executed upon the Gest’s applying for a membership registration and our acceptance of such application.
(vii) “Parking Spaces” shall mean any and all parking lots, camping lots, vacant lands and any other lands owned, used or controlled by Host and any facilities incidental thereto, including, but not limited to tents, barbecue sets and the like.
(viii) “Travel Experiences” shall mean plans that include experiences in various areas.
(ix) “Parking Spaces Page” shall mean pages in the Site where the content of the Parking Spaces and Travel Experiences are posted.
(x) “Guest Page” shall mean a page dedicated to the Guest where the membership registration information can be checked or changed.
(xi) “Usage Fee” shall mean the fee paid by Guest to us through the Site and the Service for the use of Parking Spaces and/or Travel Experiences.
(xii) “Input Data” shall mean any and all data, such as information, content, etc., transmitted, registered, or posted by a Member in connection with the Site or the Service.
(xiii) “Intellectual Property Rights” shall mean any copyright, patent right, utility model right, trademark right, design right (including the right to acquire such right or apply for registration of such right), or idea, know-how, etc.
(xiv) “Antisocial Forces” shall mean groups or individuals that pursue economic interests through the use of violence, threats and/or fraud, which include organizations, members, quasi-members and affiliated companies of crime syndicates, racketeer groups, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, and crime groups specialized in intellectual crimes.
Article 3 (Application of Separate Terms)
In addition to these Terms of Service, we may set forth separate rules and regulations on privacy policies, additional services, etc., by posting them on the Site or by other means. In such a case, unless otherwise specified in the separate agreement, the contents of such separate agreement shall become a part of these Terms of Service. In the event of any conflict between the contents of these Terms of Service and the contents of the separate agreement, the relevant separate agreement shall prevail.
Article 4 (Changes)
We may make changes to these Terms of Service without obtaining Member's consent. In this event, we shall post the details of such changes on the Site in advance. In the event that a Member uses the Site or Service after such changes, such Member shall be deemed to have agreed to the changes.
Article 5 (Objective of Site and Service)
The Site and the Service are platforms for matching Guests and Hosts to provide Guests with comfortable mobility and excitement experiences. Guests pay the Usage Fee to us when using Parking Spaces and/or Travel Experiences reserved through the Service.
Article 6 (Membership of Guest)
A user cannot be registered as a Guest under the Service if such user falls in any one of the following:
(i) It is not an individual or a legal entity. Provided, however, this shall not apply to associations or organizations without juridical personality that obtained our approval separately;
(ii) In the event that the user is an individual and either a minor, an adult ward, a non-curator, or a person under the assistance and the consent of a legal representative, guardian, curator, or assistant has not been obtained;
(iii) In the event of any falsity, error, or omission in the whole or part of the information provided to us;
(iv) In the event that the user does not own an device or an equipment to provide a picture of the vehicle and transmit the said picture to the Site;
(v) The user has been or is currently subject to a suspension of use of the Service;
(vi) In the event, the user failed to fulfill its obligation under these Terms of Service or any contract between us, or we determine that there is a possibility that the user may fail to fulfill its obligations under these Terms of Service;
(vii) In the event that we determine that the user is an Antisocial Forces or has any interaction or involvement with Antisocial Forces, such as through financial or otherwise, in maintaining, operating, or cooperating with or participating in the management of the Antisocial Forces;
(viii) In the event that the user is already registered as a Guest of the Service;
(ix) In the event that the user intends to register as a Guest for the purpose to allow a third party to use the Service; or
(x) In the event that we deem it inappropriate for the user to be registered as a Guest.
Article 7 (Membership Registration of Guest)
1. A user who intends to become a Guest must personally confirm that he or she does not fall in any of the items set forth in the preceding Article, agree to comply with these Terms of Service, fill in the application form and apply to us by a method designated by us. Upon acceptance of the application by us, a Contract for Use shall be established between the Guest and us.
2. Where deemed otherwise necessary, we may request the user who submitted the application set forth in the preceding paragraph (“Applicant”) to submit certain documents. In this event, the Applicant shall promptly submit the applicable documents.
3. Guest shall be obliged at all times to provide correct membership information and manage such information in the Guest Page. In the event of any change in a Guest's membership information, Guest shall immediately update such information in the Guest Page. The updated content shall apply from the time we approve the updated membership information and shall not have a retroactive effect.
4. We shall not be responsible for any and all damage caused by the failure of Guest to perform such obligations as set forth in the preceding paragraph.
Article 8 (Configurations)
The preparation, arrangement, purchasing, setup, and maintenance and administration of the terminals and communication lines required to utilize the Site and the Service shall be at the Member’s own responsibility and expense.
Article 9 (ID and Password)
1. Guest uses ID and passwords (“ID/PW”) when using the Site and the Service. Since the ID/PW are intended to identify the use of the Service by the Guest personally, Guest shall, at its own responsibility, manage and store the ID/PW, and shall not assign, change the name and sell the ID/PW or allow the use of the ID/PW to a third party.
2. We shall deem that a Guest holding its ID/PW has used the Service, in the event that we have confirmed that the ID/PW matches.
3. Guest shall notify us immediately and comply with our instructions if the ID/PW was stolen or became aware of any unauthorized use by a third party.
4. Guest shall be liable for and we shall not assume any liability for any loss or damage due to an inadequate control of ID/PW by the Guest or use by a third party of Guest’s ID/PW.
Article 10 (Contracts between Guest and Host)
A contract will be concluded between Guest and Host, when Guest applied in the manner prescribed by us for the provision of the Parking Spaces and/or Travel Experiences listed on the Parking Spaces Page posted by the Host, and registered the settlement method. The contract for the provision of such Partaking Spaces and/or Travel Experiences shall be between the Guest and the Host, and we will not be a party to such contract.
Article 11 (Use of Vehicles)
1. Parking lots, camps, vacant lots, and any other lands reserved by Guest through the Service (“Carstay Parking Space ”) may be used only for vehicles owned or used by Guest or such vehicles which have been notified in advance to us.
2. Guest may not use the Carstay Parking Space for its vehicles unless Guest has taken out a personal and property automobile third party liability insurance.
3. The following vehicles cannot be parked in the Carstay Parking Space:
(i) Vehicles that are not registered, vehicles for which the validity period of the vehicle inspection certificate has expired, and vehicles that violate any laws and regulations;
(ii) Vehicles that it is difficult to read the number by an automatic identification device, such as the number plate is removed or covered or the like;
(iii) Vehicles where it is difficult to identify the vehicle, such as such a vehicle that is under provisional registration;
(iv) Vehicles that may cause damage to other vehicles or the Parking Spaces
(v) Vehicles loaded with hazardous substances, hazardous pollutants, or other substances that could cause damage to the body, life, or property of a third party; or
(vi) Other vehicles that we determine to prohibit those parking.
4. Notwithstanding the provisions of the preceding paragraph, the types of vehicles that can be parked for each Carstay Parking Space may vary, and we or Host may determine such vehicle cannot be allowed to park on Carstay Parking Space. Guest shall confirm the description of the Carstay Parking Space listed on the Parking Spaces Page and shall not reserve any Carstay Parking Space where there is a possibility that parking of Guest's vehicle may not be possible. Even in the event the Guest's vehicle cannot be parked on the Carstay Parking Space resulted by the violation of this article, Guest has the obligation to pay Host the Usage Fee as prescribed in Article 21.
Article 12 (Usage Time of Parking Spaces)
1. The usage time and days of the Carstay Parking Space shall be the usage time and days indicated in the respective post on the Parking Spaces Pages.
2. Guest shall be free to park or take out its vehicle during usage time indicated in the respective post on the Parking Spaces Page. Provided, however, that even if the vehicle is not parked during the reserved usage time, it shall be deemed that Guest is using the Carstay Parking Space during the reserved usage time.
3. Guest shall not park its vehicle other than during the reserved usage time or if Guest is in breach these Terms of Service. If Guest uses the Carstay Parking Space in excess of the reserved usage time, Host may, after notifying the police, lock the vehicle by means of a chain or similar means, or move such vehicle to other locations. In such event, Guest shall pay, (i) a penalty amounted to three (3) times of the rate of the applicable hourly Usage Fee (excluding consumption tax) multiplied by the number of hours the vehicle parked in excess and (ii) any and all expenses incurred by us and/or Host including costs for notifying and moving.
Article 13 (Method of Using Parking Spaces)
1. Guest must park its vehicle on the dedicated parking lot which will be indicated by Carstay's parking cones in accordance with the information that will be disclosed to Guest after reservation of the Carstay Parking Space is finalized. To avoid any damages to Carstay's parking cones, Guest must remove the parking cone to a safe location while the vehicle is parked at the designated Parking Spaces.
2. Notwithstanding the preceding paragraph, if Carstay Parking Space is blocked with fences, ropes, chains, color cones, etc., and prevent unauthorized parking, Guest shall use the Parking Spaces in accordance with the precaution and restriction applicable to such Carstay Parking Space.
Article 14 (Confirmation of Usage)
Guest shall take photographs of the listed each item below and shall transmit the said photographed images to the Site according to the methods designated by us, before the end of the reserved usage time of the Carstay Parking Space. Guest shall ensure the photographed images do not infringe privacy rights, portrait rights, or any other rights of any third party.
(i) Pictures we can see whole of the reserved Carstay Parking Space and the vehicle used; and
(ii) Picture we can see the number plate of the vehicle used.
Article 15 (End of Usage of Parking Spaces)
Guest shall place the Carstay’s parking cone on the Carstay Parking Space when exiting the Carstay Parking Space.
Article 16 (Warranty)
1. Guest acknowledges that the reserved Carstay Parking Space may become unavailable due to (but not limited to) unauthorized usage by any person, natural disasters, inspections of facilities or other reasons.
2. In the event that the Carstay Parking Space reserved by Guest is unavailable or the Carstay's parking cones is not installed; the following measures shall be taken.
(i) Guest will promptly inform CARSTAY that the reserved Carstay Parking Space is unavailable or that the Carstay's parking cone is not installed.
(ii) We will communicate with the Guest either by electronic mail or phone call and Guest will take all steps described in such communication.
(iii) In the event that the reserved Carstay Parking Space is deemed unavailable for the reasons stated in paragraph 1, we shall make the best effort to arrange alternative parking lot within the same area of the reserved Carstay Parking Space. However, if we are unable to arrange alternative parking lot within the same area of the reserved Carstay Parking Space, we shall take all reasonable effort to arrange an alternative parking lot in other areas. If the Carstay Parking Space is available but Carstay's parking cone is not installed, we will investigate and check the parking space and will communicate with Guest accordingly.
3. Guest acknowledges that if we have provided an alternative parking lot for the unavailable Carstay Parking Space reserved by Guest, no refund of the Usage Fee shall be made to Guest. In the event, any alternative parking lot cannot be arranged, or the alternative parking lot is not registered in the Service, we shall reimburse Guest the Usage Fee.
4. Other than the warranty set forth in the preceding paragraph, CARSTAY shall not be liable for any damage or loss due to the failure of Guest to use the reserved Carstay Parking Space.
Article 17 (Travel Experiences)
1. The time and duration of the reserved Travel Experiences shall be the time and duration indicated in the respective post on the Parking Spaces Page.
2. Guest acknowledges that the reserved Travel Experiences may become impossible to be provided due to Host's inconvenience, such as the poor physical condition of Host, or due to reasons not attributable to Host, such as weather etc.
3. In the event that a Host cancels the reservation for the Travel Experiences for a reason not attributable to the Host, such as weather etc., we shall inform the Guest of that effect by email or notice on the Site and shall refund the Usage Fee.
4. Except as set forth in the preceding paragraph, in the event that the Travel Experiences reserved by the Guest cannot be provided, the following measures shall be taken.
(i) Guest will promptly inform us of the unavailability of the Travel Experiences;
(ii) We will send a ‘guide mail' to such Guest and the Guest will complete the procedures described in such mail;
(iii) The Host will arrange an alternative host to provide the Travel Experiences.
5. In the event that an alternative host cannot be arranged, we will reimburse the Usage Fee for the reserved Travel Experience.
6. Other than the warranty set forth in the preceding paragraph, CARSTAY shall not be liable for any damage or loss due to the failure of Guest to participate in the reserved Travel Experiences.
Article 18 (Modification and Cancellation)
1. If Guest modifies or cancels the scheduled date, time duration of the reserved Parking Spaces and/or Travel Experiences (“Cancellation”), a cancellation fee may be charged in accordance with the following:
(i) There is no cancellation fee if Cancelation was done by 17 o'clock two days before the scheduled date.
(ii) The full amount of Usage Fee if Cancellation is made after 17 o'clock two days before the scheduled date.
2. If Guest does not use the reserved Parking Spaces and/or the Travel Experiences without making any communication to Host, Guest shall be deemed to have canceled the reservation and a cancellation charge will accrue in full to the amount of the Usage Fee.
Article 19 (Action after Usage)
1. Guest shall evaluate Host that provided the Parking Space and/or the Travel Experiences in the manner specified by us after the scheduled time of such Parking Spaces and/or Travel Experiences.
2. Guest shall remove all property (including but not limited to its vehicle) or any garbage from the Parking Spaces at the end of the usage time. Guest acknowledges and agrees that Host shall have the right to remove any property or any garbage left on the Parking Spaces in the event that Guest does not remove its property or garbage after the usage time.
In this event, after the elapsed of one (1) month from the date of the formal demand by Host requesting Guest to remove its property or garbage, and notification to the Guest or an advance announcement by a notice board on the Parking Space; Host shall have the right to allow a third-party dispose of such property or garbage.
3. Notwithstanding the provisions of the preceding paragraph, we shall, at our discretion, be entitled to cooperate with Host or act on behalf of Host to deal with neglected Guest's property, garbage, etc. as our voluntary service.
Article 20 (Rights to Receive)
CARSTAY or any person designated by us is authorized by Host in advance the right to receive the payment of the Usage Fee to be paid to Host pursuant to the contract between Guest and Host established pursuant to Article 10 and the cancellation fee in Article 18 , on behalf of the Host.
Article 21 (Usage Fee)
1. Guest shall pay us the Usage Fee (including any penalties and overhead charges pursuant to paragraph 3 of Article 12) and the cancellation fee set forth in Article 18.
2. The payment method for the Usage Fee prescribed in the preceding paragraph shall be made by credit card through the Site or by any method separately prescribed by us.
Article 22 (Point System)
1. CARSTAY may award Guest with points on campaign etc. within the limit and pursuant to the provisions set forth in the Japanese Unjustifiable Premiums and Misleading Representations Act.
2. The points awarded shall be utilized as follows:
(i) Member may use the awarded points to pay for the Usage Fee at one (1) yen to be equaled to one (1) point through the Service. Usage of points shall be in accordance with the terms and conditions prescribed by us from time to time.
(ii) No refund of points shall be made for any reason whatsoever. In addition, points cannot be exchanged for cash or gifts. Provided, however, that this provision shall not apply where a refund is required by law.
(iii) In no event may the points be transferred to other accounts or another person.
(iv) Points shall be valid for a period of one (1) year from the date of earning such points or the date of last use of such points. The expiration date of the points will be reset and renewed when the date of last use is renewed within one (1) year from the date of last use.The date of earning of the points shall be the date of earning date of such points, including the case the point has been refunded due to Cancellation.
(v) In the event that a Guest withdrew from membership or lost membership, or membership expired for any reason, all points held by the Guest shall become null and void.
Article 23 (Personal Information)
Article 24 (Input Data)
If we determine that the Input Data transmitted to the Service by Guest falls under any of the following items, we may suspend, delete, or modify all or part of the relevant Input Data without notifying Guest in advance.
(i) violations of any laws and regulations;
(ii) false, incorrect, or misleading to a third party;
(iii) includes excessively violent or cruel expressions;
(iv) includes computer viruses and other harmful programs;
(v) includes expressions which defame the reputation of CARSTAY, the Service, another Member or any other third parties;
(vi) infringes the Intellectual Property Rights, right of portrait, right of privacy or any other right or interest of CARSTAY, the Service, another Member or any other third parties;
(vii) advertises or publicizes services that compete with the Service;
(viii) relating to entertainment and sex businesses such as girl’s bars;
(ix) includes advertising of illegal acts such as chain mail, unlimited chain courses, etc.;
(x) includes obscene expressions;
(xi) includes data intended to meet a third party who is not acquainted with it, regardless of sex or identity, or to commit indecent acts, etc.;
(xii) includes expression that promotes discrimination;
(xiii) includes expressions which encourage suicide or self-injurious behavior;
(xiv) includes expressions that facilitate the improper use of drugs;
(xv) religious acts, religious organizations, political activities, or advertising political organizations;
(xvi) includes antisocial expressions;
(xvii) requests for the spread of information to third parties, such as junk mail, spam mail, chain mail, etc.;
(xviii) includes expressions that cause discomfort to others; or
(xix) other items that we deemed inappropriate.
2. We shall not be responsible for; (i) any loss, leakage of the Input Data or (ii) damage due to use of the Input Data for other than for the purpose intended in the Site or the Service.
3. We shall not be responsible for the restoration or compensation for damages due to malicious acts of any third party of the Input Data.
4. We may store copies of the Input Data for the purpose of recovery or restoration of our facilities.
Article 25 (Prohibition of Transfer)
Guest shall not, without the consent of CARSTAY, assign, pledge or otherwise create any third-party rights or positions in these Terms of Service, such as the right to access the Site and/or receive the Service.
Article 26 (Elimination of Antisocial Forces)
1. Both CARSTAY and Guest hereby express to the other party that they, or their representatives, managers, or persons with substantial management rights, do not fall under the Antisocial Forces and agree that they will not fall under the same in the future.
2. CARSTAY and Guest hereby pledge to each other that they will not perform any of the following acts.
(i) to make a demand using violent means;
(ii) to make unreasonable demands that exceed legal liability;
(iii) to conduct threatening words or actions or use violence in connection with transactions;
(iv) to disseminate rumors, use fraudulent means or force to damage the reputation of CARSTAY or Guest, or interfere with the business of CARSTAY or Guest;
(v) to cause a third party who is an Antisocial Forces to commit any of the acts set forth in the preceding items;
(vi) to fund Antisocial Forces for whatever purpose;
(vii) conducting transactions with a third party knowing that the third party is involved in Antisocial Forces;
(viii) to conducting criminal acts or acts that violate public order and morals or the act of accessory to such acts; or
(ix) any other act equivalent to any of the preceding items.
3. In the event either CARSTAY or Guest comes under paragraph 1 of this article or commits or threatens to commit any act under any one of the items in the preceding paragraph, it shall immediately notify the other party thereof.
4. CARSTAY and Guest shall cooperate with each other in investigating whether or not there are any Antisocial Forces relationships and comply with any requests from the other party as long as they are objective and reasonable.
5. In the event that the other party breaches any of the preceding items, CARSTAY and Guest may immediately terminate any and all agreements concluded between us and Member without any notice.
6. CARSTAY and the Guest shall not be liable to compensate for any damage incurred by the other party due to the termination of the agreement pursuant to the provisions of the preceding paragraph.
Article 27 (Intellectual Property Rights of the Site and the Service)
1. Member acknowledges the Intellectual Property Rights of all or part of the systems and software created to provide the Service is exclusively belong to CARSTAY and it is protected by Japanese and international copyright laws, treaties on copyrights, and adjacent rights and other laws of Intellectual Property Rights (“Relevant Laws”). Therefore, Member shall not reproduce, modify, distribute or lend the system and software or use such system and software beyond what is permitted by these Terms of Service. In addition, Member shall not use any trademarks (including service marks) owned by us without the prior consent by us.
2. Member represents and warrants to CARSTAY that it has the lawful right to transmit or post such Input Data by entering, registering or otherwise and that the Input Data does not infringe any Intellectual Property Rights, title, portrait, reputation, privacy or any other right of any third party.
3. The copyright of the Input Data shall belong to the Member who made such transmission or posting, and we shall not acquire any copyright to such Input Data. Provided, however, that we shall have the exclusive right to use, reproduce, modify, automatically transmit to the public and make transmittable (including to be done by a third party licensed by CARSATY) the Input Data, free of charge, for an indefinite period and not limited to a region, to the extent necessary for the provision, maintenance, improvement of the Service or development of new services.
4. Pursuant to the preceding paragraph, Member agrees that it will not exercise its moral right against us and any person who succeeds or is granted the right to use from us
Article 28 (Prohibited Acts)
The Member shall not engage in any of the following:
(i) Acts that infringe these Terms of Service;
(ii) Acts that violate, may encourage to violate or may possibly violate the provisions of laws and regulations (including laws and orders as well as ordinances and regulations);
(iii) Acts that violate, may encourage to violate or may possibly violate public order, morals, or common sense;
(iv) Acts that we judged those infringe, encourage to infringe or may possibly infringe any property, honor, social reputation, privacy, portrait rights, publicity, and any other rights of CARTSAY, another Member or third party including Host;
(v) Acts of disclosing or requesting for disclosure of information that should belong to the confidentiality of CARSTAY, another Member or a third party including Host;
(vi) Falsify or removing any information that belongs to CARTSAY, another Member or third party including Host.
(vii) Acts that induces CARTSAY, another Member or third party including Host to access other websites;
(viii) Transmitting unauthorized programs to CARTSAY, another Member or third party including Host, or attempting unauthorized access to other computer systems or networks;
(ix) Decompiling, disassembling, reverse engineering or the like of the software system created by CARSTAY without authorization;
(x) Interfering with the Site or the Service or network systems associated with the Site or the Service;
(xi) Any unauthorized secondary use or reproduction of the Site which is used, diverted, resold, reproduced, transmitted, translated or modified from the Site and the Service, in whole or in part;
(xii) Any act to exploit the Site and the Service, in whole or in part, for commercial purposes, any unlimited chain course, any multi-commercial act, or any act similar thereto;
(xiii) Acts where Guest directly or indirectly deals with a Host on the information posted on the Parking Spaces Pages, without the use of the Site or the Service;
(xiv) Acts where cause inconvenience or damage to Carstay Parking Space, Host or any third party, such as parking an idling vehicle, generates noise, abandons garbage, drinks, washes cars, uses a public power or water supply without permission, camps on the place not permitted, drain, use generators, etc.;
(xv) Acts where Guest uses the Carstay Parking Space that the Guest has not reserved;
(xvi) Any and all authorized activities (including but not limited to sales activities, advertisings, fundraising activities, signature campaigns) other than parking and lodging on the Carstay Parking Space;
(xvii) Acts that interferes with the operation or use of the Site and the Service;
(xviii) Acts of election campaign or the like, or acts that inviolate the Public Offices Election Law or other similar act thereto;
(xix) Acts of writing bank account number at the place where multiple Members can view;
(xx) Acts that impersonating other Member in using the Service; or
(xxi) Any other acts that we deemed inappropriate.
Article 29 (Discontinuation)
1. CARSTAY may temporarily suspend the provision of the Site and the Service without prior notice to Member, in the event of any of the following items occurred:
(i) In the event that we determine that the provision of the Service needs to be interrupted due to system maintenance, system failure response, or other technical reasons;
(ii) In the event that a change or an extension of a function is made to the Site or the Service; or
(iii) Any other circumstances that we determine necessary to suspend or terminate.
2. In the event of the preceding paragraph, we have the right to appoint a subcontractor to conduct the maintenance and other measures.
In such cases, we shall assume all responsibilities for the selection and supervision of the subcontractor, except where such subcontractor is appointed by the Member.
3. If the maintenance of the Site or the Service is known in advance, we will make the best effort to notify Member of such maintenance on the Site.
4. In the event that any damage is caused to Member, or any other third party as a result of the discontinuation of the Site or the Service, we shall not be liable for such damage other than as set forth in the Terms of Service.
Article 30 (Change or Termination of the Site and the Service)
1. CARSTAY reserves the right to change (including version upgrades) or terminate the Site or the Service, in whole or in part, at any time. In the event any damage is caused to Member or any other third party as a result of such change or termination, we shall not be liable for such damage other than what is provided in these Terms of Service.
2. In the event of any change or termination of the Site or the Service, in whole or in part, we shall notify Member by displaying on the Site, at least three (3) months prior such change or termination. Provided, however, that in the event that we change or terminate the Site or the Service due to unavoidable circumstances such as unforeseeable circumstances, laws and regulations, or natural disasters, and the advance three (3) month notice is impossible, we shall promptly notify Member of such fact after the event.
3. In the event of any change or termination of the Site or the Service, in whole or in part, we shall not refund any Usage Fee paid for the period after the date of such change or termination.
Article 31 (Suspension of the Site and the Service due to Force Majeure)
1. CARSTAY may suspend the Site and the Service or take any other necessary measures without giving notice to Member, in the event of any of the following item occurred.
(i) Over-access or other unexpected factors that cause the system to be concentrated;
(ii) In the event that needs to ensure the security of Member is necessary;
(iii) Where the provision of all or part of the service provided by a third party is temporarily suspended or interrupted;
(iv) Where the telecommunications carrier's services are not being provided;
(v) The provision of the Service is difficult due to natural disasters, fires, power outages, or other force majeures;
(vi) When the provision of the Service is made difficult due to wars, conflicts, riots, insurrections, labor disputes, etc.;
(vii) If the Service becomes inoperable due to any law or regulation or any action based thereon; or
(viii) Any other circumstances that we determine necessary.
2. Member acknowledges that CARSTAY shall not be liable for any damage incurred by Member or any other third party arising from such suspension other than provided in these Terms of Service.
Article 32 (Withdrawal of Membership)
1. A Guest may withdraw its membership from the Service at any time in the manner as may be designated by us and then the contractual relationship between CARSTAY and Guest shall terminate, except where there is an outstanding or unpaid transaction.
2. In the event that Guest withdraws its membership form the Service and the Guest has a debt owed to us, Guest shall forfeit the benefit of time and shall promptly make all payment due to us.
3. Event after Guest withdraws its membership from the Service, the Guest shall not be relieved of any and all obligations and liabilities (including, but not limited to, damages) against us or third parties with respect to these Terms of Service and any contract.
4. The handling of information provided by the Guest after withdrawal shall be governed by the provisions of Article 35.
5. If Guest wishes to continue using the Service after withdrawal, Guest must register to the Service as a new Member. Guest acknowledges and agrees that all data before its withdrawal will not be handed over after the reregistration to the Service.
Article 33 (Cancellation of Membership)
1. In the event that we determine that Member falls under any of the following items, we may cancel the membership of such Member, suspend the use of the Service, or deny access to the Site without prior notice.
(i) In the event of a violation or a high probability of violation of laws or regulations (including laws and orders as well as ordinances and regulations) or these Terms of Service;
(ii) Where Member commits or is likely to commit a wrongful act;
(iii) Where Member provides false information when registered for the Service;
(iv) Where Member lacks the qualification of membership set forth in Article 6;
(v) Where Member causes any trouble regardless of whether in good faith, bad faith or negligence, to us, another Member or any third party;
(vi) Where Member cause inconvenience regardless of whether in good faith, bad faith or negligent, to us, another Member, or third party; or
(vii) Any other circumstances interfering operation of the Site.
(viii) Where Member failed to fulfill its obligations under these Terms of Service.
(ix) Where the location of a Member is unknown or cannot be communicated.
(x) In the event of attachment or disposition for failure to pay, declaration of bankruptcy, adjudication for commencement of curatorship, or adjudication for commencement of guardianship, brought against Member.
(xi) Where a petition for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation, is filed against Member.
(xii) Where Member is subjected to a disposition to suspend transactions with a clearinghouse or to a disposition for seizure or delinquency.
2. In the event that the membership is canceled pursuant to the provisions of the preceding paragraph, the contractual relationship between CARSTAY and Member shall terminate.
Article 34 (Settlement upon Termination of Terms of Service)
1. Upon termination, we shall not return any money already received from Guest.
2. If there is any remaining debt owed to us by Guest at the time of termination, Guest shall forfeit the benefit of time and shall promptly pay in accordance with our request. In such cases, these Terms of Service shall be applicable to the calculation of the remaining debts and credits. If it is not stipulated in these Terms of Service, payment shall be made in accordance with our instruction.
Article 35 (Data at Termination)
In the event of termination, we shall be entitled to delete all or part of the information and content related to Guest. Guest acknowledges that we shall not respond to any request for the provision of Guest's information after the termination of these Terms of Service.
Article 36 (Indemnification)
1. We do not warrant that (i)the Site and the Service will meet the particular purpose of the Member, have the expected functions, product values, accuracy, and usefulness; (ii) the Site and the Service have the expected functions or performances of the Member regardless of environments of provision or use of the Site or the Service; (iii) the use of the Site or the Service conforms to laws, regulations, or internal rules of industry associations applicable to Member; and (iv) there will be no failure of the Site and the Service.
2. Other than provided in these Terms of Service, we do not warrant that the information or data obtained by Member through the Service is accurate, reliable and useful.
3. Other than provided in these Terms of Service, we shall not be liable for any damages incurred by Member arising out of any delay, suspension, change, discontinuation, termination or registration of the Service or loss or leakage of any information or data.
4. We shall not guarantee that the content associated with the Site and the Service contains no hazardous material. Furthermore, even in the event of problems occurs with the Site and the Service, it is not guaranteed that we will repair or remove the viruses or other harmful elements. We also shall not be liable for any direct or indirect damages or losses caused by the repair or viruses or other harmful elements.
5. We shall not guarantee that the Site or the Service supports all the information terminals, and the Member shall acknowledge in advance that the Site or the Service may fail due to the upgrading of the operating system of the information terminals. We shall not guarantee that such failure will be remedied by modification of our programs in the event of such failure.
6. To be able to access the Site and use the Service, Member shall, at its own expense and responsibility, prepare, purchase, transfer, or conclude any contracts for any equipment or communication services.
We shall not be directly or indirectly liable for any damage caused by a Member's communication environment unless there is willful intention or gross negligence on our part.
7. Although the Site may be linked to sites managed and operated by third parties, such links are provided only as part of the provision of information to Member and the contents of the linked sites are not the responsibility of CARSTAY.
Member acknowledges that in accessing the linked site, it shall comply with and adherend to the usage rules of such site.
8. We shall not make any warranty with any advice, support, etc. which may be given to the Member.
9. In the event that Guest suffers damage by Host or any other third party as a result of the use of the Parking Space and/or Travel Experiences, we shall not be liable for any damage whatsoever, except as set forth in these Terms of Service.
Article 37 (Damages)
1. Except as a result of our willful misconduct or gross negligence, we will not be liable for any damage, including, but not limited to, damage to hardware, other software, failure, etc. (that occurs directly or indirectly) incurred by Member as a result of the Site or the Service under the Terms of Service, nor will we be liable for any ordinary, special, extended or consequential damages, including loss of Member's profits and any damages based on a claim from a third party.
The total amount of any liability that we may owe to Member for any reason shall be not more than the Usage Fee actually paid by Member for a period of six (6) months prior to the occurrence of the first damage.
2. In the event that we suffer any direct or indirect damage due to Member’s infringing these Terms of Service, Member shall be obliged to compensate for such damage, whether or not these Terms of Service has been terminated.
Article 38 (Late Payment)
In the event that Member fails to full fill its payment obligation under these Terms of Service by the due date designated by us, the unpaid amount shall be subject to a late payment charge at a rate of 14.6% per annum and shall be calculated on a prorated daily basis.
Article 39 (Survival)
The provision of Articles 2 to 4, Article 7, paragraph 4, Article 9, paragraphs 2 to 4, Article 12, paragraph 3, Article 13, paragraph 3, Article 16, paragraph 4, Article 17, paragraph 6, Article 18, Article 19, paragraphs 2 and 3, Article 20, Article 21, Article 23, Article 24, paragraphs 2 and 3, Article 25, Article 26, paragraph 6, Article 27, Article 28, Article 29, Article 30, paragraph 3, Article 32, paragraphs 2 to 5, Articles 34 to 43, and any other provisions that by their nature should naturally exist shall survive the termination of these Terms of Service.
Article 40 (Severability)
1. If any provision of these Terms of Service is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations (“Invalid Portion”), the remainder of these Terms of Service shall continue in full force and effect. CARSTAY and Host shall endeavor to correct or replace the Invalid Portion to the extent necessary to make the Invalid Portion enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.
2. The invalidity or unenforceability of any provision or part of the Terms of Service in relation to any Host shall not affect its validity in relation to any other Member.
Article 41 (Disputes between Member)
1. In the event of a dispute between Members using the Site or the Service, will be resolved between those Members and we shall not be involved in the dispute.
2. Guest shall, in accordance with the contract with the Host as stipulated in Article 10, at its own responsibility and expense, settle (i) any damage caused to any third-party, including Host and other Guest, in the use of the Parking Spaces and/or the Travel Experiences, or (ii) any damage incurred by Guest as result of the acts of any third party including Host and other Guest in the use of Parking Spaces and/or Travel Experiences.
Provided, however, that Guest may be compensated for damages based on the casualty insurance contract concluded between an insurance company and us, and in such cases, we will proceed to claim to the insurance company at the request of Guest.
In addition, we will disclose all or part of the contents of the above-mentioned insurance contract separately onthe Site
Article 42 (Assignment of the Site and the Service)
Member hereby agrees in advance that in the event that CARSTAY transfers its business relating to the Site and the Service, we shall be able to also transfer its title, rights and all obligations under these Terms of Service, in addition to Member's information and other data to the transferee.
Article 43 (Governing Law and Jurisdiction)
This Terms of Service shall be governed by Japanese law. In the event of any dispute arising in connection with the use of the Site and the Service, Tokyo District Court shall be the agreed exclusive jurisdictional court of first, depending on the amount of the suit.