Terms of Service (Guest)

Carstay Co. Ltd. (“CARSTAY”, "we", "us" or "our") offers the ʻCarstayʼ service, a matching platform service that provides vacationers with the Camping Vehicle. These terms of service ("Terms") stipulate the terms and conditions that govern the Member (as defined in Article 2, Item 11) in using our service. For this reason, those who are considering becoming a Member should read these Terms carefully.

1. We will provide the Site and the Service (as defined in Article 2, Item 1 and Item 2 respectively) in accordance with these Terms. The Users (as defined in Article 2. Item 12) shall access the Site and use the Service upon agreeing that these Terms will apply to all cases where the Site and/or the Service are utilized and that the User will comply with these Terms.

Therefore, if the Users disagree with any terms of these Terms, such Users shall be prohibited to use the Site and the Service and to stop accessing or browsing the Site.

In these Terms, unless the context otherwise requires, the following terms shall have the following meaning:

In addition to these Terms, we may separately set forth the rules and regulations on privacy policies, additional services, etc., (hereinafter referred to as “Separate Terms”) by posting them on the Site or by other means. In such a case, unless otherwise specified in the Separate Terms, the contents of such Separate Terms shall become a part of these Terms. In the event of any conflict between the contents of these Terms and the contents of the Separate Agreement, such Separate Terms shall prevail.

1. We may, at any time, make changes to these Terms (including changes made pursuant to Article 3 hereof, hereinafter referred to as “Change of Terms”)in cases outlined below. In such event, we shall notify the Users of such change in an appropriate manner or post the details of such changes on the Site, seven (7) days prior to the effective date of such changed Terms.

2. In addition to those provided in the preceding paragraph, we may carry out the Change of Terms with the consent of the Users. In such a case, we shall notify the Users of the change in an appropriate manner or post the details of such changes on the Site, seven (7) days prior to the effective date of such changed Terms. If the Users use the Site or the Service after the effective date of such changes, such Users shall be deemed to have agreed to the Change of Terms.

1. In the Site and the Service, we provide a platform-based service called “Vehicle Sharing Service” as stipulated in Chapter 3 hereof. This is the platform service for realizing the co-use of the Camping Vehicle among the Member based on the idea of the sharing economy by jointly paying fees such as rental fees or maintenance fees that are related to the Camping Vehicle, and by executing the Joint Use Contract stipulating the co-authorizing of and collective responsibilities for the use, maintenance, and management of the Camping Vehicle.

2. In the Site and the Service, we provide a platform-based service called “Sharing Space Service” set forth in Chapter 4 hereof. This is the platform service for matching Guest and Host to provide such Guest with comfortable mobility and great experiences.

3. In the Site and the Service, we provide a platform-based service called “Optional Services” as set forth in Chapter 5 hereof. This is the platform service for matching the Guest and the Host or the Holder to provide such Guest with comfort in addition to co-use of the Camping Vehicle. The Guest pays the Optional Services Fee to the Host or the Holder when using the Optional Services through the Service.

A person cannot be registered as the Member under the Service if such person falls in any one of the following, except otherwise permitted by CARSTAY:

1. A person who intends to become a Member 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, fill in the application form and apply to us by a method designated by us (including the provision of data such as a copy of the Driver’s License). Upon acceptance of the application by us, a person is accepted as the Member, and the Contract shall be deemed established between the person and CARSTAY with regards to the Service.

2. Where deemed otherwise necessary, we may request the person who submitted the application set forth in the preceding paragraph ("Applicant") to submit certain data and/or documents. In this event, the Applicant shall promptly submit the applicable documents in the manner specified by us.

3. The Member shall be obliged at all times to provide correct membership information and manage such information in the Member’s My Page. In the event of any change in a Guest`s membership information, the Guest shall immediately update such information in the Member's My Page. The updated content shall be valid 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 the Member to perform such obligations as set forth in the preceding paragraph.

The preparation, arrangement, purchasing, setup, maintenance and administration of the terminals and communication lines required to access the Site and use the Service shall be at the Users’ own responsibility and expense.

1. The Member 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 Member personally, the Member 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 the Member holding its ID/PW has used the Service, in the event that we have confirmed that the ID/PW matches.

3. The Member 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. The Member shall be liable for and we shall not assume any liability for any loss or damage due to inadequate control of ID/PW by the Member or use by a third party of the Member’s ID/PW.

1. When the Guest becomes a joint user of the Camping Vehicle pursuant to the preceding Article, the Guest shall follow the procedures specified by us, confirm matters listed in each item in the preceding Article, and apply for the reservation of the Camping Vehicle for individual use. If the Holder accepts such an application from the Guest, the Holder and the Guest, as joint users, shall communicate with each other in a timely manner to use such Camping Vehicle.

2. The Guest shall make a reservation for Camping Vehicle as provided for and in the preceding paragraph with the acknowledgement that the Camping Vehicle may become unavailable after making the reservation due to unavoidable circumstances such as natural disasters or under the circumstances of the Holder such as vehicle inspection or breakdown of the Camping Vehicle.

3. If the reserved Camping Vehicle becomes unavailable, the Guest shall discuss with the Holder and mutually decide an alternative solution. Further, the Guest shall immediately notify us of the unavailability of such Camping Vehicle.

1. The Guest and the Holder shall properly manage the Camping Vehicle pursuant to the Road Traffic Act and other laws and regulations. Further, the Guest and the Holder shall check the Camping Vehicle during the valid period as specified in the Joint Use Contract, not only before the use of such Camping Vehicle. If there is any failure of the Camping Vehicle, the Guest and the Holder shall cease to use such Camping Vehicle and immediately notify thereof to the other party to ensure that sharing of the Camping Vehicle is properly performed.

2. The Guest shall not allow a third party as a driver (hereinafter referred to as “Driver”) of the Camping Vehicle unless the Guest has obtained prior consent from the Holder regarding the use of the Camping Vehicle.

3. If the Guest wishes that the Driver to drive the Camping Vehicle, the Guest shall provide us with items such as the Driver’s License of the Driver separately specified by us in advance. Even when the Guest allows the Driver to drive the Camping Vehicle with the prior consent of the Holder, the Guest must inform the Driver of compliance rules in accordance with these Terms, applicable laws and regulations such as the Road Traffic Act, and other compliance rules to be followed as the Driver of the Camping Vehicle, and shall ensure that the Driver complies with them. The Guest and the Driver shall jointly and severally be liable for any damage incurred by the Holder, us, or any third party caused by the Driver’s acts.

4. If the Guest violates any laws and regulations such as parking violation while using the Camping Vehicle pursuant to the Joint Use Contract, or if any traffic accident occurs, the Guest shall immediately notify thereof to Holder and us and take actions required by laws and regulations. If the Driver is ordered to pay fines or penalties, the Driver shall immediately pay such fines or penalties and notify thereof to the Holder and us.

5. If the Holder allows a third party (including another Member) to drive the Camping Vehicle during the reserved date and time pursuant to the Joint Use Contract, the Holder shall be held responsible for such drive by a third party or another Member, and we assume no responsibility whatsoever.

1. If the Guest changes the scheduled date and time for the reserved Camping Vehicle as agreed with the Holder (hereinafter referred to as “Reservation Change”), such change shall be made in accordance with the method specified by us.

2. The Guest shall acknowledge in advance that the Guest shall pay the Holder the balance of the Sharing Fee if the Sharing Fee to be paid by the Guest becomes below the Sharing Fee already paid prior to the Reservation Change. Also, the Guest shall acknowledge in advance that the Holder will not refund the balance of the Sharing Fee to the Guest if the Sharing Fee to be paid by the Guest becomes above the Sharing Fee already paid prior to the Reservation Change.

3. If the Guest cancels the reservation for Camping Vehicle made with the Holder, the Vehicle Sharing Cancellation Fee will be charged to the Guest.

4. If the Guest does not use the reserved Camping Vehicle on the scheduled date and time as agreed with the Holder without notifying to the Holder, the reservation of such Camping Vehicle shall be deemed canceled by such Guest, and the Vehicle Sharing Cancellation Fee will be charged to such Guest in accordance with the Joint Use Contract.

5. If the Guest uses the Camping Vehicle outside the scheduled date and time or in breach of these Terms, the Guest shall pay all expenses incurred by the Holder in addition to the Penalties for Vehicle Sharing, the penalty amounted to three (3) times of the rate of the applicable hourly Sharing Fee multiplied by the number of usage hour.

6. If the Holder, at its convenience, cancels the share of the Camping Vehicle reserved by the Guest, or if the co-use of the Camping Vehicle is not feasible due to the reasons attributable to the Holder such as the Holder’s insufficient management, the Holder shall immediately notify thereof to the Guest or us.

7. When the Holder agrees to share the Camping Vehicle with the Guest, the Holder, prior to twelve (12) hours of the scheduled date and time, may cancel the reservation in accordance with the procedure prescribed by us, if the Holder anticipates that it will unable to provide the reserved Camping Vehicle to the Guest for reasons not attributable to the Holder such as weather. In such a case, the Holder shall immediately notify thereof to the Guest or us.

1. The Holder shall visually check the original copy of the Driver’s License of the Guest and the Driver and shall verify with the photo of the Driver’s License and the image of a headshot which will be to be separately sent to the Holder by us when sharing the Camping Vehicle. In addition, the Holder shall ensure that name, address, and nationality written on such Driver's License matches with the name, address, and nationality of the Guest and the Driver disclosed through the Site or the Service. Further, the Holder shall confirm the validity period and conditions of such Driver’s License of the Guest and the Driver and make sure that the Guest and the Driver have the authority to legally drive the Camping Vehicle. In such a case, the Guest and the Driver shall, upon the request from the Holder, issue a copy of the Driver’s License to the Holder or shall take a photocopy of the Driver's License.

2. If the identity of the Guest or the Driver is confirmed in the manner as prescribed in the preceding paragraph, the Camping Vehicle may be shared with the Guest and the Driver after the Guest and the Driver receive an explanation regarding compliance rules to be followed by such Guest and the Driver or an explanation regarding the Camping Vehicle from the Holder.

1. The Guest shall return the Camping Vehicle to the Holder on the date and time and at the place specified by the Holder.

2. The Guest shall evaluate the Camping Vehicle shared by the Holder in a manner specified by us after the Camping Vehicle is returned as prescribed in the preceding paragraph, and the Holder shall evaluate the Guest.

3. The Guest shall immediately inform the Holder if the Guest leaves its belongings in the Camping Vehicle. However, the Guest acknowledges in advance that the Holder shall have the right to remove any belongings or garbage left in the Camping Vehicle in the event that the Guest fails to remove its belongings or garbage from the Camping Vehicle after passing usage date and time even after being informed to do so from the Holder.

4. Notwithstanding the provisions in the preceding paragraph, we shall, at our own discretion, be entitled to cooperate with the Holder or to act on behalf of the Holder to deal with neglected Guest’s belongings or garbage on a voluntary basis.

1. If the Guest or the Driver assumes liable for damages arising out of the Joint Use Contract, such Guest or such Driver may receive benefits covered by a casualty insurance contract executed between CARSTRAY and the insurance company. The maximum benefits which are covered by the insurance are outlined below. However, such benefits will not be paid to the Guest or the Driver if such damages fall under indemnity as stipulated in the insurance contract (including the insurance policy).

2. If the Guest or the Driver is likely to receive benefits pursuant to the preceding paragraph, we shall perform insurance claim procedures to a casualty insurance company upon request from the Guest.

3. The Guest shall pay for all damages not covered by benefits and damages in excess of the amount of benefits to be paid pursuant to Article 16.1 hereof. However, the Guest and the Driver shall, pursuant to Article 12.3, jointly and severally pay for damages caused by acts of the Driver.

4. If CARSTAY pays for the damage to be borne by the Guest set forth in the preceding paragraph, the Guest shall immediately reimburse us the amount of money paid by us. In the case referred to in the proviso of the preceding paragraph, the Guest and the Driver shall jointly and severally bear liability for the payment of such damage.

5. Notwithstanding the provision of Article 51.1 hereof, if the Guest has already paid us a deductible compensation charge, we shall be liable for the payment of damage of which amount is equivalent to the amount of indemnity of the insurance amount as stipulated in Article 16.1 hereof. However, if the Guest does not pay us a deductible compensation charge then the Guest shall be liable for the payment of such damage. In such a case, the Guest and the Driver shall jointly and severally be liable for the payment of damage caused by the acts of the Driver.

6. Apart from the Contract Fee to be paid to the Holder under the Joint Use Contract, the Guest shall pay us the amount of money which is equivalent to the insurance premium as provided for and in Article 16.1 hereof.

1. CARSTAY may award Guest with points on campaign etc.(hereinafter referred to as "Vehicle Sharing Service”) 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:

A contract regarding the sharing of the Parking Spaces and/or the provision of the Hands-On Activities as posted on the Parking Spaces Page by the Host will be concluded between the Guest and the Host when the Guest applied for the use of the Parking Spaces and the Hands-On Activities in the manner prescribed by us and registered the settlement method.

If the Guest co-uses the Parking Spaces or is provided with the Hands-On Activities from the Host in the use of this Service, the contract for the provision of such Partaking Spaces and/or the Hands-On Activities shall be between the Guest and the Host, and we will not be a party to such contract.

1. The Parking Spaces reserved by the Guest through the Service set forth in this Article may be used only for vehicles owned or used by the Guest or such vehicles which have been notified in advance to us.

2. The Guest may not use the Parking Spaces for its vehicles unless the Guest has taken out a personal and property automobile third-party liability insurance (voluntary insurance, including the insurance, stipulated in Article 16 hereof).

3. The following vehicles cannot be parked in the Parking Spaces:

4. Notwithstanding the provisions of the preceding paragraph, the types of vehicles that can be parked for each Parking Spaces may vary, and we or the Host may determine the vehicles that are not allowed to be parked in the Parking Spaces. The Guest shall confirm the description of the Parking Spaces listed on the Parking Spaces Page and shall not reserve any Parking Spaces where there is a possibility that parking the Guest`s vehicle may not be possible. Even in the event, the Guest's vehicle cannot be parked in the Parking Spaces resulting from the violation of this Article; the Guest has the obligation to pay the Host the Usage Fee.

1. The usage time and days of the Parking Spaces shall be the usage time and days indicated in the respective post on the Parking Spaces Pages.

2. The Guest shall be free to park or take out its vehicle during the 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 the Guest is using the Parking Spaces during the reserved usage time.

3. The Guest shall not park its vehicle other than during the reserved usage time or if the Guest is in breach of these Terms. If the Guest uses the Parking Spaces in excess of the reserved usage time, the Host may, after notifying the police, lock the vehicle by means of a chain or similar means, or move the such vehicle to other locations.

1. The Guest and the Driver must park its vehicle on the dedicated parking lot which will be indicated by our designated parking cones at the Parking Spaces in accordance with the information that will be disclosed to the Guest after the reservation of the Parking Spaces is finalized. To avoid any damage to our designated parking cones, the 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 the Parking Spaces is blocked with fences, ropes, chains, color cones, etc., and prevent unauthorized parking, the Guest shall use the Parking Spaces in accordance with the precaution and restriction applicable to such Parking Spaces.

The Guest shall take photographs of each item listed 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 Parking Spaces. The Guest shall ensure the photographed images do not infringe on privacy rights, portrait rights, or any other rights of any third party.

The Guest shall place our designated parking cone back on the Parking Spaces when exiting the Parking Spaces.

1. The Guest acknowledges and agrees that the reserved Parking Spaces may become unavailable due to (but not limited to) unauthorized usage by any person, natural disasters, inspections of facilities or other reasons and shall make a reservation for the Parking Spaces.

2. In the event that the Parking Spaces reserved by the Guest are unavailable or our designated parking cone is not installed; the following measures shall be taken.

3. The Guest acknowledges and agrees that if we provided a substitute parking space for the Parking Spaces reserved by the Guest that become unavailable, no refund of the Usage Fee shall be made to the Guest. In the event, a substitute parking space cannot be arranged, or there are no parking spaces registered in the Service, we shall reimburse the 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 the Guest to use the reserved Parking Spaces.

1. The time and duration of the reserved Hands-On Activities shall be the time and duration indicated in the respective post on the Parking Spaces Page.

2. The Guest acknowledges and agrees that the reserved Hands-On Activities may become impossible to be provided due to the Host’s inconvenience, such as the poor physical condition of the Host, or due to reasons not attributable to the Host, such as weather etc., when making a reservation for the Hands-On Activities.

3. In the event that the Host cancels the reservation for the Hands-On Activities for reasons 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 Hands-On Activities reserved by the Guest cannot be provided, the following measures shall be taken.

5. In the event that an alternative provider of the Hands-On Activities cannot be arranged, we will reimburse the Usage Fee for the reserved Hands-On Activities.

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 the Guest to participate in the reserved Hands-On Activities.

1. If the Guest changes or cancels the scheduled date, time duration of the reserved Parking Spaces and/or Hands-On Activities (“Cancellation”), the Cancellation Fee for Spare Sharing may be charged in accordance with the following:

2. If the Guest does not use the reserved Parking Spaces and/or the Hands-On Activities without making any communication with the Host, the Guest shall be deemed to have canceled the reservation and the Cancellation Fee for Spare Sharing will accrue in full to the amount of the Usage Fee.

3. If the Guest uses the Parking Spaces outside the scheduled date and time or in breach of these Terms, the Guest shall pay all expenses incurred by the Holder due to reports on such or the use of a tow truck to move a vehicle from the Parking Spaces in addition to the Penalties for Sharing Spaces, a penalty amounted to three (3) times of the rate of the applicable hourly Usage Fee multiplied by the number of hours the vehicle parked in excess.

1. The Guest shall evaluate the Host that provided the Parking Spaces and/or the Hands-On Activities in the manner specified by us after the scheduled time of such Parking Spaces and/or Hands-On Activities.

The 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 the Host shall have the right to remove any belongings or 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 the Host requesting the Guest to remove its property or garbage, and notification to the Guest or an advance announcement by a notice board on the Parking Spaces; the Host shall have the right to allow a third-party dispose of such property or garbage.

2. Notwithstanding the provisions of the preceding paragraph, we shall, at our discretion, be entitled to cooperate with the Host or act on behalf of the Host to deal with neglected Guest`s property and garbage on a voluntary basis.

1. CARSTAY may award Guest with points on campaign etc.(hereinafter referred to as "Sharing Space Service”) 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:

Optional Services Contract shall be deemed to have been executed between the Host or the Holder (hereinafter collectively referred to as “Optional Services Provider” in this chapter) and the Guest when the Guest applies for the use of Optional Services posted on the Service in a manner specified by us and the registration of payment methods for the Optional Services is completed. In such a case, the party to the Optional Services Contract shall be the Optional Services Provider and the Guest, and CARSTAY shall not be a party to the Optional Services Contract.

1. The Holder shall verify the Guest and the Driver in accordance with Article 14.2 hereof if the Driver’s License is required for using the Optional Services.

2. If the identity of the Holder or the Driver is confirmed as prescribed in the preceding paragraph, the Optional Services may be provided to the Guest or the Driver after the Guest or the Driver receives an explanation regarding compliance rules and the Optional Services from the Holder.

1. If the Guest rents items from the Optional Services Provider in the use of the Optional Services, the Guest shall return items rented to the Optional Services Provider on the date and time and at the place specified by the Optional Services Provider.

2. The Guest shall immediately inform the Holder if the Guest leaves its property in relation to the use of the Optional Services.

1. When applying for the use of the Optional Service, the Guest acknowledges and agrees that the reserved Optional Services may become unavailable due to circumstances of the Optional Services Provider.

2. The Optional Services is provided by the Optional Services Provider, and CARSTAY makes no warranties as to the fitness for a particular purpose, expected value, product value, accuracy, usefulness, and completeness of the Optional Services.

3. CARSTAY shall not be liable for any damage or loss due to the failure of the Guest to use the reserved Optional Services and non-conformance of the Optional Services to the particular purpose of the Guest.

1. If the Guest changes or cancels the scheduled date and time of the reserved Optional Services (“Cancellation”), the Cancellation Fee for Optional Services may be charged in accordance with the following:

2. If the Guest does not use the reserved Optional Services without notifying the Host, the Guest shall be deemed to have canceled the reservation for the Optional Services and the Cancellation Fee for Optional Services will accrue in full to the amount of the Optional Services Fee.

3. If the Guest uses the Optional Services outside the scheduled date and time or in breach of these Terms, the Guest shall pay the Optional Services Provider all expenses incurred by such Optional Services Provider in addition to Penalties for Optional Services on the Guest, a penalty amounted to three (3) times of the rate of the applicable hourly Optional Services Fee multiplied by the number of hours spent for using the Optional Services.

1. The Host and the Holder shall grand CARSTAY or any person designated by us in advance the right to receive the payment of any fee and/or the Cancellation Fee to be paid to the Guest based on the Service on behalf of the Host and the Holder (hereinafter referred to as “Rights to Receive” )

2. The Host and the Holder shall agree in advance that they will comply with the terms of services separately provided by a person designated by us as set forth in the preceding paragraph.

3. The Host and the Holder acknowledge and agree that CARSTAY will refund the Service Fee in a case where the Host or the Holder is not able to provide the Service due to its circumstance but has an obligation to refund money. In the event that the Host or Holder is not able to provide the Service due to certain circumstances, the Host and Holder acknowledge that CARSTAY will refund the Service Fee to the Guest.

1. Vehicle Sharing Service

2. Space Sharing Service

3. Optional Services

4. Payment method.

CARSTAY shall appropriately manage personal information in accordance with the privacy policy separately set forth by us.

If we determine that the Input Data transmitted to the Service by the Member falls under any of the following items, we may suspend, delete, or modify all or part of the relevant Input Data without notifying the Member in advance.

2. We shall not be responsible for; (i) any loss, leakage of the Input Data provided by the Member or (ii) damage due to the use of the Input Data 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 the provision and the promotion of the Service, and the recovery or restoration of our facilities.

1. When CARSTAY deems it necessary, we may request the Member to submit information on any matter related to the use of the Service (including the details of the Joint Use Contract between joint users, the matter related to the management of the Camping Vehicle and other matters related to the status of the sharing of the Camping Vehicle) and related document thereto (including documents as a base for the setting of the Sharing Fee)

2. If we make the request set forth in the preceding paragraph to the Member, the Member shall provide us with the information and submit the document as requested by us within the period separately determined by us and in a manner specified by us. In such a case, the Member shall bear all costs related to the provision of such information and the submission of such documents.

The Member shall not, without the consent of CARSTAY, assign, pledge or otherwise create any third-party rights or positions in these Terms, such as the right to access the Site and/or receive the Service.

1. Both CARSTAY and the Member hereby express and covenant 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 the Member hereby pledge to each other that they will not perform any of the following acts.

3. In the event either CARSTAY or the Member falls under Article 40.1 hereof 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 the Member 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 the Member may immediately terminate any and all agreements concluded between us and the Member without any notice.

6. CARSTAY and the Member 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.

1. The Users acknowledge and agree that the Intellectual Property Rights of all or part of the systems and software created to provide the Service shall 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. In addition, the Users shall not use any trademarks (including service marks) owned by us without our prior consent.

2. The Users 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 Users 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 CARSTAY) 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, the Users 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

The Users shall not engage in any of the following:

1. CARSTAY may temporarily suspend the provision of the Site and the Service without prior notice to the Users, in the event of any of the following items occurring: Further, in addition to those prescribed in these Terms, if it is determined that maintenance of the Site and the Service is to be scheduled, we will notify thereof on the Site. We shall not be liable for any damage incurred to the Users or any third party caused by such discontinuation.

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 Users.

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 the Users 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.

2. In the event of any change or termination of the Site or the Service, in whole or in part, we shall notify the Users by displaying on the Site, at least three (3) months prior to 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 the Users 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.

CARSTAY may suspend the Site and the Service or take any other necessary measures without giving notice to the Users, in the event of any of the following items occur. The Users acknowledges and agrees that CARSTAY shall not be liable for any damage incurred by the Users or any other third party arising from such suspension other than provided in these Terms.

1. The Member 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 the Member shall terminate, except where the Member’s contractual relationship survives with another Member and there is an outstanding or unpaid transaction.

2. In the event that the Member withdraws its membership from the Service and the Member has a debt owed to us, the Member shall forfeit the benefit of time and shall promptly make all payments due to us.

3. Even after the Member withdraws its membership from the Service, the Member 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 and any contract.

4. The handling of information provided by the Member after withdrawal shall be governed by the provisions of Article 49 hereof.

5. If the Member wishes to continue using the Service after withdrawal, the Member must register to the Service as a new Member. The Member acknowledges and agrees that all data before its withdrawal will not be handed over after the reregistration to the Service.

1. In the event that we determine that the Users fall under any of the following items, we may cancel the membership of such Users, suspend the use of the Service, or deny access to the Site without prior notice.

2. In the event that the membership is canceled pursuant to the provisions of the preceding paragraph, the contractual relationship between CARSTAY and the Member shall terminate, and we shall not be liable for any damage incurred to the Member resulting therefrom.

1. Upon termination, we shall not return any money already received from the Member.

2. If there is any remaining debt owed to us by the Member at the time of termination, the Member shall forfeit the benefit of time and shall promptly pay in accordance with our request. In such cases, these Terms shall be applicable to the calculation of the remaining debts and credits. If it is not stipulated in these Terms, payment shall be made in accordance with our instructions.

In the event of termination of the Contract between us and the Member, we shall be entitled to delete all or part of the information and content related to the Member. The Member acknowledges that we shall not respond to any request for the provision of the Guest`s information after the termination of these Terms.

1. We do not warrant that (i)the Site and the Service will meet the particular purpose of the Users, have the expected functions, product values, accuracy, and usefulness; (ii) the Site and the Service have the expected functions or performances of the Users 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 the Users; and (iv) there will be no failure of the Site and the Service.

2. Other than provided in these Terms, we do not warrant that the information or data obtained by the Users through the Service is accurate, reliable and useful.

3. Other than provided in these Terms, we shall not be liable for any damages incurred by the Users 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 occurring 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 Users 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, the Users 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 the Usersʼ communication environment unless there is a 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 the Users and the contents of the linked sites are not the responsibility of CARSTAY.

The Users acknowledge that in accessing the linked site, it shall comply with and adhere 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 another Member or any other third party as a result of the use of the Service, we shall not be liable for any damage whatsoever, except as set forth in these Terms.

10. Notwithstanding the provisions of the preceding paragraphs, if damage occurs to the automobile owned by the Holder, which was used under a shared use contract, for reasons other than accidents, and if we are able to receive an insurance payout under the insurance contract that we separately concluded with the insurance company, we shall pay the amount equivalent to the insurance payout to the Holder only if all conditions separately set by us are met.

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 the Camping Vehicle, items relate to the Optional Services, and items loaded in the Camping Vehicle, hardware, other software, failure, etc. (that occurs directly or indirectly) incurred by the Users as a result of the Site or the Service under the Terms, nor will we be liable for any ordinary, special, extended or consequential damages, including loss of the Users’ profits and any damages based on a claim from a third party.

The total amount of any liability that we may owe to the Users for any reason under these Terms shall be the amount of money actually paid or has been paid by the Users pursuant to these Terms in the fiscal year when the first damage has occurred, or the amount of money actually paid or have been paid by the Users pursuant to the Service for a period of six (6) months prior to the occurrence of the first damage, whichever is lower.

2. Notwithstanding the provisions in the preceding paragraph, in the event that benefits are paid to the Guest or the Driver pursuant to Article 16.1 hereof, CARSTAY shall be liable for the damage arising from events that cause such benefits, to the extent that is covered by such benefits.

3. In the event that we suffer any direct or indirect damage due to the Users’ infringing these Terms, the Users shall be obliged to compensate for such damage, whether or not these Terms have been terminated.

In the event that the Users fail to full fill its payment obligation under these Terms 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.

The Guest shall at its own responsibility and expense, settle any damage caused by any third party including another Member, in the use of the Service

In the event that CARSTAY transfers its business relating to the Site and the Service, we shall be able to also transfer its Service Operation, its status, rights and all obligations under these Terms, in addition to the Users’ information and other data to the transferee, and the Users hereby agrees thereto in advance.

The provision of Articles 7.4, Article 9, Article 12.3 and Article 12.4, Article 13, Article 15.2 to Article 15.4, Article 16, Article 17.2 (4), Article 20.3, Article 24.4 Article 25.6, Article 26, Article 27.2 and Article 27.3, Article 28.5, Article 32.3, Article 33.2, Article 34 to Article 39, Article 40.2 and Article 40.6, Article 41, Article 43 to Article 45, Article 46.2 to Article 46.5, Article 47.2, Article 48 to Article 57, and any other provisions that by their nature should naturally exist shall survive the termination of these Terms.

1. If any provision of these Terms or portion thereof is found to be invalid or unenforceable under the Japanese Consumer Contract Act or any other laws or regulations (“Invalid Portion”), the remainder of these Terms shall continue in full force and effect. CARSTAY and the Member shall endeavor to provide legitimacy to the Invalid Portion, correct 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. Even if any provision of these Terms or portion thereof is determined to be invalid or unenforceable in relation to certain Users, the validity of thereof shall not be effected in Terms in relation to the Users.

These Terms and the relationship between the Users and CARSTAY shall be governed by the laws of Japan. In the event of any dispute arising in connection with the use of the Site and the Service, Tokyo Summary Court or Tokyo District Court shall be the agreed exclusive jurisdictional court of first, depending on the amount of the suit.