Last Updated: 15 November 2018
1.1 These Terms of Use (“ToU”) shall apply to your use of services of “Hanna” (including services as modified where its name changes. Hereinafter referred to as “Services”) which are provided by TEIT inc. (the “Company” or “we”, as the case may be).
1.2 The Privacy Policy or other documents for the Services that we provide you (or the “User”) shall constitute an integral part of the ToU.
1.3 You agree to use the Services in accordance with the ToU, and must not use the Services before agreeing to the ToU. Your use of the Services shall constitute your acceptance of the ToU.
2.1 The agreement under the ToU between the Parties relating to use of the Services (“Agreement”) shall become effective when the User has completed registration for use of the Services and the Company has granted its approval to you; provided that the Company reserves the right to reject your application for registration for use of the Services at its absolute discretion, and is not obligated to disclose to you reasons therefore.
2.2 The User agrees to provide such information as may be designated by the Company upon registration pursuant to the foregoing, and shall promptly inform us of any change of such information after the Agreement becomes effective. Under no circumstances, shall the Company be liable to you for loss or damage arising from or in connection with failure by you to do so.
3.1 The Company reserves the right to modify the ToU (in particular, tariffs as provided in Article 5.2 hereof. The same shall apply hereinafter.) at any time at its absolute discretion. Unless otherwise specifically provided by the Company, the modified ToU shall become binding and effective when the same shall be posted on our website (found at https://static.hanna-travel.com/ or other domain name if the same is modified for any reason. Hereinafter referred to as “Website”.).
3.2 Your continued use of the Services after the ToU is modified shall constitute your acceptance of the ToU so modified.
4.1 You agree to promptly respond to our requests, such as providing materials or information necessary for us to provide you with the Services hereunder, failing which we shall be in no event liable to you for delay or non-performance of the Services.
4.2 You agree that it is your responsibility to bear the costs and expenses of the facilities, equipment and software, and access charges needed for use of the Services.
5.1 The Services hereunder shall be provided free of charge, except for charged services.
5.2 The User agrees to pay a service charge for charged services when using the Services, details of which (e.g. description, charges, and payment terms) are subject to tariffs stipulated by the Company. All banking fees and relevant charges shall be borne by User.
5.3 In the event that the User fails to pay fees as provided in the foregoing, the User shall pay to the Company interest calculated from day to day at the rate of fourteen point six per cent (14.6%) per annum on the outstanding sum from the day appointed for the payment thereof until all the outstanding sum is paid in full.
In using the Services, the User shall not be engaged in, induce or arrange:
violation of laws and regulations, circulations, guidance, or guidelines applicable to you;
posting or transmitting false information to the Services;
acts which infringe the rights of the Company, other users or third parties;
posting programs that may destruct or interfere with software, hardware or other functions to be used by other users;
destroying or interfering with the Company’s servers or network;
interfering with the Services;
gathering or accumulating information pertinent to other users, except as required for using the Services;
using the Services for any purpose other than providing the intended services hereunder in light of the purport of the Services;
providing benefits, directly or indirectly, to a crime syndicate, crime syndicate members, crime syndicate quasi-members, crime syndicate related companies, a corporate racketeer, forces disguising themselves as social or political movements, special intellectual violent organizations, or other similar person (“Anti-social Forces”);
reverse-assembling, reverse-compiling, reverse-engineering, reproduction, modification or alteration of the Services;
use by minors of the Services except with its legal representative’s consent;
disguising itself as the Company or third parties; and
other acts that the Company may deem inappropriate or unsuitable.
7.1 The Company may at its sole and absolute discretion terminate the Services by giving prior notice to you in a manner as the Company may think fit.
7.2 The Company shall be entitled to suspend, wholly or partially, the Services on a temporal basis, without notifying you, in the event that:
necessary maintenance work is needed to be done on a regular/emergency basis for the Services;
excessive access or other unanticipated factors imposed an unreasonable or disproportionately large load on the infrastructure of the Service;
it is necessary for us to ensure the User’s security;
curtailment of carrier (i.e. electric communication provider) services occurs;
it is difficult to provide you with the Services due to acts of God, amendment to laws and regulations, or other events of Force Majeure; and
in addition to the foregoing, other similar events occur, as determined by the Company.
7.3 UNDER NO CIRCUMSTANCES, SHALL THE COMPANY BE LIABLE TO YOU FOR LOSS OR DAMAGE INCURRED BY YOU ARISING FROM THE COMPANY’S ACTION TAKEN PURSUANT TO THIS ARTICLE 7.
8.1 The Services are subject to change in contents or specification without notifying you. You hereby accept and are satisfied with such changes.
9.1 You agree that the Services may be performed, wholly or partially, by third parties, at the sole discretion of the Company.
10.1 You agree that all intellectual property rights, including, but not limited to, patents, copyrights, design rights, petty patents and trademarks, are expressly reserved by the Company or its licensor, and licensing of the Services pursuant to the Agreement shall not be construed as granting to you any intellectual property rights, except for the sole purpose of use of the Services.
10.2 The User hereby grants to the Company a license to use (i.e. for analysis and statistical purpose) data pertinent to the User gathered in the course of performing the Services (“User Data”) in order to enhance and improve functions in the system for the Services; provided that all personal data shall be subject to Article 14.
11.1 YOU AGREE THAT THE SERVICES ARE PROVIDED “AS IS”, AND FUNCTIONS IN THE SERVICES ARE LIMITED TO THOSE WHICH ARE AVAILABLE AT THE TIME OF PROVISION THEREOF. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR OTHER COMMITMENT REGARDING THE SERVICES, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATING TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED FUNCTIONS AND THE RESULTS, THE SERVICES BEING FREE OF ERROR, AND THE RESULTS OF USE OF THE SERVICES.
11.2 The Services shall search information on Internet on behalf of you, and any contents may be indicated on the screen. We do not have any right or license to some of the contents indicated as a result of the searching. YOU UNDERSTAND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR SUCH CONTENTS WHICH WE ARE NOT LICENSED TO.
11.3 You shall backup your data at your cost and responsibility. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY BE LIABLE FOR LOSS OR DAMAGE OF DATA IN USING THE SERVICES, FOR ANY REASON WHATSOEVER.
11.4 You agree to defend, indemnify, and hold harmless the Company from and against loss or damage incurred by the Company in connection with any disputes raised between you and third parties relating to the Services.
11.5 The User shall at its cost and responsibility confirm as to whether or not your use of the Services is in contravention of the applicable laws and regulations, circulations, guidance, guidelines, or industry rules. The Company makes no warranty in respect thereof.
11.6 THE COMPANY SHALL NOT BE LIABLE FOR LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THE SERVICES, UNLESS CAUSED BY WILLFUL CONDUCT OR GROSS NEGLIGENCE ON THE PART OF THE COMPANY. IN ANY CASE, THE ENTIRE LIABILITY OF THE COMPANY ARISING OUT OF THE SERVICE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION (OR 1,000 YEN AS A MINIMUM IF NO AMOUNTS ARE ACTUALLY PAID BY YOU FOR THE SERVICE DURING SUCH THREE (3) MONTHS), AND OTHER LOSS OR DAMAGE IS HEREBY EXCLUDED.
12.1 The Services may be affiliated with any service that is operated by third parties other than the Company (“Third Parties Service”). However, the Company does not provide any warranty or endorsement that such affiliation shall continue to exist perpetually.
12.2 You agree to use the Third Parties Services at your risk and responsibility, and the Company shall be in no event liable for claims, loss or damage incurred by you in connection therewith.
12.3 Your use of the Third Parties Services shall be subject to the terms and conditions or contract applicable to you and such Third Parties Service provider, and you shall carefully read and understand them and abide by the terms contained therein on your own responsibility.
13.1 You shall not use information provided by us in connection with these ToU (“Confidential Information”) for any purpose other than using and providing the Services hereunder, nor shall disclose or leak to any third parties, except with our consent.
13.2 Notwithstanding the foregoing, Confidential Information shall not be deemed confidential with respect to any such information, which;
is in the public domain at the time of disclosure or at the time it was communicated to the Receiving Party;
entered the public domain subsequent to disclosure or subsequent to the time it was communicated to the Receiving Party by the Disclosing Party through no fault of the Receiving Party;
the Receiving Party already holds at the time of disclosure or at the time it was communicated to the Receiving Party;
the Receiving Party lawfully receives from a third party entitled to possession of such Confidential Information; and
is independently created or developed by the Receiving Party without the use of any such Confidential Information.
13.3 Notwithstanding the 1st paragraph of this Article 13, the User shall be entitled to disclose such Confidential Information which is required to be disclosed by any applicable law or regulation, or any court of competent jurisdiction or any competent governmental body.
14.1 You hereby agree that the Company shall be entitled to use your personal information provided by you in accordance with our Privacy Policy.
15.1 Notices required or permitted in connection with the Services shall be sent by posting on our Website, or via email or documents addressed to registered email addresses or physical addresses, or other methods as we may think fit.
15.2 All notices sent by the methods as specified in the foregoing shall be deemed given, (i) at the time when the contents of the notices are posted on our Website in case of the former, and (ii) upon transmission by us of email or document in case of the latter.
16.1 The Agreement shall become effective on the Effective Date pursuant to Article 2.1, and shall continue in full force and effect until the Services are terminated.
17.1 If the User becomes subject to any one of the following events, the Company may immediately terminate this Agreement by giving notice to the User.
the User fails to pay fees as provided in Article 5.2 hereof, or commits an act as specified in Article 6 hereof;
in addition to the foregoing, the User is in breach of any of the provisions of the ToU, and has failed to remedy such breach within a reasonable time after receipt of notice to do so;
the User is subject to a provisional or permanent attachment, interim order, or process for the recovery of taxes in arrears, or compulsory execution;
the User files, or is subject to, a petition for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation;
the User resolves to dissolution (excluding amalgamation or merger), or assigns all or substantially all of its assets;
notes, bills or cheques of the User are dishonored or when the User suspends payments of its debts;
the User is ordered to cancel or suspend business license by the authorities;
the Company cannot contact you at your registered phone number or email address, or notice by mail cannot be delivered to the User;
your statement made to us upon application is found to be false or misleading; and
in addition to the foregoing, the Company determines that it is inappropriate for us to continue providing you with the Services.
17.2 The Parties agree that in addition to the foregoing, either party may terminate the Agreement by canceling registration in the manner as designated by the Company.
The provisions of Article 2.2, 4.3 to 4.5, 5, 7.3, 10 to 14, 18.3, and 19 to 22, shall survive the termination of the Agreement.
This Article 20 shall only apply to a User who uses the Services on any OS or device provided by Apple Inc. (“Apple”). To the extent of any inconsistency between this Article 20 and other provisions contained herein, this Article 20 shall prevail.
20.1 Apple shall not be liable for claims raised by you or third parties relating to your use of the Services hereunder, including, but not limited to:
product liability claims;
claims that the Services do not meet User’s expectation, or the requirements under laws, rules or regulations;
claims under the Consumer Protection Act or other similar laws; and
claims raised by User or third parties that the Services or User’s use of the Services infringe the User’s or third parties’ intellectual property rights.
20.2 The Company shall grant to you a non-exclusive and non-assignable license to use or download the Services solely for personal and non-commercial purposes pursuant to the terms of use stipulated by Apple.
20.3 The User agrees and acknowledges that Apple is not obligated to provide any service of maintenance or support of any nature for the Services.
20.4 Your exclusive remedy, and our entire liability, for loss or damage arising from or in connection with the Services shall be refund of fees, and to the maximum extent permitted by laws, Apple shall not be liable to pay compensation.
20.5 The Company shall be notified of any product liability claims, or other claims by reasons of a violation of applicable laws and regulations or a violation of the Consumer Protection Act or other relevant laws and regulations, in relation to the Services or the User’s use of the Services, in which event you hereby waive and release Apple from all claims against Apple.
20.6 The Company shall be notified of any claims that the Services or User’s use of the Services violate or infringe any intellectual property rights of third parties, in which event you hereby waive and release Apple from all claims against Apple.
20.7 The User represents and warrants that it shall not reside in any U.S.-embargoed countries or other countries located on Terrorists List, nor shall not appear on any of the debarred or restricted parties lists, administered by the United States Government.
20.8 You acknowledge and agree that Apple and companies of which Apple is the parent shall be third party beneficiaries to these ToU and that by accepting these ToU, you shall accept or be deemed to accept that Apple shall have the right to enforce these ToU as a third party beneficiary.
21.1 The User shall not assign, transfer, encumber, or otherwise dispose of the Agreement or its rights and duties hereunder to third parties, without prior consent of the Company.
21.2 The User hereby agrees that in the event of transfer to third parties of the Company’s business pertinent to the Services, the Company shall be entitled to transfer to an assignee of that business the Agreement or its rights and duties hereunder, and all information relating to the User.
22.1 These ToU shall be governed by and construed and enforced in accordance with the laws of Japan.
22.2 All disputes arising out of these ToU shall be solely justiciable in the Tokyo District Court, as the agreed-upon court of first instance.