Terms of Use

Last updated:Mar 15, 2022

The terms and conditions contained herein (the "Terms and Conditions") shall apply to customers ("Customers") and Tabist Corporation ("Company") and its parent company, subsidiaries and affiliates (collectively, the "Company") in the use of the website, mobile application, and Support Center (collectively, the "Platform") connecting the Customers and the Company with respect to the services provided through the Platform (the "Services").

Please read these Terms and Conditions carefully before obtaining, using, or accessing the products or Services offered by the Company. If the Customers do not agree to these Terms and Conditions, the Customers may not use the Platform and the Services. These Terms and Conditions should be read in conjunction with any other terms and conditions applicable to the Customers’ use of the Platform and the Services.

We reserve the right to change the content of Terms and Conditions at any time. It is the Customers’ responsibility to be aware of the contents of the Terms, as updated from time to time, and the Customers’ continued use of the Platform and the Services constitutes the Customers’ acceptance of any changes to the Terms.

Table of Contents

  1. Scope of the Service2. Qualification for use
  2. How to use this Platform: Registering and using an Account
  3. Duration and Termination
  4. Terms and Conditions Applicable to Customers
  5. Usage Conditions
  6. Prohibited Items
  7. Method of Contact
  8. Links to sites provided by third parties
  9. Intellectual Property Rights
  10. Privacy
  11. Compensation
  12. Unguaranteed
  13. Limitation of Liability
  14. Modification of Terms and Conditions
  15. General Terms

1.Scope of the Service

The Company is responsible for connecting the Customers with third parties ("Channel Partners") through the Platform so that the Customers can use accommodations, which the Channel Partners manage and own, and other lodging and travel-related services in accordance with the Terms and Conditions.

2.Qualification for use

Only the Customers who are at least 18 years of age may enter into, perform, and comply with the agreement; for the Customers under 18 years of age, uses and access to the Platform is only under the involvement, guidance, and supervision of their parents or guardians and only under the registered account of their parents or guardians. If we determine that the Customers is under 18 years of age, we reserve the right to terminate the Customers’ access to the Platform and refuse to provide Services to the Customers.

3.How to use the Platform: registering and using an Account

For the provision of the Service, the Customer shall provide certain information requested by the Company and open an account (hereinafter referred to as a "Tabist Account") by means of a login ID and password (hereinafter collectively referred to as "Tabist Account Information"). The Company shall provide the Services through the Platform. The Customers are responsible for maintaining the confidentiality of the Customer’s Tabist Account Information and the Customers are responsible for all activities that occur under the Customer’s Tabist Account. The Customer is responsible for maintaining the confidentiality of Tabist account information and is responsible for all activities that occur under Tabist account. The Customers agree to (a) immediately notify the Company of any unauthorized use of Tabist Account Information or any other breach of confidentiality, and (b) exit or log out of account at the end of each session. The Company will not be liable for any loss or damage caused by the Customer's failure to comply with this provision. If the Customers suffer loss or damage to the Company or other Customers or visitors based on authorized or unauthorized use of the account as a result of the Customers’ failure to maintain the security and confidentiality of Tabist account information, the Customers may be liable for such loss or damage. We may restrict access to the Platform for unregistered Customers. When the Customer registers, please ensure that the Tabist Account Information is complete, accurate, and up-to-date. Use of another Customer's Account Information is prohibited.

4.Period and Termination

If the Customer does not wish to continue registration with Tabist, the Customer may cancel membership at any time. The Company also reserves the right to unilaterally terminate the Customer’s use of the Platform without prior notice and without liability if the Customer breaches any of the Terms and Conditions.

5.Terms and Conditions applicable to the Customer:

The Customer who may use the Service through the Platform must comply with the following terms and conditions.

A. Service Reservations

If the Customer makes a reservation for the Service through the Platform, the process may require disclosure of the Customer’s personal and confidential information. To prevent unauthorized access to the Customer’s name, address, and other confidential information, please do not use the Platform or access the Platform from a computer, telecommunication line, cell phone, or commercial establishment that is provided in Internet cafes, cyber cafes, or other computer usage services that are not equipped with security measures. Please do not access the Platform from any unsecured computer, telecommunication line, mobile phone, or commercial establishment that provides Internet café, cyber cafe, or other computer usage services. The Customers shall fully examine the contents of the Service, the appearance, facilities, interior and price of the accommodation before making a reservation on the Platform. By using the Service, the Customers agree to abide by these Terms and Conditions, including the contents of the Service. The Company will provide the Services to the Customers in accordance with the Terms and Conditions set forth herein, subject to the Customers‘ notice, confirmation, information and obligations to the Customers. Specifically, the Customers agree, acknowledge, and represent and warrant that

a. The Customers have no legal or other deficiency in (1) entering into a valid contract under applicable law and (2) making valid payment to the Companyfor the Services the Customers have ordered.

b. If the Company discovers any suspicious activity in the Customers’ account, the Company reserves the right to cancel any current and future orders related to such events without liability to the Customers.

c. For credit card transactions, the credit card making payment to the Company must be the Customers’ own card with full authority for valid use. The Company is not responsible for credit card fraud. The Customers are responsible for any unauthorized use of the card, and bear the burden of proving that the use was not unauthorized.

d. To strictly adhere to the payment procedures and terms and conditions described in these Terms and Conditions at all times when using the Platform.

e. By using the Service, the Customers are deemed to be satisfied with the content, appearance and design of the accommodations and the room rates displayed on the Platform.The Customers agree and acknowledge that all Services are provided on the Platform at the sole discretion of the Company.

B. Payment and Fees

The Customers hereby agree and acknowledge that under the Terms and Conditions of this Agreement, the Customers will pay the usage fees quoted for the Services ordered on the Platform by the payment method specified on the Platform confirming the reservation the Customers have ordered. Once the reservation is confirmed, the Company will collect the usage fee according to the payment method selected by the Customers. If the Customers are resident of a country other than Japan, the Customers may be required to pay the usage fee in advance. The Company may request additional confirmation or information from the Customers during the payment process. In such cases, the Customer undertakes to provide complete, accurate, and appropriate information. The Company uses third-party payment service providers to receive payments from the Customers. The Company is not responsible for delays or errors in settling transactions or cancelling reservations due to payment problems. While the Company works closely with third-party payment service providers, the Company does not control their systems, processes, technology, or workflow, and the Company cannot be held responsible for any malfunctions on their part.

C. Responsibility

The Customers are responsible for the Customers’ valuables and personal belongings. Neither the Company nor its employees will be liable for any damage, theft, or destruction of the Customers’ valuables or personal belongings.

6.Usage Conditions

The information, materials and Services available on the Platform may unexpectedly contain errors, typographical errors or information that is not updated, but the Company is not responsible for and is not bound by any typographical or pricing errors on the Platform. The Company reserves the right to reject or terminate any order that the Company believes to be harmful to it, or to be the result of illegal, fraudulent or misinformed ordering or misinformed use (including, but not limited to, orders that are not in compliance with the terms of this Agreement). The Company does not represent or warrant the quality, accuracy or completeness of any data, information, products or Services. With respect to the Services, the Company does not expressly represent and warrant with respect to the Platform that it is accurate, complete, legitimate, suitable, reliable, available, timely, of good quality, continuous, effective, error-free, continuously operating and functioning, fit for purpose, legitimate work product, non-infringing, free from threat of viruses, and otherwise harmless to the Services and goods are free from harm, express or implied.

The Company shall not be liable, whether in contract, tort, negligence, no-fault or otherwise, for any delay or inability to use functions not related to the Platform, or for any information, software, services, functions or related graphics available through this Platform or otherwise through use of this Platform. The Company shall not be liable for any loss or damage arising from the use of the Platform. Furthermore, the Company is not responsible for the unavailability of the Platform during periods of scheduled maintenance, or for any unexpected temporary suspension of access that may occur to the Platform for technical reasons or reasons beyond the Company’s control. When the Customers download or otherwise obtain materials or data through this Platform, the Customers do so at the Customers’ discretion and risk, and the Customers acknowledge and agree that the Customers are responsible for any damage to the Customers’ computer system or loss of data that results from the download of materials or data. The Customers acknowledge and agree that the Customers are responsible for any damage to the Customers’ computer system or loss of data that results from the downloading of materials or data. The Company assumes no responsibility for any errors or omissions in the information provided to the Customers.

The Company may access and use the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completion of a certification process, compliance with certain quality or eligibility criteria, meeting evaluation or review threshold requirements, or the Customers’ reservation and cancellation history.

Due to the nature of the Internet, the Company cannot guarantee continuous and uninterrupted availability of and access to the Platform. The Company may limit the availability of the Platform, or specific areas or features of the Platform, in terms of capacity limitations, the security or integrity of the Company's servers, or maintenance measures to implement appropriate or improved features to the Platform. The Company may improve, enhance and modify the Platform and introduce new Services from time to time.

The Company may enable features that allow the Customers to authorize other customers or certain third parties to perform certain processes affecting the Customers’ Tabist account. For example, the Company may allow the Customers to link the Customers’ own Tabist account with business so that the Customers can perform processing for those businesses, or allow the Customers, or certain third parties with appropriate authorization, to book accommodations on behalf of other Customers. These features do not require the Company to share the Customers’ credentials with third parties. The Company does not authorize third parties to request the Customers’ credentials, and the Customers may not request the credentials of other Customers.

7.Prohibited Items

In using the Platform, the Customers warrant that the Customers will not use the Platform unlawfully, without permission, or for any purpose contrary to the terms of the Agreement, and the Customers agree that authority to use the Platform will terminate immediately if the Customers breach such warranty. The Company reserves the right to block or terminate the Customers’ access to the Platform and its contents at any time, with or without notice, at the Company’s sole discretion. The Customers agree, acknowledge, confirm and warrant that the registration data and information provided or uploaded to the Platform by the Customers : a. are not false, inaccurate, misleading, or incomplete

b. are not involved in the use of unauthorized, counterfeit or stolen credit cards.

c. do not infringe on the intellectual property rights, trade secrets, or other proprietary rights, or the portrait rights or privacy rights, of any third party

d. are not slanderous, defamatory, unlawfully threatening or offensive to others.

e. do not contain viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs, or any other computer programs or executable files that may damage or detrimentally affect systems, data, or personal information, or that may be surreptitiously intercepted and ingested.

f. do not cause the Company to incur liability and cause the Company to lose all or part of the services of the Company’s Internet Service Provider or other service providers. If the Customers breach this, or the Company has reasonable grounds to suspect that the Customers have breached it, the Company reserves the right to indefinitely deny or terminate the Customer’s access to the Platform and refuse to fulfil the Customers’ request.

The Customers are prohibited from engaging in the following activities

a. create or edit, directly or indirectly, collections, compilations, databases, or directories by mechanically importing data or other content from the Platform without prior written permission from the Company.

b. misusing the Platform, such as sending one-sided e-mails or collecting usernames or e-mail addresses of users by electronic means or otherwise, for the purpose of creating user accounts by mechanical means or misrepresentation.

c. taking any action that circumvents, disables, or interferes with the security-related measures of the Platform, including measures to prevent or restrict the use or reproduction of Content, or to enforce restrictions on the use of the Platform and the Content contained on the Platform.

d. unauthorized framing and unauthorized linking to the Platform.

e. deceive or mislead the Company or other users for the purpose of obtaining sensitive account information, such as user passwords.

f. misusing the Company’s support services or making false reports of abuse or fraud.

g. using the system automatically, for example, by using scripts to send comments or messages, or by using data mining, robots, or other data collection or data extraction methods.

h. interfere with, disrupt, or unduly burden the Platform or networks or services connected to the Platform.

i. impersonating another user or another person, or attempting to use another User's username.

j. selling or otherwise transferring the profile of another User.

k. using information obtained from the Platform to attack, abuse, or harm others.

l. using the Platform as part of an effort to compete with the Company, or using the Platform and its Content for profit-making or commercial purposes.

m. deciphering, decompiling, disassembling, or reverse engineering the software upon which the Platform is built or of which it is a part of.

n. attempting to circumvent measures within the Platform that are in place to prevent or restrict access to the Platform or any portion thereof.

o. reproducing or adapting the Platform's software (including but not limited to Flash, PHP, HTML, JavaScript or other code).

p. interfering with any other user's continuous use and enjoyment of the functions of the Platform by uploading or transmitting (or attempting to upload or transmit) any virus, Trojan horse, or any other material containing capital letters or spamming (continuous sending of the same content); or Alter, impair, destroy, alter, or interfere with the use, characteristics, functions, operation, or maintenance of the Platform.

q. uploading or transmitting (or attempting to upload or transmit) anything that acts as a passive or active information collection or transmission device.

r. use, launch, develop, or distribute any automated systems, including, without limitation, spiders, robots, cheat utilities, scrapers, or offline readers that access the Platform, except as a result of using a normal search engine or Internet browserdevelop or distribute, or use or launch any unauthorized scripts or other software

s. actions that are deemed to damage, harm, or harm the reputation of the Company or the Platform.

t. Using the Platform in a manner that does not comply with applicable laws and regulations.

8.Method of Contact

When the Customers use the Platform, the Customers consent and authorize the Company to contact the Customers via electronic records and the Customers agree to receive communications from the Company via electronic records on a regular and as-needed basis. The Company may communicate with the Customers by e-mail or other electronic means. The Customers expressly agree that the Company is not responsible for any unauthorized access to or alteration of the Customers’ transmissions or data, or for the transmission or receipt of any materials or data. Furthermore, while the Company will use it’s best efforts to protect the confidentiality of the Customers‘ personally identifiable information that the Customers exchange with the Company, the Company cannot guarantee the absolute security of communications over the Internet. By using this platform, the Customers agree that the Company is not responsible for any leakage of information due to errors in transmission or reception or unauthorized acts of third parties. Without prejudice to the foregoing, the Company is not responsible for phishing attacks against the Customers. When accessing the Platform, the Customers have the option of enabling or disabling cookies. The Customers are responsible for setting browsers to enable or disable cookies.

9.Links to sites provided by third parties

The Platform may, at the Company's discretion, contain links to other Platforms owned or controlled by individuals or entities other than the Company. The Company may also provide links to other sites so that the Customers can make payments to the Company. The links are not an endorsement by the Company of such sites, and are provided for the Customers’ convenience only. The Company is not responsible for the content of or links to such sites. The Company is not responsible for the privacy practices of sites that the Company does not own, control, or oversee. The Company does not regularly review the materials posted on sites to which the Platform is linked or the Services or other services offered, and makes no representations or warranties with respect thereto, nor is the Company responsible for any deficiencies therein. The Company does not endorse any materials, Services, or other services available at such linked sites and are not responsible for the content of any linked site, the accuracy of any information contained therein, or the quality of the Services and other services offered there. The Customers’ decision whether or not to view the content of any linked site is at the Customers‘ risk and responsibility.

10.Intellectual Property Rights

The Platform and the content contained therein, including but not limited to photographs, brand strategy, text, images, designs, brand logos, audio, video, interfaces, and other information, or the overall arrangement of the content, are protected by the Company and are owned, controlled, and licensed by the Company. The same applies to any comments, feedback, ideas, suggestions, information or other content provided by the Customers ("The Company’s Intellectual Property"). The Customers may not modify, publish, reproduce, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, assemble, link to, download, repost, perform, decipher, depict, display, or in any way exploit for commercial purposes any of the Company’s Intellectual Property.

Any feedback, opinions, ideas, suggestions, information or other content provided by the Customers to the Company or to the Platform (including the Customers ‘name submitted with the content), including any rights that now exist or may hereafter accrue in such content, shall be used by the Company for any purpose. The Company has a royalty-free, perpetual, irrevocable, nonexclusive right and license to adopt, publish, reproduce, transmit, distribute, use, create derivative works from, display worldwide, or determine any form, media, or technology without the need for additional approval or compensation. The Customers waive all claims to the same or any different claims. The Customers represent and warrant that the Customers own or otherwise have all rights to the Content the Customer provides to the Platform and that use of such Content by the Company does not infringe upon the rights of any third party.

11.Privacy

Please refer to the Company’s Privacy Policy when using the Service and the Platform.

12.Compensation

Without prejudice to any remedies or legal action available to the Company under these Terms and Conditions and applicable law or otherwise, and in addition thereto, the Customer agrees to indemnify and hold the Company, our affiliates, agents and employees harmless from and against any and all losses, liabilities, damages, claims, and expenses (including attorneys' fees and incidental costs and interest thereon) based upon your use or misuse of our website, your breach of these Terms and Conditions , or any breach of any representation, warranty or undertaking made by you under or in connection with these Terms and Conditions.

13.Unguaranteed

The Services are provided by the Company on an "as is" basis, without warranty of any kind, express, implied, or statutory, including any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company does not warrant that

(1) the Platform or the Services will meet the Customers’ requirements or that the Customers use of the Platform will be uninterrupted, timely, secure, or error-free; (2) the results that may be obtained from the use of the Platform and the Services will be effective, accurate, or (3) the quality of the Platform or the Services will meet the Customers’ expectations; (4) any errors or omissions in the Platform or the Services will be corrected. No advice or information, whether oral or written, provided by the Company to the Customers or through the Customers’ use of the Platform shall create any warranty as to matters not expressly stated in the Terms of Use. The Company shall not be liable to the Customers for any interruption or delay in access to this Platform, regardless of the cause.

Furthermore, the Company and it’s channel partners are separate and independent legal entities, and the Company does not represent or act on behalf of it’s channel partners. For dispute management, refunds, cancellations, and customer support related to online payments, the Company is the first point of contact as it relates to the use of the Company’s services. If the Customers wish to request arbitration or resolution of a dispute or conflict between the Customers and a channel partner regarding an online payment, please contact the Company. Except for disputes related to the Company’s services described above, the Company will not be a party to any dispute between the Customers and its channel partners. This website may use analytical tools provided by third parties to track web page content, as well as clicks, touches, movements, scrolling, and keystroke activity.

14.Limitation of Liability

In no event shall the Company be liable for any direct, indirect, incidental, punitive, exemplary and consequential damages, including, but not limited to, damages for loss of opportunity, data or profits, or other intangible losses, arising out of or in any way connected with the use of this Platform or the information, software, services and related graphics contained within this Platform or the Services provided through this Platform, including, but not limited to, damages for loss of data or profits, or any other intangible loss, whether such damages arise in contract, tort, negligence, or otherwise, and even if the Company have been advised of the possibility of such damages.

Notwithstanding anything to the contrary in these Terms and Conditions or elsewhere, the Company’sentire liability to the Customers for any claim arising out of provision of the Services and viewing of the Platform shall be limited to the amount paid for the Services giving rise to such claim.

15.Modification of Terms and Conditions

The Company reserves the right to modify these Terms and Conditions from time to time in accordance with these Terms and Conditions.

16.General Terms

Governing Law and Jurisdiction: This Agreement and all transactions entered into through the Platform shall be governed by the laws of Japan. However, conflict of law rules shall not apply. The Customers hereby consent to the exclusive jurisdiction of the Tokyo District Court as the court of first instance for all claims and disputes arising under or relating to this Platform, the terms and conditions or transactions entered into through this Platform, or the relationship between the Customers and the Company.