- These terms ("Terms") govern the use of the Reservation Service ("Service") provided by Agex Communications Inc. ("Agex") between the user of the Service and Agex.
- Please agree to the Terms to use Service.
- The "Sharing Kyoto Terms of Service" ("Site Terms") established by Agex shall apply for items not defined in Terms. Site Terms shall take precedence over Terms in the event that the conditions contained in the two differ.
- (1) "Site" refers to the website "Sharing Kyoto" operated by Agex with the domain "https://sharing-kyoto.com/."
- (This includes the Site post-change if for any reason the domain or contents of the Site changes.)
- (2) "Store Article(s)" refers to the information of restaurants and other stores published on Site.
- (3) "User(s)" refers to individuals who have registered as a Premium Member and use the Site.
- (4) "Store(s), etc." refers to the stores and other businesses belonging to Agex’s business partners.
- (5) “Reservation Service” refers to the service wherein Agex mediates contracts between User and Stores, etc., in order for User to receive the services provided by Stores, etc. as displayed on the Site.
- (6) "Reservation Date and Time" refers to the date and time when User—whose reservation of a Store etc. has been confirmed or whose reservation details have been successfully changed following the confirmation of their reservation—is scheduled to visit the Store etc.
- (7) “Business Days” refers to the days in which Agex operates. In general, this includes weekdays and excludes weekends and Japanese public holidays.
- In addition to the above, non-Business Days may include summer holidays and New Year holidays.
- See Agex’s business day calendar for more details.
2. SERVICE DETAILS
- (1) Service provides the following services to User:
- 1. Making reservations at Stores etc. on behalf of User.
- 2. Providing information such as that regarding allergies or requests to Stores, etc. on behalf of User.
- (2) Service mediates a contract between User and Stores, etc., and does not guarantee successful reservations at the desired Store, etc.
- (3) Agex shall not be liable for any loss or damages incurred by User due to actions taken by Agex based on the preceding paragraph.
3. CONTRACT WITH STORES, ETC.
- (1) Through Service, Agex shall establish a contract that concerns the direct reservation of a Store, etc. between User and the Store, etc. Agex is not the contracting party.
- (2) When a reservation is made via Service, User shall arrive at the Store, etc. by the Reservation Date and Time, receive the service(s) offered by Store, etc. as per the conditions established at the time of reservation, and pay any incurred costs at Store, etc.
- (3) Agex posses no obligation to supervise the content or methods of services provided by Stores, etc. In accordance, Agex bears no responsibility for any issues or disputes that may arise at Stores, etc. regarding the quality of service.
4. NOTIFYING USERS
- Agex shall notify Users regarding Terms and items related to Terms via methods specified by Agex, such as e-mail (including SMS, etc.), telephone, and notices on the Site, etc.
5. USING SERVICE
- (1) Only Premium Members (paid members) can use this Service.
- (2) While reservations through this Service are being made at a Store, etc., User cannot cancel their Basic or Premium Membership.
- If User wishes to cancel their membership, all reservations of Stores, etc. are required to be canceled first.
- (3) This Service is to be used at the volition and culpability of User.
6. DISPLAYING OF STORE ARTICLES
- (1) Stores, etc. for which Service is available are indicated as such in their respective Store Article.
- (2) Agex creates Store Articles based on information provided by Stores, etc., so content is subject to changes daily.
- (3) Agex manages and corrects Store Articles to an extent which is reasonable. However, the accuracy, up-to-dateness, usefulness, etc. of the content of Store Articles is not guaranteed.
7. SERVICE APPLICATIONS
- (1) Users who wish to make a reservation at a Store, etc. must enter the required information on the designated Reservation Service Application (Application) form on Site and submit it via the method prescribed by Agex.
- (2) Upon receiving an Application in line with the preceding paragraph, Agex will notify the User who applied for Service regarding the received Application. An instant notification will be sent via e-mail.
- (3) In the event that Agex does not contact User within three business days of an Application being submitted, User shall make an inquiry via the Site's "Contact" page or to the e-mail address contained in the automated e-mail response sent at the time of Application being received.
- (4) Applications must be made by 17:00 (Japan Standard Time) three business days prior to the scheduled reservation date.
- (5) When submitting an Application, the date and time of the desired reservation shall be entered in Japan Standard Time.
- (6) Two or more reservations for Stores, etc. cannot be made for the same date and time.
- (7) Inquiries regarding Applications must be made in Japanese, English, or Traditional Chinese. Responses will not be made to inquiries in other languages.
- (8) User can check the status of Applications from the “Reservation Request History” page.
- (9) In order to complete the reservation of a desired Store, etc., Agex may contact individual Users directly.
- Upon being contacted, User shall personally undertake all necessary procedures instructed by Agex.
8. SUCCESSFUL RESERVATIONS
- (1) After accepting an Application from User, Agex will confirm the availability of the desired Store, etc. based on the Reservation Date and Time, party size, specific requests, etc. entered at the time of Application.
- When a reservation has been successfully made with a Store, etc., Agex will send User an e-mail stating that the reservation has been confirmed ("Confirmation E-mail").
- Furthermore, if Stores, etc. have any rules, User will be notified of the details.
- The use and management of the details contained within the e-mail sent to User by Agex regarding reservations, etc. are to be the responsibility of User.
- (2) In the event that a reservation has been successfully made, User's name, e-mail address, telephone number (and information on accommodation if such information has been provided) will be shared with the reserved Store, etc.
- (3) Requests regarding allergies may not be fulfilled even in the event that a reservation of a Store, etc. has been successful.
- (4) User is to understand in advance that the details of a reservation may change or be canceled for reasons owing to the circumstances of the Store, etc. after a reservation at the desired Store, etc. has been successfully made.
- In such an event, the Store, etc. will contact User directly.
- (5) Agex may contact Users on behalf of Stores, etc. after a reservation has successfully been made.
- Please note that if Agex specifies additional necessary actions, User will be required to complete them by the date and time specified, or the successful reservation may be canceled.
- (6) Successful reservations may be canceled if communication is unable to be made with User, or there is a mistake in User's contact information.
9. UNSUCCESSFUL RESERVATIONS
- (1) Reservation will not be made when any of the following apply:
- 1. There is a mistake in the e-mail address registered on the Site by User, and Agex is unable to make contact.
- 2. There has been notice from the Store, etc. that the reservation cannot be made.
- 3. User's reservation of one Store, etc. overlaps with the User's reservations of another Store, etc.
- 4. Agex has determined that it would be difficult to fulfill a reservation for other reasons.
- (2) In the event that Agex is unsuccessful in making a reservation with a Store, etc. in line with the wishes of User, User will be notified via e-mail that the reservation was unsuccessful, and the results on the Application will be displayed on User's "Reservation Request History" page.
- (3) Agex shall not be liable for any loss or damages incurred by User due to unsuccessful reservations through this Service.
10. RESERVATION CHANGES
- (1) If User wishes to change the details of their reservation through Agex after the reservation has been made, they must reply to the Confirmation E-mail by 17:00 (Japan Standard Time) three business days before the reservation date.
- (2) If User wishes to change a reservation after 17:00 (Japan Standard Time) three business days prior to the reservation date, they must contact the relevant Store, etc. directly.
- (3) Requested changes to confirmed reservations by User shall be completed when:
- 1. User applies for a change to their reservation under Paragraph 1 of this Article, Agex notifies and gains consent from the relevant Store, etc. regarding the change, and User is contacted regarding the successful change.
- 2. User contacts a Store, etc. directly, requests a change and is informed by the Store, etc. of the acceptance of the requested change.
- (4) If User is informed by Agex or the Store, etc. that a change to their reservation is unable to be made, User shall accept the details of the original reservation or cancel the reservation.
11. RESERVATION CANCELLATIONS
- (1) If User wishes to cancel a reservation through Agex after the reservation has been confirmed, they must do so in a response e-mail to the Confirmation E-mail by 17:00 (Japan Standard Time) three business days before the reservation date or submit a cancellation via the cancellation button on the "Reservation Request History" page.
- (2) If User wishes to cancel a reservation after 17:00 (Japan Standard Time) three business days prior to the reservation date, they must contact the relevant Store, etc. directly.
- (3) Cancellations requested by User of confirmed reservations shall be completed when:
- 1. User applies for a cancellation to their reservation under Paragraph 1 of this Article, Agex notifies and gains consent from the relevant Store, etc. regarding the cancellation, and User is contacted regarding the successful cancellation.
- 2. User contacts a Store, etc. directly, requests a cancellation and is informed by the Store, etc. of the acceptance of the requested cancellation.
- (4) If User does not arrive at the Store, etc. within 30 minutes of the scheduled time, the reservation will be canceled.
- If User wishes to visit the Store, etc. thereafter, all negotiations with the Store, etc. shall be directly undertaken by User.
- (5) When User cancels a reservation or is deemed to have canceled according to the provisions of the preceding paragraph, and is requested to pay a cancellation fee, penalty fee, etc. in line with the rules of the Store, etc., the responsibility of the relevant payment and all expenses shall be borne by User. Agex shall involve itself in any way.
- (6) If User fails to appear at the Store, etc. at the Reservation Date and Time without prior notice, Agex and the Store, etc. will deem the User to have canceled without permission and reserves the right to take the necessary measures (payment of fees to the Store, etc., suspension of the use of some services, revoking Site membership, legal measures, etc.).
12. REFUSAL OF SERVICE
- (1) Agex will refuse the use of Service when any of the following apply:
- 1. There is reason to believe that User may violate these Terms.
- 2. User has entered false information in the application for Service.
- 3. There is a risk that User may use Service illegally or in a manner that clearly deviates from public decency, morals, and standards.
- 4. There is a risk that User will use Service in a manner that may damage the credibility of Agex or Service.
- 5. When Agex determines that Service cannot be provided for any other reason.
- (2) Agex shall not be liable for any loss or damages incurred by User due to the refusal of the use of Service.
13. PAYMENT TO STORES, ETC.
- All payments of charges incurred at Stores, etc. through this Service are to be paid directly to the relevant Store, etc.
- Payment methods vary between reservable Stores, etc. User is requested to check the payment methods displayed on the Site before applying for Service.
14. CHANGES TO USER INFORMATION
- (1) Users shall notify Agex immediately if there have been any changes to the information entered in the necessary items section of Application or to any other information provided to Agex.
- (2) Agex shall not be liable if User becomes unable to use Service or encounters issues in the use of Service as a result of User failing to notify Agex about changes to user information.
15. HANDLING OF PERSONAL INFORMATION
- Agex will obtain information (including but not limited to registered information) necessary for providing Service from User.
- (1) Agex does not assure the successful establishment of reservations between User and Stores, etc. through this Service.
- (2) Agex is not obligated to investigate the business hours, service details, or other business conditions of a Store, etc.
- (3) Agex is scrupulous about the contents of this Service; however, the accuracy, up-to-dateness, usefulness, or any other matter regarding this Service is not guaranteed.
- (4) Agex shall not be liable for any issues that may arise between User, Stores, etc. or additional third parties related to or caused by the presence or absence of a Store, etc.'s service(s) or its contents at the Reservation Date and Time. All resolutions are the responsibility of the parties involved.
- (5) Agex shall not be liable for any loss or damages incurred by User in connection with the services of Stores, etc.
- (6) Agex endeavors to securely save the data of reservation details received through this Service from User. However, there is the possibility that data may be lost due to external server failures or other reasons.
- All data protection measures, including backups, are to be undertaken at the risk and expense of User.
- Agex shall not be responsible for the loss, damage, or disappearance of any data.
17. SERVICE CANCELLATION
- (1) In the event that any of the following apply to User, Agex will take the measures judged necessary, including immediately suspending the use of Service, canceling the Service contract, and revoking Membership.
- 1. User has used Service illegally or in a manner that clearly deviates from public decency, morals, and standards.
- 2. User has been violent, threatening, has blackmailed, made intimidating and unreasonable demands, made demands for borne costs that exceed rationale limits, or seen to have done any of the proceeding actions in the past, towards Agex or Stores, etc.
- 3. User has used Service in a manner that directly or indirectly seriously obstructs other Users of Service.
- 4. User has violated the User obligations set forth in Terms and Site Terms.
- 5. Agex has determined that there are unavoidable reasons to suspend the use of Service, cancel the Service contract, or revoke membership.
- (2) If Agex suspends Service, cancels the Service contract or revokes membership, etc. according to the provisions of the preceding paragraph, Agex shall notify User in advance of the reason and date of suspension, etc.
- However, if Agex determines the situation to be urgent or unavoidable, it will immediately suspend Service, cancel the Service contract or revoke membership, etc. without notice.
18. COMPENSATION FOR DAMAGES
- (1) User shall compensate Agex (including attorney's fees) for any damages incurred due to the breach of Terms or any other reasons attributable to User.
- (2) Agex shall not be responsible for any loss or damage incurred (including indirect loss or loss of profits) by User due to Agex violating the obligations stipulated in Terms, provided, however, that this shall not apply to any loss or damage related to or arising from Agex's gross negligence or willful misconduct.
- In addition, in the event that Agex is liable for loss or damages, Agex shall be liable only for general damages directly incurred by User as a result of Agex violating its obligations.
19. APPLICATION OF SITE TERMS
Items not defined in these Terms shall be governed by Site Terms. Site Terms shall take precedence over Terms in the case that the conditions contained in the two differ.
Lasted Updated: April 1, 2020