Terms & Conditions
Article 1. Application of these Terms
1. These Terms shall apply to all acts engaged in by a user (“the User”) when using of the participation-service for events (“Events” include, but are not limited to, the Samurai Meetups Tour) , making an offer to participate in Events and signing an Events-participation Contract (“the Contract”) between the User and the Nonprofit Organization (NPO) SAMURAI MEEUPS ( "the NPO") through the NPO’s website (“the Website”) operated and managed by the NPO. The User shall use the Website and offer to participate in Events after agreeing to these Terms.
2. If the NPO issues warnings through the Website ("Warnings"), the Warnings shall constitute part of these Terms.
3. The NPO deems that the User has agreed to follow these Terms through the User’s use of the participation-service for events.
Article 2. Making an Offer to Participate and the Taking Effect of the Contract
1. The User shall offer to participate in the Events by inputting and sending information required by the NPO in the participation-form on the Website.
2. The Contract shall take effect when the User makes an offer in accordance with the preceding paragraph and the Website displays the notice confirming the participation.
3. In the case of the preceding paragraph, the NPO shall send a "participation-confirmation e-mail” to an e-mail address designated by the User in advance; provided, however, that, under no circumstances including cases in which the User cannot receive a "participation-confirmation e-mail" due to a reason not attributable to the NPO, such as trouble in communication situations or an error in the typing of the relevant e-mail address, shall not impact the effect of the Contract.
4. When the Contract takes effect between the NPO and the User in accordance with this Article, the User shall be deemed to have agreed to assume all obligations of the User’s including bearing the cancellation charges separately determined by the NPO.
Article 3. Summary of Contents of the Contract
1. The NPO shall manage the Events in accordance with these Terms to allow the User to participate in the Events separately determined by the NPO.
2. The User can participate in the Events separately determined by the NPO and these Terms, if the User pays Admission separately determined by the NPO (“Admission”).
Article 4. Admission Policy
1. The User acknowledges that information relating to Admission etc., provided by the Website may be different from the information provided on other media.
2. The User understands that Admission is subject to change. The Admission after change shall apply only to the User who entered into the Contract after such change, and the Admission before such change shall apply only to the User who entered into the Contract before such change.
Article 5. Taking Effect of a Change
1. The NPO may change the content of the Contract with prior prompt notice to the User if the change is required for the NPO to execute the Events safely and smoothly; provided, however, that the NPO provides notice after a change in case of emergency and an unavoidable situation.
2. The NPO may change the content of the Contract without any reason attributable to the NPO, such as weather deteriorating before or after an Event starts.
Article 6. Cancellation by the User
1. The User can cancel the Contract in accordance with conditions, such as the User’s payment of a cancellation charge separately determined by the NPO.
2. The User shall cancel in accordance with the preceding paragraph by sending an e-mail to the NPO, and the cancellation will take effect when the NPO announces the confirmation of the cancellation.
3. The User shall contact the NPO promptly and follow the NPO’s instructions if the User cannot participate in an Event on the date when the Event is scheduled.
4. If the User fails to appear on the scheduled date of the Event without any prior notice as set out above and fails to participate in the Event, the NPO shall deem such failure to be cancellation without notice and may take necessary measures (including legal measures), such as the suspension of the use of all of the services relating to the NPO, including cancellation of the User’s membership. The User must pay the cancellation charge separately determined by the NPO in the designated manner and by the designated date.
Article 7. Cancellation by the NPO
1. The NPO can cancel the Contract if:
a. The User does not fulfill the requirements designated by the NPO in advance such as sex, age and ability.
b. The User causes or may cause trouble for others or disturb the smooth execution of the Event.
c. The numbers of Users who intend to participate in an Event does not reach the minimum passenger count separately determined by the NPO.
d. Execution of an Event may risk harm due to weather forecasted for the scheduled date.
e. It is impossible or is likely to become impossible to execute an Event safely and smoothly without any reason attributable to the NPO, such as a natural disaster, war, a riot or orders by public offices.
f. The User breaches these Terms.
g. The NPO deems that the User is not appropriate to manage the Website and the Events.
2. The NPO will not be liable for damages of any kind or extent if damages occur to the Users due to the cancellation by the NPO.
Article 8. Matters to be Complied With by the Users
1. Without the prior approval of the NPO, the User shall not reproduce or transmit any information obtained by the use of the Website for any purpose other than for the User's own private use and shall not otherwise allow such information to be used by any third party in any way.
2. The User shall be responsible for performing the Contract by him/herself and shall make direct inquiries, requests, etc., to the NPO regarding the Website and the Events.
3. In addition to the preceding two paragraphs, the User shall fully understand and comply with the terms and conditions, Terms, etc. to use the Website and participate in the Events, and the User shall follow all instructions by the NPO to execute the Events safely and smoothly.
4. In using the Website and participating in the Events, User shall not:
(1) Transmit or enter any information pretending to be a third party;
(2) Use the Website other than in a manner approved in advance by the NPO;
(3) Transmit or enter any harmful computer program, etc. or transmit any spam e-mail, chain letter, junk mail, etc.;
(4) Commit any act that infringes or is likely to infringe on any copyright or other intellectual property right of the NPO or any third party;
(5) Slander, libel or defame the NPO or any third party;
(6) Disclose to others any information, document, diagram, etc., which includes any content against public order and morals;
(7) Register, whether intentionally or unintentionally, any false or defective information regarding the name, or the personal address, telephone number or e-mail address, credit card number, etc., of the User or of any person who is to use the Website;
(8) Fail to pay, for any reason, any reservation deposit, cancellation charge or Admission invoiced by NPO;
(9) Commit any act of disturbance against the NPO or any third party, such as any act of violence at an Event;
(10) Make any reservation in a way that acknowledges the User's inability to participate in the Events, such as reserving multiple Events for the same date(s).
(11) Make any reservation that is acknowledged as a reservation for resale to any other person or for commercial purposes; or
(12) Commit any other act that is in breach of, or likely to be in breach of, any applicable law or regulation.
5. If any damage is incurred by the NPO or any third party as the result of an act of the User which is categorized as any one of the acts listed above in this Article, the User shall assume full legal liability and shall hold the NPO and each such third party harmless for such damage.
6. If the NPO cancels any reservation for any or all of the Events in accordance with Article 7, the relevant User shall pay a cancellation charge regarding the Events.
7. If the User has any complaint regarding the content of the Events, the User shall communicate such complaint to the NPO immediately on the spot.
Article 9. Liability of the NPO
If any damage is incurred by the Users as a result of using the Website, participating in the Events, or both, the NPO will not be liable for any such damages except damages caused intentionally by the NPO or by its gross negligence.
Article 10. Copyright
1. Without the NPO's prior written approval, the User shall not use any content provided via the Website beyond the scope of the User's private use as set forth in the Copyright Act.
2. If there is any dispute as a result of the User's breach of any provision of this Article, the User shall be responsible for resolving any dispute at the User's own expense and shall not cause damages to the NPO or to any third party.
Article 11. Change of the Posted Events
1. The Events may be changed (including additions of tours and termination of participation; the same shall apply hereinafter) without prior notice to Users for the convenience of the NPO, and the Users agree to this in advance.
2. If the Contract has been established between a User and the NPO when the participation in the Events are changed in accordance with the provision of the preceding paragraph, the Contract shall remain in force, and the changes made to the Events shall not affect the Contract.
Article 12. Temporary Discontinuance of the Website
In any of the following circumstances, the NPO may temporarily discontinue the operation of the Website without any prior notice to the Users:
1. The Website is being maintained, or changes are made to the specifications of the Website;
2. A natural disaster or any other state of emergency has occurred or is likely to occur, which makes or will make the operation of the Website impossible; or
3. The NPO determines that the temporary discontinuance of the Website is necessary for an unavoidable reason.
Article 13. Modification of these Terms
1. The NPO may modify (including making additions or deletions; the same shall apply hereinafter) these Terms and the Warnings without any prior notice to the Users. The Users are obliged to check these Terms and the Warnings each time they use the Website and participation-services.
2. If a User uses the Website and offers to participate in the Events after any modification is made to these Terms, the Warnings, or both, the User shall be considered to have agreed to the modified Terms, the modified Warnings, or both.
Article 14. No Assignment of Rights or Obligations
No User shall assign to any third party or encumber the User’s status as a participant in the Events, or any rights or obligations arising from such status, except when such assignment or encumbrance has been approved by the NPO in writing in advance.
Article 15. Elimination of Anti-Social Forces
The User represents and undertakes that he/she does not, and will not hereafter, become involved with or a member of any of the following: an organized crime group; a member of an organized crime group; a person who has left an organized crime group within the past 5 years; a quasi-member of an organized crime group; a NPO affiliated with an organized crime group; a corporate extortionist (“sokaiya”); a racketeer advocating a social/political movement (“shakaiundo to hyobogoro”); a special intelligence organized crime group (“tokushuchinoboryokushudan”) or any other anti-social force equivalent to any of the foregoing (hereinafter collectively called “Anti-Social Forces”). The User further represents and undertakes that he/she does not and will not hereafter engage in any illegal acts including any violent act, fraudulent or threatening act, or any act of interfering with the business of another person. If the User breaches such representation, the NPO may cancel the Contract between such User and the relevant Posted Tour and may take necessary measures (including legal measures) against such User, such as suspension of the use of all of the services relating to Samurai Meetups, including the Services, disqualification from membership, cancellation of various agreements incidental to the Services, and/or demanding the payment of damages.
Article 16. Breach of Matters to be Complied With by the User
1. If the User breaches any of the matters to be complied with as set forth in the preceding Article, or the NPO otherwise determines that any act of the User is incompatible with the operation of the Website and the Events, the NPO reserves the right to compel the User to cease such act and to cancel the Contract between the User and the relevant Posted Facility, or delete the posted information, and may take necessary measures (including legal measures) against such User, such as the suspension of the use of all the services relating to the NPO, the disqualification of the membership, or demanding the payment of damages.
2. If the NPO suspects that the User is in breach of the matters to be complied with as set forth in the preceding Article, or the NPO otherwise reasonably determines that any act of the User is incompatible with the operation of the Website and the Events, the NPO may verify the details of such act with the User.
Article 17. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Japan. All disputes regarding these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.
I have read and agree to the terms and conditions detailed above.