WOW U Terms and Conditions
This Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using all services related to "WOW U" (hereinafter referred to as "this Service") provided by EXest Inc. (hereinafter referred to as "the Company") between the Company and all users, including guides, who use this Service.
I. About the Service
1. Purpose of the Service
The purpose of the Service is to connect foreign travelers who want to experience the charm of Japan with guides who are certified tour guides or individuals deemed equivalent by the Company, to create travel plans that introduce Japan's attractions.
2. Definitions
The following terms are used in these Terms:
- "User" refers to all users of the Service, including guides and general users.
- "Activity" refers to travel plans and experiences provided by guides.
- "Activity Price" refers to the fee set by guides for their services.
- "Guide" refers to individuals who hold a tour guide certification or those deemed equivalent by the Company and provide activity services to users through the Service.
- "Tour Guide" refers to individuals holding a national certification for escorting and guiding travelers under Japan's Tour Guide Law, or equivalent qualifications from other countries. If no such qualification exists in a particular country, the Company may, at its discretion, recognize an individual’s eligibility based on their background and qualifications.
3. Agreement to the Terms
- Users must comply with these Terms when using the Service. Users cannot use the Service unless they provide irrevocable consent to these Terms.
- Minors must obtain consent from their legal guardian before using the Service. If the Service is used on behalf of a business, the business must also agree to these Terms.
- Users are deemed to have provided irrevocable consent to these Terms by actually using the Service.
4. Changes to the Terms
The Company may modify these Terms at any time without prior notice if deemed necessary. The revised Terms will take effect once posted on the Company’s website, and users are deemed to have irrevocably agreed to the changes by continuing to use the Service. Individual notifications regarding these changes will not be provided, so users should refer to the latest Terms periodically.
5. Rights to Content
- The Company retains all intellectual property rights (including copyrights, patents, utility models, designs, trademarks, and any rights related to these, including the right to register them) over all content within the Service, including text, images, videos, and programs.
- Users grant the Company a non-commercial, unrestricted, and royalty-free right to use any text, images, videos, or other content they post on the Service. Users agree not to exercise their moral rights against the Company or any designated third party.
II. User Rights and Obligations
1. Account
- Users must provide truthful, accurate, and complete information when registering for the Service and keep this information up to date.
- If registering a password, users must manage it securely to prevent unauthorized use. The Company may deem all actions performed using a registered password as those of the user.
- Registered users may delete their accounts and withdraw from the Service at any time.
- The Company may suspend or delete a user’s account without prior notice if the user is found to be in violation of these Terms or is likely to violate them.
- The Company may delete an account without prior notice if it has been inactive for more than one year.
- All user rights in the Service are terminated upon account deletion. Deleted accounts cannot be restored, even if deleted accidentally.
- User accounts are non-transferable and cannot be assigned, lent, or inherited by third parties.
2. Privacy
The Company handles users' privacy and personal information in accordance with the "WOW U Privacy Policy."
3. Service Provision
- Users must provide, at their own expense and responsibility, all necessary devices, communication tools, and electricity to use the Service.
- The Company may limit access to certain parts of the Service based on age, identity verification status, registration information, or other conditions deemed necessary.
- The Company may modify or discontinue any part of the Service at any time without prior notice.
4. Insurance
Once an activity contract is finalized, users are deemed to have joined the Company’s designated insurance policy. Insurance costs are included in the activity price. Details will be provided via email or chat after the contract is confirmed.
5. Fees
Users acknowledge that the guide’s service fee does not include the user’s own travel expenses, accommodation costs, or other personal expenses.
6. Advertisements
The Company may display advertisements from itself or third parties on the Service.
7. Prohibited Conduct
Users must not engage in the following activities when using the Service:
- Violating laws, court orders, or legally binding administrative actions.
- Engaging in conduct that disrupts public order or morality.
- Infringing intellectual property rights, privacy rights, or contractual rights of the Company or third parties.
- Posting or transmitting excessively violent, sexually explicit, discriminatory, or otherwise offensive content.
- Impersonating the Company or third parties, or intentionally spreading false information.
- Sending mass unsolicited messages (spam), unless approved by the Company.
- Exchanging content rights for cash, goods, or other economic benefits.
- Conducting commercial activities, solicitation, or advertising without Company approval.
- Providing benefits or support to anti-social organizations.
- Engaging in religious activities or solicitation.
- Illegally collecting, disclosing, or providing personal data.
- Disrupting the Service’s servers, using bots or cheats, or making excessive inquiries.
- Encouraging or assisting in any of the prohibited activities listed above.
- Engaging in any other conduct deemed inappropriate by the Company.
8. User Rights and Obligations
- Users can select activities from this website. If a user wishes to participate in an activity, they must follow the instructions provided by the company and complete the online activity booking form.
- Users shall pay the activity price to the company using the payment method specified by the company.
- The contract regarding the activity service between the guide and the user (hereinafter referred to as the "Activity Contract") is established directly between the guide and the user at the moment the guide approves the booking. The company is not a party to the Activity Contract.
9. Payment
- Users shall pay the activity price set by the guide to the company.
- The company shall pay the activity price to the guide after deducting the service usage fee.
10. Cancellation
If a user wishes to cancel the Activity Contract, they shall follow the cancellation policy separately determined by the company.
Ⅲ Guide Rights and Obligations
1. Guide Registration
- Guides shall present their self-introduction information and activity details for the services they provide on the website, following the company's instructions.
- Guides shall make reasonable efforts to respond to users within 24 hours after the user completes the booking form.
2. Guide Rights and Obligations
- Guides are responsible for determining the activity details and pricing at their own discretion.
- Guides shall not delegate any part or all of their activity services to a third party, including other guides, unless they have prior written consent from the company.
- Guides shall not provide travel accompaniment or guidance to users outside of this service if they have met the user through this service.
- If a guide violates 2.2 or 2.3, they shall pay a penalty to the company equivalent to twice the highest amount they previously offered per user, multiplied by the number of users who were scheduled to participate in the affected activity.
3. Guide-Specific Prohibited Activities
- Allowing a third party (including another guide) to participate in the activity instead of themselves. However, this is permitted with prior written consent from the company.
- Communicating with users outside of this service after using the service.
4. Guide Responsibilities
- Guides shall not change the cancellation policy or any other terms related to activity services as stipulated in these terms or specified by the company without prior approval from the company.
- In cases of force majeure (including but not limited to fire, storms, floods, earthquakes, wars, terrorism, and other natural disasters beyond the guide's reasonable control), the guide must maintain sufficient communication with users and make reasonable efforts to reschedule the activity. If an agreement is reached with the user regarding rescheduling (including date, price, and all other conditions), the guide shall promptly notify the company of the details. (If the agreed-upon new price is lower than the original price, the company shall refund the difference to the user.) If, despite these efforts, an agreement on the rescheduling terms cannot be reached, the guide may cancel the activity contract without penalty but must immediately notify the company of the cancellation. The user hereby agrees to the guide's right to cancel. In cases where there is a dispute between users regarding whether an event qualifies as force majeure, all parties shall abide by the company's judgment.
- Except as specified in 4.2, guides shall not cancel an activity contract once it has been established.
Ⅳ General Provisions
1. Disclaimer of Liability
- The company does not expressly or implicitly guarantee that this service (including its content) is free from factual or legal defects (including, but not limited to, defects, errors, or bugs related to safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, or security, as well as infringement of rights). The company is not obligated to remove such defects and provide the service to users without them.
- The company shall not be liable for any damages incurred by users arising from the use of this service. However, if the contract between the company and the user regarding this service (including these terms) qualifies as a consumer contract under the Consumer Contract Act, this disclaimer shall not apply.
- Even in the cases stipulated in the preceding paragraph, our company shall not be liable for any damages incurred by the user due to our breach of contract or tort caused by our negligence (excluding gross negligence), including damages arising from special circumstances (whether such damages were foreseeable or could have been foreseen by our company or the user). Furthermore, compensation for damages incurred by the user due to our breach of contract or tort caused by our negligence (excluding gross negligence) shall be limited to the amount received from the user in the month in which the damage occurred.
2. Communication Methods
- Notifications from the company to users regarding this service shall be made by posting in an appropriate location on the company's website or by other methods deemed appropriate by the company.
- Users shall contact the company regarding this service through the inquiry form provided in an appropriate location on the company's website or by any method designated by the company.
3. Governing Law
These terms shall be written in Japanese as the official text and governed by the laws of Japan.
4. Jurisdiction
Any disputes arising from or related to this service between the user and the company shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.