This Terms of Service (Subscription Agreement) applies to the entire relationship between you and Okinawa Excursions Co., Ltd. ("Company") regarding the provision of Signal Web Alert (the "Service") (the "Agreement"). In the event that the Service is provided to you by one of our sales agents, this Agreement shall also apply to all relationships between you and our sales agent with respect to the provision of the Service.
Article 1 (Scope of Application)
This Agreement applies to the use of the Service provided by the Company to the User. When users apply for the Service, they shall do so after accepting these Terms.
Article 2 (Definition of Service)
The Service is a cloud service provided by Okinawa Excursions Co., Ltd.
Article 3 (Provision of Service)
In accordance with the laws and regulations applicable to the Service, the Company shall provide the Service in accordance with the following items.
The Company shall make commercially reasonable efforts to provide the Service 24 hours a day, 7 days a week, except as provided in items 2 and 5 below.
Operation may be suspended due to circumstances beyond our reasonable control, including but not limited to force majeure, acts of governance, floods, fires, earthquakes, riots, acts of terrorism, strikes, other labor disputes, or Internet service provider failures or delays.
The specifications of this service may be updated or modified at any time without the consent of the user.
There are differences in the functions of the Service depending on the subscription plan. Users must confirm the functions available during the free trial period, and shall not raise any objection after subscription starts.
The Service may be subject to restrictions on the use of the Service's infrastructure, for example, when scheduled maintenance is performed. The User shall not object to such restrictions.
The Company may terminate the provision of the Service due to technical or commercial problems. In such a case, the Company shall notify the User in advance via e-mail one month prior to the month of service termination.
Article 4 (Application for Use of the Service, Fees and Payment Terms)
During the free trial period, the Service shall be provided on an "as is" basis without any warranty of any kind, and the Company shall not be liable for any damages incurred by the User.
Article 5 (Prohibited Matters)
The Company prohibits the following from users.
Article 6 (Ownership of Rights)
All ownership and intellectual property rights relating to the Service belong to the Company, and the granting of a license to use the Service under these Terms does not imply the granting of a license to use the intellectual property rights of the Company or any party that has granted a license to the Company relating to the Service. The user shall not, for any reason whatsoever, perform any act that may infringe the intellectual property rights of the Company (including, but not limited to, disassembly, decompilation, and reverse engineering).
Article 7 (Cancellation of Registration)
In the event that a User falls under any of the following, the Company may suspend the use of the relevant service to the User or cancel the contract. The Company shall not be liable for any damages incurred by the User based on measures taken by the Company in accordance with this Article.
Article 8 (Disclaimer)
The Company shall not be liable for any damages, including but not limited to loss of profits or claims for damages from third parties, incurred by the User in connection with the use of the Service (including but not limited to damages related to the suspension of operation of the Service, updating or modification of specifications, limitation of functions, limitation of use, and termination of provision of the Service in accordance with Article 3). The Company shall not be liable for any damages (including, but not limited to, damages related to the suspension of operation of the Service, updating or modification of specifications, limitation of functions, limitation of use, and termination of provision of the Service under Article 3).
the company does not warrant or make any representations regarding the service, including, but not limited to, that the service is free of legal defects, merchantable, free of programming errors, operates at a speed satisfactory to the user, that its functions or performance are compatible with the user's particular purpose, and that it does not infringe the rights of any third party. No warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights, is made. The Company shall not be obligated to change any specifications.
The Company shall not be liable in any way for delays or suspension of operation due to natural disasters or other circumstances beyond the Company's reasonable control.
Article 9 (Compensation for Damages)
Notwithstanding the provisions of the preceding article and other provisions, even if the Company is liable to the User for damages in connection with the provision of the Service for any reason, the Company's liability for damages shall not exceed the amount equivalent to the most recent one month's fees received by the Company from the User.
Article 10 (Change of Terms and Service Contents)
The Company may change the Terms of Use or the service contents of the Service without obtaining the User's permission. However, changes to the terms that may be detrimental to users shall be notified one month in advance, and changes to other terms shall be notified or announced within a certain period of time by a method that the Company deems appropriate.
After notification or announcement of changes to the Terms by the Company, users will be deemed to have agreed to the revised Terms when the contract is renewed in accordance with Article 4.1.
Even if there is a change in the service content of this service, these Terms of Use shall apply unless otherwise specified.
Article 11 (Protection of Personal Information)
The Company will manage user information with the care of a good manager.
The Company will use the User Information within the scope necessary to provide the Service, and if the User Information includes personal information, the Company will handle it appropriately in accordance with the Personal Information Protection Act and other related laws and regulations, the privacy policy separately stipulated by the Company, and the provisions of these Terms of Use. However, the Company may disclose or provide user information to third parties related to the Service to the extent necessary for the operation of the Service or by notifying the user in advance.
The Company may use the information related to monitoring and operation obtained through the provision of this service for the purpose of improving the Company's services, advertising, and other commercial purposes. However, in this case, without individual consent, the information of a specific user or the information related to the monitoring and operation of a specific user will not be disclosed in a form that can be identified.
Article 12 (Governing Law, Jurisdiction)
This Agreement shall be construed in accordance with the laws of Japan, and any dispute between the Company and a User shall be subject to the exclusive jurisdiction of the court of first instance having jurisdiction over the location of the Company's head office.
Article 13 (Effect of the Terms)
The Terms shall take effect on the date of implementation or revision as specified in the Supplementary Provisions.
Supplementary Provisions
Implementation date: January 20, 2021
Last revision date: January 20, 2021
Okinawa Excursions Co., Ltd.