Terms of Service

a) Business Operator Name: Smiley Walk Co., Ltd.

b) Title, Affiliation, and Contact Information of the Personal Information Protection Manager

Smiley Walk Co., Ltd. – Personal Information Inquiry Desk
Personal Information Protection Manager: Representative Director, Mairi Watanabe
Address: 2F-05 Marudai Building, 3-9-3 Kotobuki, Taito-ku, Tokyo 111-0042, Japan
TEL: 090-6946-5466

c) Purpose of Use of Personal Information

Purpose of Use of Personal Information:
We use personal information to process user registrations, manage user information after registration, enable the use of and payment for our services, process reservations, respond to inquiries, and provide information related to the use of our services.

d) Provision of Personal Information to Third Parties

Provision of Personal Information to Third Parties:
The information you register will be provided in accordance with the items below:
personal information will be shared for the purpose of processing reservations and responding to inquiries;
the personal information provided includes your name, contact details, details and date/time of the requested service, and other information necessary for reservation processing;
the means or method of provision will be through this system or by email; the recipients will be service providers that deliver the services you have applied for;
and, where necessary, personal information may also be provided for insurance purposes in emergency situations.

e) Joint Use of Personal Information

Within the scope of the purposes specified below, we jointly use personal information entrusted to us by customers and business partners as follows:

the personal data subject to joint use includes the name, email address, language used for communication with our company, and other information required by us that is obtained in connection with the use of SMILEY WALK services; the parties involved in joint use are our parent company, Smiley Walk Co., Ltd. (https://uniearth.jp/privacy.html)

the purposes of use by the joint users include user registration procedures, management of user information after registration, use of and payment for this service, reservation procedures, and responding to inquiries; the party responsible for the management of personal data is Smiley Walk Co., Ltd.,

Personal Information Inquiry Desk, with the Personal Information Protection Manager being the Representative Director, Mairi Watanabe, located at 2F-05 Marudai Building, 3-9-3 Kotobuki, Taito-ku, Tokyo 111-0042, Japan (TEL: 090-6946-5466
; and the method of acquisition is electronic data or similar means.

f) Outsourcing of the Handling of Personal Information

We may outsource part of the handling of personal information obtained on this occasion to external contractors within the scope necessary to achieve the intended purposes of use. When selecting such contractors, we conduct evaluations from the perspective of personal information protection and ensure the security of personal information by entering into non-disclosure agreements with them.

g) With respect to personal information subject to disclosure, if a request is made for notification of the purpose of use, disclosure, correction, addition or deletion, suspension of use, deletion, or suspension of provision to third parties, we will respond to such requests. In such cases, inquiries should be directed to the Personal Information Protection Manager listed above.

h) Voluntary Provision of Personal Information

The provision of personal information is voluntary; however, if such information is not provided, we may be unable to offer services related to the intended purposes of use to the individual concerned.

i) Automatic Collection of Information

When personal information is collected through this form, we may also collect information such as cookies and web beacons. For access analysis and to understand usage of the websites we operate, we use Google Analytics. Google Analytics’ Privacy Policy is available at https://policies.google.com/privacy?hl=ja&gl=jp
. Information collected, recorded, and analyzed by Google Analytics may be linked with information in our database and used accordingly.

Article 1 (Application)

1. These Terms are intended to define the conditions for providing the Service, as well as the rights, obligations, and important matters between the Company and customers regarding use of the Service, and shall apply to all relationships between customers and the Company in connection with the use of the Service.
2. Any matters stated by the Company in the Service’s Cancellation Policy or other materials related to the Service shall constitute an integral part of these Terms.
3. In the event of any discrepancy between the provisions of these Terms and explanations, notices, or other descriptions of the Service outside these Terms, the provisions of these Terms shall prevail unless otherwise expressly specified.

Article 2 (Use of the Service)

1. Customers who wish to use the Service (hereinafter referred to as “Applicants”) may apply for registration to use the Service by agreeing to comply with these Terms and by providing certain information prescribed by the Company (hereinafter referred to as “Registration Information”) to the Company in the manner specified by the Company.
2. The Company shall determine, in accordance with its own criteria, whether to approve the registration of an Applicant who has applied for registration pursuant to the preceding paragraph (hereinafter referred to as a “Registration Applicant”), and if the Company approves such registration, it shall notify the Registration Applicant accordingly.
3. Upon completion of registration as set forth in the preceding paragraph, the contract for use of the Service (the “Agreement”) shall be deemed concluded, and the Registration Applicant shall thereafter be registered as a registered user (hereinafter referred to as a “Registered User”).
4. If a Registration Applicant or a Registered User falls under any of the following circumstances, the Company may refuse the application for registration or the renewal of the Agreement. In such cases, the Company shall not be obligated to disclose the reasons for such refusal.
   1. If all or part of the Registration Information provided to the Company contains false statements, errors, or omissions
   2. If the Registered User is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant, as applicable
   3. If the Company determines that the Registered User or any related party is an anti-social force, or is involved with anti-social forces through funding or other means, including cooperation in the maintenance, operation, or management of such forces
   4. If the Company determines that the Registered User has previously breached a contract with the Company, or is a related party of such a person
   5. If the Company otherwise determines that use of the Service is inappropriate

Article 3 (Handling of Registration Information)

1. The Registration Information to be provided by Applicants and Registered Users in order to use the Service shall include the following:
   1. Name
   2. Email address
   3. Language used for communication with the Company
   4. Credit card number used for payment of the Service
   5. Other information required by the Company
2. The handling of Registered Users’ information by the Company shall be governed by the Company’s Privacy Policy, and Registered Users agree that the Company will handle their information in accordance with such Privacy Policy.
3. The Company may, at its discretion, use and disclose information and data provided by Registered Users as statistical information in a form that does not identify individual Registered Users, and Registered Users shall raise no objection thereto.

Article 4 (Changes to Registration Information)

If there are any changes to the Registration Information, Registered Users must promptly notify the Company of such changes using the method prescribed by the Company.

Article 5 (Management of Passwords and User IDs)

1. Registered Users shall, at their own responsibility, properly manage and safeguard their passwords and user IDs related to the Service, and shall not allow any third party to use them, nor lend, transfer, change the name of, or buy or sell them.
2. Registered Users shall be responsible for any damages arising from inadequate management of passwords or user IDs, negligence in use, or use by a third party.

Article 6 (Parties to the Contract)

1. The Service presents Registered Users with information on activities, tours, and other offerings provided by Merchants or by the Company, and serves to facilitate the formation of contracts between customers and Merchants or the Company.
2. Due to the nature of the Service described in the preceding paragraph, any contract regarding products, services, or other offerings provided by Merchants (the “Merchant Contract”) shall be concluded directly between the Registered User and the relevant Merchant, and the Company shall not be a party to such Merchant Contract. Conversely, any contract regarding products, services, or other offerings provided by the Company (the “Company Contract”) shall be concluded directly between the Registered User and the Company, and the Merchant shall not be a party to such Company Contract.

Article 7 (Formation of Contracts)

1. Contracts that Registered Users may enter into with Merchants or the Company through the Service are classified into the following two types based on the timing of contract formation: (i) Request Reservation Contracts and (ii) Instant Reservation Contracts. A Request Reservation Contract means a contract that is formed only when a Merchant or the Company sends a notice of acceptance after the Registered User has submitted an application, while an Instant Reservation Contract means a contract that is formed immediately at the time the Registered User submits an application.
2. In the case of a Request Reservation Contract, the procedure until the reservation is finalized is as follows. The Company may change this procedure as necessary from time to time.
   1. In a Request Reservation Contract, merely submitting an application does not result in the formation of a Merchant Contract or a Company Contract. A Merchant Contract or a Company Contract is formed only when the Merchant or the Company that received the application notifies the Registered User of its acceptance of such application.
   2. Upon receiving an application described in the preceding item, the Merchant or the Company may freely decide whether or not to accept the application. Accordingly, even if a Registered User submits an application, a Merchant Contract or a Company Contract may not be formed.
   3. The Company shall not be liable for any damages incurred by a Registered User in connection with whether a Merchant Contract or a Company Contract is formed, or with any communications from the Merchant or the Company to the Registered User regarding such formation or non-formation.
3. In the case of an Instant Reservation Contract, the contract is formed at the time the Registered User submits an application to the Merchant or the Company through the Service. However, due to simultaneous applications by multiple Registered Users or other unavoidable circumstances, the contract may not be formed. In such cases, the Company shall not be liable for any damages incurred by the Registered User.

Article 8 (Timing of Performance of the Contract)

1. Contracts that Registered Users may enter into with Merchants or the Company through the Service are classified into the following two types based on the timing of performance: (i) Activity-Type Contracts and (ii) Ticket-Type Contracts. An Activity-Type Contract refers to a contract in which the time of performance is specified by a date or by a date and time, while a Ticket-Type Contract refers to a contract in which the period during which performance is possible (the validity period) is specified.
2. An Activity-Type Contract shall automatically expire if, by the date or date and time specified in the contract, the Registered User has not prepared to receive performance of the obligations by the Merchant or the Company, regardless of the reason.
3. A Ticket-Type Contract shall automatically expire upon the expiration of the validity period specified in the contract.

Article 9 (Tickets)

1. When a Registered User enters into a contract with a Merchant or the Company, the Merchant or the Company may issue a ticket (hereinafter referred to as a “Ticket”), which is a QR code issued through the Service and is used by the Registered User by presenting it to the Merchant or the Company, whereupon the Merchant or the Company scans it using a dedicated application and, upon presentation, must provide the Registered User with the relevant service or product.
2. Tickets may be issued for both Activity-Type Contracts and Ticket-Type Contracts.
3. Tickets serve only as a supplementary means for performing the contract concluded between the Registered User and the Merchant or the Company, and do not define or modify the content of such contract. The formation or modification of the contract shall be governed by Article 7 (Formation of Contracts), and the Ticket shall merely reflect the content of the contract as determined under that Article.
4. Registered Users may use a Ticket only within the validity period set for that Ticket. Even if the validity period has expired, neither the Merchant nor the Company will extend the validity period, cancel the contract, or issue a refund.
5. When a Registered User uses a Ticket to receive services or products from a Merchant or the Company, the Registered User must present the Ticket to the Merchant or the Company and allow its contents to be scanned in the manner specified by the Company. If the Ticket cannot be scanned due to incorrect entry of the Registered User’s ID or password, loss, forgetting, or any other trouble, the Merchant or the Company shall not provide the services or products and shall bear no responsibility whatsoever for such failure.
6. The Company shall not be responsible for congestion of communication lines, concentration of Ticket usage, Ticket scanning errors, or any other issues related to Tickets, except in cases where such issues are caused by the Company’s willful misconduct or gross negligence.
7. With respect to any questions, complaints, or other inquiries regarding Tickets issued by Merchants, Registered Users must contact the relevant Merchant directly. The Company will not respond to such inquiries.
8. If any dispute arises between a Registered User and a Merchant in connection with the use of a Ticket issued by a Merchant, the Registered User must resolve such dispute directly with the Merchant. The Company shall bear no responsibility whatsoever in this regard.
9. Tickets may be used subject to certain limitations, including the business hours of the Merchant or the Company, facility capacity, weather conditions, and other restrictions, and do not guarantee the provision of services or products on a specific date or time or for a specific purpose. Registered Users agree in advance that, depending on the circumstances of the Merchant or the Company, they may not be able to receive services or products on their desired date or time or for their desired purpose.

Article 10 (Fees and Payment Methods)

1. When a Registered User enters into a contract with a Merchant or the Company through the Service, the Registered User must pay the price or fees to the Merchant or the Company using a credit card approved by the Company and in the manner specified by the Company.
2. The Company shall receive the price or fees specified in the preceding paragraph from the Registered User by using a designated payment collection service provider on behalf of the Merchant or for the Company itself.

Article 11 (Cancellation)

1. The availability of cancellation and any applicable cancellation fees for Merchant Contracts or Company Contracts shall be governed by the Company’s Cancellation Policy.
2. If a Registered User wishes to cancel a concluded Merchant Contract or Company Contract, the Registered User must notify the Company and the relevant Merchant using the methods specified by the Company and such Merchant.
3. The Company shall not be liable for any damages incurred by a Registered User in connection with whether a Merchant Contract or Company Contract may be canceled, or with any communications from the Merchant or the Company to the Registered User regarding such cancellation or non-cancellation.

Article 12 (Modification of Contracts)

1. If a Registered User wishes to change the content of an already concluded Merchant Contract or Company Contract, the Registered User must submit a request to the Company or the relevant Merchant using the method specified by the Company. However, such requests may only be made up to 48 hours prior to the cancellation deadline of the relevant Merchant Contract or Company Contract (for example, if the cancellation deadline is 3:00 p.m. on May 3, no change request may be made after 3:00 p.m. on May 1). No change requests may be made for Merchant Contracts or Company Contracts that are not eligible for cancellation.
2. Merely submitting a change request as described in the preceding paragraph does not result in a modification of the Merchant Contract or Company Contract. A Merchant Contract or Company Contract shall be modified only when the Merchant or the Company that received the request notifies the Registered User of its acceptance of such request.
3. Upon receiving a request under paragraph 1, the Merchant or the Company may freely decide whether or not to accept such request. Accordingly, even if a Registered User submits a request, the Merchant Contract or Company Contract may not be modified.
4. The Company shall not be liable for any damages incurred by a Registered User in connection with whether a Merchant Contract or Company Contract may be modified, or with any communications from the Merchant or the Company to the Registered User regarding such modification or non-modification.

Article 13 (Prohibited Acts)

Registered Users must not, in using the Service, engage in any act that falls under any of the following items, or any act that the Company deems to fall under them.

1. Acts that violate laws or regulations, or acts related to criminal activity
2. Acts of fraud or intimidation against the Company, Merchants, other users of the Service, or any third party
3. Acts that are contrary to public order and morals, or that may be contrary thereto
4. Acts that infringe intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, Merchants, other users of the Service, or any third party
5. Transmitting, through the Service, information that falls under or is deemed by the Company to fall under any of the following
   1. Information containing excessively violent or cruel expressions
   2. Information containing computer viruses or other harmful computer programs
   3. Information containing expressions that damage the reputation or credibility of the Company, Merchants, other users of the Service, or any third party
   4. Information containing excessively obscene expressions
   5. Information containing expressions that promote discrimination
   6. Information containing expressions that promote suicide or self-harm
   7. Information containing expressions that promote improper use of drugs
   8. Information containing anti-social expressions
   9. Information that seeks to spread information to third parties, such as chain emails
   10. Information containing expressions that cause discomfort to others
6. Acts that impose an excessive burden on the network, systems, or infrastructure of the Service
7. Reverse engineering or other analytical acts directed at software or systems provided by the Company
8. Acts that may interfere with the operation of the Service
9. Unauthorized access to the Company’s networks or systems
10. Impersonating a third party
11. Using the ID or password of another user of the Service
12. Advertising, promotion, solicitation, or sales activities on the Service without the Company’s prior consent
13. Collecting information about other users of the Service
14. Acts that cause disadvantage, damage, or discomfort to the Company, Merchants, other users of the Service, or any third party
15. Providing benefits to anti-social forces
16. Acts intended for meeting or dating unfamiliar persons, whether of the opposite or same sex
17. Acts that directly or indirectly induce or facilitate any of the foregoing acts
18. Attempting any of the foregoing acts
19. Any other acts that the Company deems inappropriate

Article 14 (Suspension or Interruption of the Service)

1. The Company may, without prior notice to Registered Users, suspend or interrupt all or part of the Service if any of the following circumstances apply:
   1. In cases where emergency inspection or maintenance of computer systems related to the Service is required
   2. In cases where computers, communication lines, or other equipment are shut down due to an accident
   3. In cases where operation of the Service becomes impossible due to force majeure, including earthquakes, lightning, fires, storms, floods, power outages, or other natural disasters
   4. In any other cases where the Company determines that suspension or interruption is necessary
2. The Company shall not be liable for any damages incurred by Registered Users as a result of measures taken by the Company pursuant to this Article.

Article 15 (Ownership of Rights)

1. All intellectual property rights related to the Company’s website and the Service belong to the Company or to licensors that have granted licenses to the Company. Permission to use the Service under these Terms does not imply a license to use any intellectual property rights of the Company or its licensors relating to the website or the Service.
2. Registered Users represent and warrant to the Company that they have the lawful right to display, provide, transmit, or otherwise make available any information shown, provided, or transmitted through the Service (hereinafter referred to as “Service Content”), and that such information does not infringe the rights of other Registered Users or any third party.
3. Registered Users grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the Service Content.
4. Registered Users agree not to exercise moral rights against the Company or any party that has succeeded to or has been authorized to exercise the rights by the Company.

Article 16 (Cancellation of Registration, Termination, etc.)

1. If a Registered User falls under any of the following circumstances, the Company may, without prior notice or demand, delete the Service Content, temporarily suspend the Registered User’s use of the Service, cancel the Registered User’s registration, or terminate this Agreement:
   1. If the Registered User violates any provision of these Terms
   2. If it is discovered that there are false statements in the registered information
   3. If the Registered User becomes unable to make payments, suspends payments, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any similar proceedings
   4. If there is no response for more than 14 days to inquiries or other communications from the Company requesting a response
   5. If the Company otherwise determines that continued use of the Service, registration as a Registered User, or continuation of this Agreement is inappropriate
2. If a Registered User falls under any of the circumstances set forth in the preceding paragraph, the Registered User must immediately perform all obligations owed to the Company, including payment obligations.
3. The Company shall not be liable for any damages incurred by a Registered User as a result of actions taken by the Company pursuant to this Article.

Article 17 (Changes to or Termination of the Service)

1. The Company may change the content of the Service or terminate its provision at its own discretion.
2. The Company shall not be liable for any damages incurred by Registered Users in connection with measures taken by the Company pursuant to this Article.
3. Even after termination of this Agreement, Article 3 (Handling of Registration Information), paragraph 3; Article 7 (Formation of Contracts), paragraph 2, item 3 and paragraph 3; Article 11 (Cancellation), paragraph 3; Article 12 (Modification of Contracts), paragraph 4; Article 14 (Suspension or Interruption of the Service), paragraph 2; Article 15 (Ownership of Rights); Article 16 (Cancellation of Registration, Termination, etc.), paragraph 3; paragraph 2 of this Article and this paragraph; and Articles 18 (Disclaimer of Warranties and Limitation of Liability) through 21 (Assignment of Contractual Status, etc.), and Articles 23 (Communications and Notices) through 25 (Governing Law and Jurisdiction) shall remain in full force and effect.

Article 18 (Disclaimer of Warranties and Limitation of Liability)

1. The Company makes no warranties whatsoever that the Service will meet the specific purposes of Registered Users, that it will have the functions, commercial value, or usefulness expected by Registered Users, or that it will be free from defects or errors.
2. The Company shall not be liable for any damages suffered by Registered Users in connection with the interruption, suspension, termination, unavailability, or modification of the Service, or with equipment failures or damage, or any other matters related to the Service.
3. The Company shall bear no responsibility whatsoever for any transactions, communications, disputes, or other matters arising between Registered Users and Merchants, other Registered Users, or any third parties in connection with the Service or the Company’s website.

Article 19 (Disclaimer for Original Tours)

1. The Company may provide Registered Users, through the Service, with guided tours and other services planned and operated by the Company (hereinafter referred to as “Original Tours”).
2. When participating in an Original Tour, customers shall protect, manage, and maintain their own life, body, and property at their own responsibility. The Company shall not be liable for any damages suffered by customers during or after participation in an Original Tour; provided, however, that this shall not apply in cases where such damages are caused by the Company’s willful misconduct or gross negligence.

Article 20 (Confidentiality)

Registered Users shall treat as confidential any non-public information disclosed by the Company in connection with the Service that the Company has requested to be handled as confidential, and shall not disclose such information to any third party without the Company’s prior written consent.

Article 21 (Assignment of Contractual Status, etc.)

1. Registered Users may not assign, transfer, create a security interest in, or otherwise dispose of their contractual status under this Agreement, or any rights or obligations under these Terms, to any third party without the Company’s prior written consent.
2. If the Company transfers its business related to the Service to a third party, the Company may, in connection with such business transfer, transfer its contractual status under this Agreement, as well as the rights and obligations under these Terms, and the Registered Users’ registration information and other related user information, to the transferee of such business. Registered Users are deemed to have given prior consent to such transfer. For the avoidance of doubt, the business transfer referred to in this paragraph includes not only ordinary business transfers as recognized by court precedents, but also company splits and any other cases in which the business is transferred.

Article 22 (Amendments to These Terms, etc.)

The Company may amend these Terms. If the Company amends these Terms, it shall notify users of such amendments on the Service, and if a Registered User continues to use the Service after such notice, the Registered User shall be deemed to have agreed to the amended Terms.

Article 23 (Communications and Notices)

All inquiries regarding the Service, as well as any other communications or notices from Registered Users to the Company, and any notices regarding amendments to these Terms or other communications or notices from the Company to Registered Users, shall be made by the methods specified by the Company.

Article 24 (Severability)

If any provision of these Terms, or any part thereof, is deemed invalid or unenforceable under the Consumer Contract Act or any other applicable laws or regulations, the remaining provisions of these Terms and the remaining portions of the provision deemed invalid or unenforceable shall continue to be in full force and effect.

Article 25 (Governing Law and Jurisdiction)

1. These Terms and this Agreement shall be governed by and construed in accordance with the laws of Japan.
2. These Terms and this Agreement are prepared in Japanese and may be translated into foreign languages. The Japanese version shall be the authoritative text, and in the event of any discrepancy or inconsistency between the Japanese version and any foreign language version, the Japanese version shall prevail.
3. Any and all disputes arising out of or in connection with these Terms, this Agreement, or use of the Service shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company’s head office as the court of first instance.