Terms of Service

The Terms of Use (hereinafter referred to as the "Terms") set forth the matters to be observed by the Users as well as the rights and obligations of iVacation Co., Ltd. (hereinafter referred to as the "Company") and the Users with respect to the use of Wanderpass provided by the Company. Every user of the service will be required to read through the entire text of the Terms carefully before agreeing thereto.

Article 1 Scope of Application

  • The Terms shall define the rights and obligations of the Company and the Users (as defined in Article 2), and shall apply to any relationship between the Company and the Users with respect to the use of the Service (as defined in Article 2).
  • The rules and regulations concerning the Service which may be posted by the Company on the Website (as defined in Article 2) from time to time shall constitute part of the Terms.

Article 2 Definitions

For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:

  • "Third Party Services" means services such as the Facebook, AppStore, GooglePlay, which shall be used in relation to provision or distribution of the Service.
  • "Third Party Service Providers" means the entities which provide the Third Party Services.
  • "Terms of Use for Third Party Services" means the terms applicable between the User and the Third Party Service Providers.
  • "Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an application for the registration of any of such rights.
  • "Shops, etc." means shops, facilities, institutions, sightseeing spots, etc. displayed on the Service.
  • "Website" means the website on the Internet operated by the Company with the domain of https://wanderpass.jp/, including, without limitation, the new website in cases where the domain or contents of the Website are changed.
  • "Applicant" means the "Applicant" defined in Article 4.
  • "Registration Information" means the "Registration Information" defined in Article 4.
  • "Service" means the audio tour service and the application of named "Wanderpass" provided by the Company including, without limitation, the new service or the new application in cases where the name or contents of the Service are changed.
  • "User" means the user of the Service.

Article 3 Use of the Service

The User shall be entitled to use the Service in accordance with the Terms in such a manner as specified by the Company.

Article 4 Membership Registration

  • The User may perform membership registration in such a manner as specified by the Company. The Company may make contents of the Service different between the Users who have completed of membership registration and the Users who have not completed membership registration. The Company may, at its sole discretion, determine and change the contents and terms of the Service.
  • Any person who desires to complete membership registration (hereinafter referred to as the "Applicant") may apply to the Company for the membership registration by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the "Registration Information") in a manner specified by the Company.
  • The application for the membership registration shall be made by the User, and applications by proxy will not be accepted. For each application for the membership registration, the Applicant shall provide true, correct and current information to the Company.
  • The Company may reject the membership registration if:
    • the Company determines that the Applicant is likely to violate the Terms;
    • the Registration Information submitted to the Company contain, in whole or part, false or erroneous statements or omissions;
    • the membership registration has once been cancelled;
    • the Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of his/her respective legal representative, guardian, curator or assistant; or
    • the Company determines that the Applicant is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method.
    • the Company otherwise determines that the membership registration would be inappropriate.
  • The acceptance or rejection of applications for the membership registration shall be determined by the Company in accordance with the criteria established by the Company, including, without limitation, the items of Article 4.4. The membership registration of an Applicant shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted.
  • In the event of any change in the Registration Information, the User shall promptly notify the Company of such change in accordance with the procedure specified by the Company and submit to the Company the required information.

Article 5 Fee

  • If the User uses the paid services of the Service, the User shall pay to the Company the fee specified separately by the Company for the paid services of the Service (hereinafter referred to as the "Fee")in accordance with the method and time of payment specified by the Company.
  • The costs for the wire transfer and any other expenses concerning the payment shall be borne by the User.
  • In the event that the User fails to pay the Fee, the User shall pay to the Company 14.6% per annum of the unpaid amount as default interest.
  • In no event, the Company shall have no liability to refund the Fee to the User ,and the User shall be responsible or liable for the payment of the Fee (including the Fee which does not become due).

Article 6 Management of Password and User ID

  • The User shall be fully responsible for the security and safekeeping of his/her password and user ID and the User shall not cause or permit any third party to use the password or user ID nor shall it loan, assign, or cause to be owned in the name of another person or to be sold or purchased the password or user ID or otherwise cause the password or user ID to be an object of any activity similar to the foregoing.
  • The User shall be responsible and liable for any damage incurred by the User as a result of inadequate management, wrong or improper use, or the use by a third party of the password or user ID. In no event shall the Company be responsible or liable for such damage.
  • In cases where the password or user ID is found to be stolen or used by a third party, the User shall immediately notify the Company to that effect and follow the instructions provided by the Company.

Article 7 Prohibited Activities

  • The User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:
    • to perform any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, other Users, the Shops, etc., the Third Party Service Providers or other third parties (including any act which raise such infringement directly or indirectly);
    • to reproduce or record the data (including, without limitation, sound data) provided through the Service without consent by the Company;
    • to transmit false information;
    • to provide any service which is same as or similar to the Service;
    • to conduct commercial transactions in the Service;
    • to perform an act associated with a criminal act, or an act against public order and good morals;
    • to transmit information which is indecent or harmful for minors;
    • to transmit information related to relationship with people of opposite sex;
    • o perform any act which violates any law or regulation, or the internal rules of the entity of which the Company or the User is a member;
    • to use the Service by pretending to be another person;
    • to transmit information containing computer viruses or other harmful computer programs;
    • to modify information which can be used for the purpose of the Service;
    • to transmit through the Service data the volume of which is larger than the size of data specified by the Company;
    • to perform any act which is likely to interfere with the operation of the Service by the Company; or
    • to perform any other acts determined by the Company to be inappropriate.
  • In cases where the Company determines that the act of the User in the Service falls or is likely to fall under any of the items of Article 7.1, the Company may delete the information related to the User, suspend the use of the Service or cancel membership registration of the User without any prior notice to the User. The Company shall in no event be responsible or liable for any damage incurred by the User as a result of an action taken by the Company pursuant to this Article 7.2.

Article 8 Discontinuation or Suspension of the Service

  • In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service without prior notice to the User:
    • When the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;
    • When a computer or telecommunications network ceases to operate or function as a result of an accident;
    • When the operation of the Service becomes difficult due to fire, power failure, natural disaster, or any other cause of force majeure;
    • When troubles, discontinuation or suspension of service, discontinuation of association with the Service, changes of specifications, etc. occur with respect to the Third Party Services; or
    • When for any other reason the Company determines that the discontinuation or suspension will be necessary.
  • The Company may, in its discretion, terminate the provision of the Service. In this case, the Company gives prior notice to the User.
  • The Company shall not be responsible or liable for any damage incurred by the User as a result of any action taken by the Company in accordance with this Article 8.

Article 9 Preparation of Devices, etc.

  • The User shall, with its own costs and responsibilities, prepare and maintain computers, software and other devices, and telecommunication line and other communication environment which are necessary to use the Service.
  • The User shall, with its own costs and responsibilities, prepare and maintain security systems suitable for the User's environment for use of the Service to avoid attack of computer virus, unauthorized access, information leakage, etc.
  • The Company shall have no obligation to retain the messages or other information transmitted by or to the User through the Service even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time in its discretion. The Company shall not be responsible or liable for any damage incurred by the User as a result of such deletion of information.
  • In cases where at the commencement of or during the use of the Service the User installs software or programs from the Website or the Third Party Services into his/her computers by way of downloading or other means, the User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to his/her equipment. The Company shall in no event be responsible or liable for such loss or damage incurred by the User.

Article 10 Ownership and Intellectual Property Rights

  • All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and the use of the Service permitted under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights concerning the Website or the Service held by the Company or its licensors. The User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
  • The rights of the texts, graphics, videos and other data uploaded or transmitted in the Website or the Service by the User shall vest in the User or its licensors, provided, however, that the Users shall grant to the Company the non-exclusive, sublicenseable and royalty-free license to copy, reproduce, modify or otherwise use, without any restriction, such texts, graphics, videos and other data.

Article 11 Use of Usage History and Personal Health Record

  • The User hereby agrees that the Company provides the Service based on route information, location information and other information of the User's portable terminals due to the nature of the Service.
  • The User hereby agrees that the Company may use the User's usage history (including without limitation, Registration Information, route information, location information, posted information, inquiry information) after making the usage history impossible to identify and specify the person.
  • The Company may use Cookies or other similar technologies for grasp of the usage status of the Service and improvement of the Service. The advertising companies which are alliance partners of the Company may obtain Cookies on the User's browsers instead of the Company. Please see the Company's Cookies Policy and Privacy Policy for further information of Cookies.
  • Your personal health record including HealthKit data ("PHR Data") will not be sent to our server. It will be stored only on your device.
    • We will not share your PHR Data with anyone.
    • We will not sell your PHR Data to advertising platforms, data brokers or information resellers.
    • We will not use Your PHR Data for advertising or similar services.

Article 12 Cancellation of Registration

  • The Company may suspend the use by the User of the Service or cancel the membership registration without any prior notice if:
    • the User violates any provision of the Terms;
    • the Registration Information is found to contain false information;
    • the User uses or attempts to use the Service for such purposes or in such a manner as would cause damage to the Company, other Users, the Shops, etc., the Third Party Service Providers or other third parties;
    • Use of the Third Party Services or association with the Third Party Services becomes difficult in relation to the User due to its violation of the Terms of Use for the Third Party Services or other reasons;
    • the User gets into trouble with other Users, the Shops, etc., the Third Party Service Providers or other third parties;
    • the User interferes with the operation of the Service by any means;
    • payment by the User is suspended, or the User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings is instituted with respect to the User;
    • the User dishonors any note or check issued or accepted by it;
    • a petition is filed against the User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;
    • the User becomes subject to the procedures for tax delinquency;
    • the User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance;
    • the User has not used the Service for a period of six (6) months or more, and has not responded to any communication from the Company;
    • the User falls under any of the items of Article 4.4; or
    • the Company determines for any reason that the continuation of the use of the User would be inappropriate.
  • In cases where the User falls under any of items of Article 12.1, any and all monetary debt of the User to the Company shall become forthwith due and payable, and the User shall immediately pay such monetary debt.
  • Each of the Company and the User may cancel his/her membership registration by sending notice to the other party in accordance with the procedures specified by the Company.
  • The Company shall in no event be responsible or liable for any damage incurred by the User as a result of any action taken by the Company in accordance with the provisions of this Article 12.
  • In the event of the suspension of the Service or the cancellation of the membership registration pursuant to this Article 12, the User shall return, destroy or otherwise dispose of the software, manuals or any other materials supplied by the Company in connection with the Service, in accordance with the instructions provided by the Company.

Article 13 Disclaimer and Limitation of Liability

  • The User hereby agrees that there is a possibility that the Service is unavailable due to function restriction, setting or other factors of the User's portable terminals.
  • The User hereby agrees that there is a possibility that location information related to tourist routes or tourist information provided by the Service is incorrect due to communication situation of portable terminals, network connection status, reception status of GPS and other problems.
  • The User hereby agrees that there is a possibility that the User cannot receive information through the Service in some regions of countries or areas.
  • The User hereby agrees that the Service deals mainly with domestic information of Japan.
  • The Company makes no warranty for accuracy, completeness, certainty, usefulness, recency, legality, etc. of location information, the User's posted information, information of the Shops, etc. and other information which provided through the Service. The Service is provided "as is", and the Company makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, completeness or consistency, with respect to the Service.
  • The User hereby agrees that there is a possibility that the Service is temporarily unavailable due to transportation to places which are not covered by GPS network connection, communication situation of portable terminals or any other circumstances.
  • The Company does not make any warranty which is not expressly provided for in the Terms even in cases where the User has acquired from the Company, directly or indirectly, any information concerning the Service, the Website, other Users or any other matter.
  • Although the Service may be associated with the Third Party Services, the Company makes no warranty regarding such association. The Company shall not be responsible or liable even when such association is not available.
  • In cases where the Service is associated with the Third Party Services, the User shall comply with the Terms of Use for the Third Party Services with its own costs and responsibilities. In no event shall the Company be responsible or liable for disputes, etc. which arise between the User and the Third Party Service Providers.
  • The User shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the Service will violate any law or regulation applicable to the User or the internal rules of the entity of which the User is a member, and the Company makes no warranty that the use of the Service by the User will comply with the laws and regulations applicable to the User and the internal rules of the entity of which the User is a member.
  • The User shall, with his/her full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service or the Website which arise between the User and other Users, the Shops, etc., the Third Party Service Providers or other third parties. In no event shall the Company be responsible or liable for them.
  • In no event shall the Company be responsible or liable for suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any message or information from the User, cancellation of the membership registration of the User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the User in connection with the Service.
  • Even if the Website contains links to and from other websites on the Internet, the Company shall not, for any reason, be responsible for any websites other than the Website or any information obtained therefrom.
  • The Company may provide support services to the User; provided, however that the Company makes no warranty for providing support services.
  • In no event shall the Company be responsible or liable for the damage incurred by the User in connection with the Service. Even if the Company is responsible or liable for the damage by the application of Consumer Contract Law of Japan or other reasons, the responsibility and liability of the Company for the damage are limited to the total amount that the Company receives actually from the User during the last three months before the date on which the cause of such damage occurs; provided, however that in cases where the Company has not received the Fee from the User during the last three months before the date on which the cause of such damage occurs, the responsibility and liability of the Company for the damage are limited to one thousand (1,000) Japanese Yen.

Article 14 Indemnification by the User

  • The User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the User of any provision of the Terms or resulting in connection with the use by the User of the Service.
  • The User shall immediately notify the Company of any claim against the User brought by other Users, the Shops, etc., the Third Party Service Providers or other third parties in connection with the Service or of any dispute arising between the User and any of the other Users or other third parties, and shall settle such claim or dispute at his/her own expense and responsibility and report the processes and results of the settlement to the Company at the request thereof.
  • In cases where a claim is brought against the Company by other Users, the Shops, etc., the Third Party Service Providers or other third parties by reason of infringement of rights or for any other reason with respect to the use of the Service by the User, the User shall compensate the Company for any amount of money which the Company has been forced to pay to such other Users, the Third Party Service Providers or other third parties based on such claim.

Article 15 Confidentiality

  • For the purposes of the Terms, the "Confidential Information" means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the User in connection with the Service in writing, orally or in storage media, etc., including without limitation, information provided or disclosed in connection with support services, but excluding information (1) which is generally available to the public or known to the User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the User; (2) which becomes publicly known through publication or otherwise without fault of the User after the information is provided or disclosed by the Company to or comes to the knowledge of the User; (3) which the User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.
  • The User shall use the Confidential Information of the Company solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information of the Company to any third party without the Company's prior written consent.
  • Notwithstanding the provision of Article 15.2, the User may disclose the Confidential Information of the Company when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the User.
  • The User shall first obtain the prior written consent of the Company if it intends to reproduce any document or magnetic storage media containing the Confidential Information of the Company, and shall keep the reproductions under strict control in the same manner as provided for in Article 15.2.
  • At any time upon request of the Company, the User shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

Article 16 Personal Information

The User hereby agrees that the Company uses the personal information obtained in connection with the Service in accordance with the Company's Privacy Policy.

Article 17 Amendment and Changes to Terms, etc.

  • The Company reserves the right to make amendment or change to the contents of the Service without restriction.
  • The Company reserves the right to make amendment or change to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article 17). In the event of any amendment or change to the Terms, the Company shall notify or publicly notify the User to that effect. If the User uses the Service, or fails to take steps to cancel the membership registration within the time specified by the Company after the notice or public notice set forth above, the User shall be deemed to have agreed to such amendment and change made to the Terms.

Article 18 Notice

Any inquiries with respect to the Service or other communications or notices from the Users to the Company, or the notices or public notice concerning any amendment to the Terms or other communications, notices or public notice from the Company to the User shall be made in accordance with the procedures specified by the Company.

Article 19 Assignment of Terms

  • The User shall not assign, transfer, grant security interests on or otherwise dispose of his/her status of the agreement between the Company and the User executed based on the Terms or rights or obligations under the Terms without the prior written consent of the Company.
  • In cases where the Company has assigned the business regarding the Service to a third party, the Company may, as part of such assignment of business, assign to the third party assignee its status under the Terms, its rights and obligations under the Terms, and information of the User, the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this Article 18.2, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Company which would result in a transfer of the business.

Article 20 Entire Agreement

The Terms constitute the entire agreement between the Company and the User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the User with respect to the matters contained herein.

Article 21 Severability

If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.

Article 22 Survival of Provisions

The provisions of Articles 5 (to the extent that the Fee is unpaid), 6.2, 7.2, 8.3, 9 through 11, 12.2, 12.4, 12.5, 13 through 16, and 19 through 23 shall survive the cancellation of membership registration or the termination of the agreement between the Company and the User executed based on the Terms and remain in full force and effect.

Article 23 Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 24 Resolution Through Discussion

Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the User.

Enacted on
July 1, 2015
Revised on
July 1, 2016
Revised on
March 3, 2017