Terms of Use | Hotelwee

The terms and conditions (hereinafter referred to as the "Terms and Conditions") for the use of the employee collaboration and guest engagement service called "Hotelwee" (hereinafter referred to as the "Service") provided by Liberius Technology Inc (hereinafter referred to as the "Liberius") shall apply to all users and applicants for registration (both defined in Article 2) who use the Service. Users are requested to read these Terms of Use carefully before using the Service. Users who do not agree to these Terms of Use may not use the Service.

Article1. Application

1.1 The purpose of these Terms of Use is to set forth the terms and conditions of provision of the Service and the relationship of rights and obligations between Liberius and the User with respect to the use of the Service between the User and Liberius (regardless of the type of terminal used, such as PC or mobile use, or the method of use, website, smartphone application, platform, operation system).

1.2 In the case Liberius shall post individual provisions and additional provisions (hereinafter referred to as "Individual Additional Provisions") regarding the Service on the Service's top screen or on the Liberius' website (defined in the following Article) or sends individual additional provisions to users via e-mail, such individual additional provisions shall also constitute a part of these Terms of Use, and if individual additional provisions conflict with these Terms of Use, such individual additional provisions shall take priority over these Terms of Use.

Article2. Definition

The following terms used in these Terms of Use shall have the meanings set forth below

2.1 Company Site: The website operated by Liberius to provide the Service (https://www.hotelwee.com).

2.2 Prospective User: A person who wishes to use the Service.

2.3 User: A legal entity or individual who has been registered as a user of the Service in accordance with Article 4.

2.4 Paid Member: A user who has registered as a paid member in accordance with the method specified on the Site.

2.5 Paid Services: Paid Services refers to services and functions provided by Liberius only to paying members, the details of which shall be determined separately by Liberius.

2.6 Content: All information (including, but not limited to, text, images, video, and other data) that users may access on the Service or Liberius Site.

2.7 User Content: Content described, recorded, uploaded or transmitted by a User on the Service.

2.8 Intellectual Property Rights: All patent, utility model, trademark, design, copyright (including rights under Articles 27 and 28 of the Copyright Act) and other intellectual property rights under any country, state, territory or jurisdiction. other intellectual property rights (including the right to use, reproduce, modify, distribute, and sell intellectual property rights).

2.9 Anti-Social Forces: criminal organization or anti-social forces, a member or a quasi-member of a criminal organization or anti-social forces, an organization or a person with the aim of forcing a company to donate money by interrupting Liberius’ shareholders’ meetings, an organization or a person engaging in social activities for the purpose of extortion, an expert who has a relationship with a criminal organization of anti-social forces, or a group of such an expert, a person who has a relationship with an organization (including its member) or a person engaging in criminal or antisocial activities including violence, force, fraud, intimidation, or extortion, or an organization or a person equivalent to those listed in the preceding items..

2.10 Laws, ordinances, etc.": A generic term for laws, cabinet orders, notices, rules, orders, ordinances, guidelines, and other regulations.

Article3. Changes to

3.1 We reserve the right to change the Terms and Conditions as we deem necessary in the following cases.

3.1.1 When the changes to Terms and Conditions is compatible with the general interest of the user.

3.1.2 The changes to Terms and Conditions is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification.

3.2 In the case of the preceding paragraph, at least two weeks prior to the effective date of the revised Terms of Use, Liberius will notify the user of the revised Terms of Use and the content of the revised Terms of Use and its effective date by posting the revised Terms of Use on Liberius' website or the Service, or by e-mail or other electromagnetic means.

3.3 In addition to the provisions of the preceding two paragraphs, Liberius may modify these Terms of Use by obtaining the consent of users in a manner determined by Liberius.

Article4. Registration

4.1 The applicant may apply for registration as a user by agreeing to abide by these Terms and Conditions and providing Liberius with certain information as determined by Liberius ("Registration Information") in a manner determined by Liberius.

4.2 The applicant may not apply for user registration if any of the following items apply to them, and must notify us immediately if any of the following items apply to them during the effective period of this Agreement. If Liberius determines that the applicant falls under or is likely to fall under any of the following items, Liberius may refuse the registration without prior or subsequent notice. Liberius shall not disclose the reason for such refusal of registration.

Failure to meet the registration requirements set forth in this Article or otherwise determined by Liberius
In the event that all or part of the registration information provided to Liberius is false, erroneous, or omitted.
If the applicant belongs to or has belonged to antisocial forces, or has interacted or been involved in any way with such forces
If you have violated any contract or other agreement with Liberius in the past, or if your registration for this service or any other service of Liberius has been denied or cancelled, or if you are related to any such person
If you have committed or are likely to commit any act in violation of these Terms and Conditions
Other cases in which Liberius deems the registration to be inappropriate

4.3 Liberius will determine whether or not to register the applicant as a user, and if Liberius approve the registration, Liberius will notify the applicant to that effect. The registration of the applicant shall be completed when Liberius gives the notice described in this section, and Liberius shall provide the applicant with a user ID and password upon completion of the registration.

4.4 Upon completion of user registration in the preceding paragraph, a service use contract (hereinafter referred to as the "Service Use Contract") in accordance with this Terms of Use will be established between the applicant and Liberius. The User may use the Service in accordance with the method determined by Liberius within the scope of the purpose of this Agreement and to the extent that the User does not violate this Agreement.

Article5. Paid Subscription

5.1 Users may use the paid subscription by agreeing to pay fees to Liberius and becoming a paid member through procedures prescribed by Liberius. Details of paid services, fee amounts, payment methods, and other matters shall be determined separately by Liberius and displayed on the service screen or Liberius' website, or notified to users.　Minimum contract period shall be three months, with subsequent renewals on a monthly basis.

5.2 If a paying member delays payment of the usage fee, the paying member shall pay to Liberius a late fee at the rate of 14.6% per annum.

5.3 If deemed necessary by Liberius, Liberius may change the amount or plan of the usage fee. In such cases, at least two weeks prior to the effective date of the change, Liberius will notify the user of the change, the content of the change, and the effective date of the change by posting on Liberius' website or on this service, or by e-mail or other electromagnetic means. However, in the case of changes that require the consent of the user under laws and regulations, Liberius shall obtain the consent of the user in a manner determined by Liberius.

5.4 If a paying member notifies Liberius of the suspension of paid service usage in accordance with Liberius' regulations during the paid service usage period, the paid member registration shall be terminated at the end of the usage period corresponding to the usage fees already paid to Liberius. During the usage period corresponding to the fees already paid to Liberius, the paid membership registration will not be terminated, and no refunds will be made for the usage fees for that period.

5.5 We may use third-party payment processing services for payment settlement and information processing related to the use of paid services and other services. Liberius shall not be liable for any disputes, claims, lawsuits, infringements, or damages arising from or related to the use of payment processing services by third parties.

Article6. Free Services

6.1 Liberius may, in its sole discretion, offer free services, promotions, and trials (hereinafter collectively referred to as “Free Services”), and these Terms of Service shall apply when the User uses the Free Services.

6.2 Notwithstanding the provisions of Article 11.1 hereof, Liberius may, in its sole discretion, terminate the Free Services before or during the usage period of the Free Services without prior notice and without any liability to the User.

6.3 After the end of the Free Services usage period, the User may only continue to use the Service by registering as the Paid Member or by receiving authorization from Liberius.

6.4 During the usage period of the Free Services, Liberius shall provide all Free Services on an ‘as-is’ basis. For clarity, any support in relation to the Free Services including technical support shall not be included in the Free Services, except as otherwise provided by Liberius at its discretion.

Article7. User Obligations

7.1 The User shall use the Service in accordance with these Terms of Service and the terms and conditions of use of the Service or instruction manuals separately stipulated by Liberius.

7.2 Users warrant the accuracy of registration information and any other information Users provide to Liberius during the term of this Subscription Agreement.

7.3 If there is any change in the registered information during the effective term of this Agreement, the User must notify Liberius of such change without delay in a manner prescribed by Liberius.

7.4 Users shall, at their own responsibility, properly manage and store their passwords and user IDs for the Service, and shall not allow any third party to use, lend, transfer, change the name of, buy or sell, or otherwise dispose of them. When Liberius confirm that the user ID and password match, Liberius will assume that the user registered in the Service, and the user acknowledges and agrees to this in advance.

7.5 The user shall be solely responsible for any damages arising from inadequate management of the password or user ID by the user, errors in use, or use by a third party, and Liberius shall not be liable for any such damages.

7.6 If the User discovers that his/her password or user ID for the Service has been stolen or used by a third party, the User shall immediately notify Liberius to that effect and follow Liberius' instructions.

7.7 User shall provide to upon our request any information that we deem necessary to provide the Service or maintenance services for the Service.

7.8 In using the Service, the User shall designate a person (hereinafter referred to as the "Person in Charge") to serve as a contact person with Liberius and shall notify Liberius of such contact information. If the contact person changes, the User shall promptly notify Liberius of the new contact person.

Article8. Sharing Customer Review and Hotel Information

During the term of the Service Use Contract, the User agrees to share with Liberius the customer review and/or hotel information posted on the website of the online travel agency with which the User has executed a contract. However, if consent from the online travel agency or the customer is required for sharing the customer reviews, the User must obtain such consent before sharing the reviews with Liberius.

Article9. Prohibited items

With respect to the use of the Service, the User shall not engage in any of the following acts

Violation of these Terms and Conditions
Actions that violate laws and regulations or are related to criminal activities
Fraud or threats against Liberius or third parties
Acts against public order and morals
Acts related to antisocial activities or provision of benefits to antisocial forces
Any act that infringes on the intellectual property rights, portrait rights, rights to privacy, reputation, or any other rights or interests of Liberius or any third party
Acts that defame or slander Liberius or third parties
Actions that place an excessive load on our network or system, etc.
Unauthorized access or attempted unauthorized access to our network or system, etc.
Impersonating a third party, misrepresenting one's relationship to another person or entity, or concealing or attempting to conceal one's identity.
Using or allowing another user's user ID and password
Any act that causes disadvantage or damage to Liberius or any third party.
(2) Duplication, sale, publication, or any other use of information obtained through the Service, except as expressly permitted in these Terms of Use or as otherwise approved by Liberius.
Any act that interferes with the operation of this service or damages or may damage Liberius' credibility
Actions that are or may be useful to our competitors
Reproducing, distributing, or disclosing any part of this service.
Modifying, deleting, decompiling, disassembling, or reverse engineering programs related to this service or Liberius' site, or using network monitoring or detection software to determine the site architecture of Liberius' site.
Interfering with or impairing the integrity or security of the system of this service, or attempting to decrypt transmissions to or from the server running this service
Uploading invalid data, viruses, worms, or other software agents through the Service
Collecting or acquiring personally identifiable information (including user IDs) through the Service (including user IDs) collected or acquired through the Service.
Use of the Service for commercial purposes or for the purpose of benefiting a third party, except as expressly permitted under these Terms of Use or as otherwise approved by Liberius.
Acts that directly or indirectly cause or facilitate any of the aforementioned acts
Other activities that Liberius deems inappropriate

Article10. Use of Name and Others

10.1　During the terms of the Service Use Contract, the User grants Liberius the right to use for free of charge the User’s name, logo, trademark, utilization record, and other information related to the User on the Company Site, LP, flyer, press release, sales materials, and media equivalent thereto.

10.2 Subject to Liberius obtaining prior approval from the User and complying with the User's trademark guideline, the User agrees to collaborate with Liberius, within six (6) months from the date the Service Use Contract is executed, to issue press releases regarding the Service's usage record.

Article11. Change, suspension and interruption of this service

11.1 Liberius reserves the right, at its sole discretion, to change the contents of the Service or terminate the provision of the Service. In the event that Liberius terminates provision of the Service, Liberius will notify the User in advance.

11.2 In any of the following cases, Liberius reserves the right to temporarily suspend or discontinue all or part of the Service without prior notice to the user.

When performing periodic or emergency inspections or maintenance work on computer systems related to this service.
When the provision of this service becomes difficult due to computer or communication line failures, mishandling, excessive concentration of access, unauthorized access, hacking, or other unforeseen factors.
In the event of security problems related to this service
In the event that this service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, epidemic of disease or infectious disease, etc.
When it becomes difficult to operate this service legally
In any other cases where Liberius reasonably determines that suspension or interruption of the Service is necessary.

11.3 In no event shall we be liable for any damages incurred by you as a result of actions taken by us in accordance with this Article.

Article12. Cancellation

12.1 The User may terminate this Service Agreement by notifying Liberius one month advance in the manner prescribed by Liberius. In this case, the User shall no longer be able to use the Service from the time the cancellation takes effect as specified by Liberius. However, during the usage period of the paid services corresponding to the usage fees already paid to Liberius, neither this Service Agreement nor the paid member registration shall be terminated, and this Service Agreement shall be terminated at the end of such usage period.

12.2 Upon termination of this TOS, we will not refund any fees received for paid services or other services.

12.3 Upon termination of the subscription, the User shall lose the benefit of time with respect to all debts owed to Liberius, if any, and shall immediately pay all such debts to Liberius.

12.4 If a user loses the right to use the Service, for any reason, including but not limited to, if the user has mistakenly completed the cancellation procedure, the user will not be able to use the user ID, user contents, or other information stored on the Service.

Article13. Release

13.1 If a user falls under any of the following items, we may temporarily restrict the user's use of the Service or terminate this User Agreement without prior notice or demand to the user.

If Liberius violates any provision of these Terms and Conditions or any of the guarantees given (the proviso of Article 541 of the Civil Code shall not apply).
If any of the reasons for refusal of registration in each item of Article 4.2 are applicable.
Where Liberius ceases to make payments or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
When a resolution or decision is made to commence proceedings for dissolution or liquidation
If you have not responded to our inquiries or other communications requesting a response for more than 7 days
Other cases in which we deem you to be unsuitable as a user

13.2 If a user falls under any of the items of the preceding paragraph, the user shall naturally lose the benefit of time with respect to all debts owed to Liberius, and shall immediately pay all debts owed to Liberius.

13.3 Liberius shall not be liable for any damages incurred by the user as a result of actions taken by Liberius under this Article, and shall not refund the usage fees for the paid services.

Article14. Intellectual Property Rights

14.1 All intellectual property rights (excluding User Content) related to the Service are the property of Liberius or the party that has licensed the Service to Liberius. The conclusion of this User Agreement or the granting of a license to use the Service does not imply the granting of a license to use the intellectual property rights related to the Service.

14.2 You represent and warrant to us that you have the legal right to use the User Content through the Service, that the User Content is true and accurate, and that the User Content does not infringe the rights of any third party.

14.3 Intellectual property rights in the User Content belong to and are reserved to the User or the party that has licensed the User to use the User Content. However, we may use User Content free of charge within the scope of the purpose of providing the Service to such User.

14.4 User agrees not to exercise any moral rights in User Content against Liberius or any person designated by Liberius

Article15. Waiver and Indemnification

15.1 Liberius provides the Service as is, and Liberius makes no warranty, express or implied, that the Service is fit for a particular purpose, accurate, useful, true, merchantable, or fit for purpose, etc., as expected by the user, or that it conforms to laws and regulations, etc. The Service does not guarantee the accuracy, usefulness, truthfulness, merchantability, fitness for purpose, etc., expected by users, or compliance with laws and regulations.

15.2 We are under no obligation to store any registration information, User Content or any other information about you.

15.3 We are not responsible for any services, information, or management of personal information provided by third parties who are providers of external services linked to the Service.

15.4 Under no circumstances shall we be liable for any damage, loss, or infringement of rights resulting from hacking, tampering, or other unauthorized access to or use of the Service or User's account as set forth in this Agreement.

15.5 The User shall, at his/her own expense and responsibility, handle and resolve any transactions, communications, disputes, etc. with other Users or other third parties arising in connection with the use of the Service, and Liberius shall bear no responsibility whatsoever.

15.6 In no event shall our total liability to you for damages incurred by us in connection with the Service or these Terms of Use, whether in contract, tort, or otherwise, exceed the total amount of the usage fees actually received by us from you under this Agreement during the three (3) months immediately preceding the cause of such damages, except in cases of intentional or gross negligence on our part. In no event shall our total liability to you exceed the total amount of fees actually received by us under this Agreement during the three (3) months immediately preceding the cause of such damages, and we shall not be liable for any special, incidental, indirect, future, or lost profits damages.

15.7 User agrees to indemnify and hold harmless Liberius or its affiliates from and against any and all losses, expenses, damages, liabilities, etc. (including reasonable attorneys' fees and court costs) incurred by Liberius or its affiliates in connection with User's violation of these Terms of Use. User shall indemnify and hold Company and its affiliates harmless from and against any and all losses, expenses, damages, liabilities, etc. (including reasonable attorney's fees and court costs) incurred by Company or its affiliates in connection with User's violation of this Agreement.

Article16. Privacy

Liberius handles users' personal information in accordance with Liberius's Privacy Policy (https://www.hotelwee.com/ja/privacy-policy). The User agrees to Liberius's handling of his/her personal information in accordance with this Privacy Policy.

Article17. Contact

All communications and notifications from Liberius to the user regarding the Service shall be made through the Service screen or to the e-mail address provided by the user to Liberius

Article18. Confidentiality

18.1 User acknowledges and agrees that any information disclosed to User by Company to be handled in confidence, except with the prior written consent of Company.

18.2 Whenever requested by Liberius, the User shall, without delay and in accordance with Liberius' instructions, return or destroy the confidential information set forth in the preceding paragraph, the documents and other recorded media containing or recording such information, and all copies thereof.

Article19. Transfer

19.1 User shall not assign, transfer, pledge as security, or otherwise dispose of its position under this Service Agreement or its rights or obligations under this Service Agreement to any third party without written consent of Liberius.

19.2 In the event that Liberius transfers the business of this Service to a third party, Liberius may transfer the position, rights and obligations under the Service Usage Agreement, registered information, User Contents, and other information to the transferee of such business transfer, and the User agrees in advance to such transfer by agreeing to these Terms of Use. The User agrees to such transfer in advance by agreeing to these Terms and Conditions. The same shall apply in the event of comprehensive succession through a merger or corporate split, etc., in which Liberius becomes an extinct company or a splitting company.

Article20. Entire Agreement

This Service Use Contract constitutes the complete and entire agreement between Liberius and the User concerning the Service. Except as otherwise provided in this Terms of Service the User and Liberius mutually acknowledge that any proposal submitted by the User to Liberius, or any written document or e-mails, and any oral agreement shall not constitute the rights or obligations of Liberius or the User.

Article21. Severability

Even if any provision or part of a provision of this Agreement is determined to be invalid or unenforceable under any law or regulation, the remaining provisions or parts of this Agreement shall remain in full force and effect, and Liberius and the User shall endeavor to modify such invalid or unenforceable provision or part to the extent necessary to make it legitimate and enforceable, and to ensure that the intent of such invalid or unenforceable provision or part is legally and economically equivalent to the intent of such provision or part.

Article22. Language

The sole and only governing language of the Service Use Contract shall be Japanese language. The Service Use Contract may, for reference purpose, be translated into languages other than Japanese; provided, however, only Japanese version shall be regarded as the original and having the effect of a contract ,and such translation shall have no legal effect.

Article23. Governing Law and Jurisdiction

23.1 This Agreement shall be governed by and construed in accordance with the laws of Japan.

23.2 Any dispute that arises out of, or in connection with the performance of this Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court.