NiaHomes Terms and Conditions

1. Application of the Terms and Conditions

2. Definition of Terminology

3. Scope of Services

4. Account Registration

5. Establishment of Transactions

6. Regulations for Guests

7. Regulations for Hosts

8. Cancellation of a Transaction

9. Ratings and Reviews

10. Withdrawal of NiaHomes Account

11. Handling and Monitoring of Content

12. Prohibited Activities and Monitoring

13. Suspension of Qualification for Use

14. Disclaimer

15. Publication of Advertisements

16. Modification of the Terms

17. Prohibition of Transfer of Rights

18. Separability

19. Jurisdiction

1. Application of the Terms and Conditions


1. These terms and conditions set forth the requirements to be observed by the users (hereinafter, the “Users” regardless of whether the membership account is registered) of the reservation service for accommodation properties and related services (hereinafter, the “Services”) through the Internet website NiaHomes (hereinafter, “NiaHomes”) provided by Senlimo Inc (hereinafter, the “Company”).

2. In addition to these terms and conditions, if there are individual regulations and guidelines (hereinafter, the “Guidelines”) presented by the Company on NiaHomes, the Guidelines shall constitute a part of these terms and conditions. These terms and conditions and the Guidelines shall hereinafter be collectively referred to as the “Terms”.

3. By using the Services of NiaHomes, Users are hereby in agreement with all items of the Terms and NiaHomes’ privacy policy, which also governs Users’ use of NiaHomes and its Services.

2. Definition of Terminology


1. A “Host” shall mean a User who provides homestay accommodation and other types of services that accompany the provision of homestay accommodation through NiaHomes.

2. The “Host Services” shall mean all services provided by Hosts.

3. A “Lodging Property” shall mean any real estate which a Host resides in or owns and is used for the services relating to homestay.

4. A “Guest” shall mean those who seek to make reservations for Lodging Properties using NiaHomes.

5. A “Property Page” shall mean a website page where Hosts can publish information on their Lodging Properties and accept accommodation reservations.

6. A “Transaction” shall mean the agreement for the use of Host Services concluded between Hosts and Guests through NiaHomes.

7. A “Visitor” shall mean those who do not register a membership account among the Users.

3. Scope of Services


1. The main content of the Services are as follows:
(1) Services that allow Guests to reserve and experience Host Services posted by Hosts through NiaHomes;
(2) Services that allow Guests and Visitors who wish to book Host Services to communicate with Hosts about the details of their Host Services through NiaHomes.

2. Hosts alone are responsible for posting information of their Lodging Properties and Host Services on their Property Pages, and the Company shall not be responsible for the provision of such information or the Host Services. In addition, the Company is not a real estate broker or insurer and does not act as an agent for any User.

3. To support Users who speak different languages, some of the information on Property Pages may be translated into other languages. The Company shall not be responsible for the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.

4. The Company may use third party services (hereinafter, the “Third-Party Services”) such as Google Maps or Google translation in providing the Services. Users are responsible for referring to the terms of use and privacy policies of such Third-Party Services. The Company does not and shall not be responsible for any warranty (including, but not limited to, warranties of availability and accuracy) with respect to such Third-Party Services and contents, products, or services available from such Third-Party Services.

4. Account Registration


1. When a User wishes to use NiaHomes, the User shall register the membership account (hereinafter, the “NiaHomes Account”) pursuant to the procedures prescribed by the Company.

2. The NiaHomes Account can only be registered by Users who are 18 years of age or older and who are legally qualified and authorized to enter into a legally binding agreement. Provided, however, that if the User is a minor, the consent of a legal representative such as a parental guardian is required in advance, and the Company may contact the legal representative for confirmation of the consent. In addition, the Company shall not take any responsibility for any errors in the registration details of the User’s NiaHomes Account.

3. Users shall register the NiaHomes Account independently and enter the necessary information accurately without falsification. The Company shall not be responsible for any damage caused by the incorrect information entered by Users.

4. The Company will request, to the extent permitted by applicable laws and regulations, Japanese nationals and foreign nationals residing in Japan to present their identity documents issued by the government, such as a passport, residence card, or driver’s license, when registering their NiaHomes Accounts, or for foreign nationals not domiciled in Japan, to present their government issued identifications such as a passport. The Company may also collate Users with third party databases or other sources. NiaHomes Account registration will be completed after the identity confirmation is completed by the Company.

5. A User is not allowed to create multiple NiaHomes Accounts. In addition, Users may not assign, transfer, or pledge the NiaHomes Account to a third party.

6. In the event of any change in the information registered in the NiaHomes Account, Users shall immediately notify the Company or change the information registered from the profile page.

7. The Company may refuse to register the NiaHomes Account or freeze the account if any of the following applies:
(1) Where a User is a minor, an adult ward, a person under curatorship or a person under assistance who has not obtained the consent of a legal representative, a guardian, a curator, or an assistant;
(2) Where the Company considers that there has been or may be a breach of the Terms;
(3) In the event that a User’s registration of NiaHomes Account has been cancelled in the past;
(4) In the event the registration contents contain any inaccurate information or false information;
(5) Where a User has conducted or is likely to conduct any act that interferes with the Company’s operation, provision of services, or use of the Services by other Users;
(6) Where a User already using the Services has applied for a NiaHomes Account redundantly;
(7) Where a User has neglected in the past to pay monetary debts owed to the Company;
(8) Where a User belongs to anti-social forces (refers to an organized crime group, a member of an organized crime group, a person for whom five years have not elapsed since having ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a general assembly person, a special intelligence violence group, or any other person equivalent thereto), or where the Company considers that the User is engaged in any exchange or involvement with any anti-social force, such as cooperation or involvement in the maintenance, operation, or management of an anti-social force through funding or in any other fashion;
(9) Any other case where a User is deemed by the Company to be inappropriate for registration.

8. In the event the User is subject to the measures set forth in the preceding clause, the Company shall not be obliged to disclose any details of the rejection of the application or the freezing of the account. In addition, the Company will bear no responsibility with respect to any damage that may have occurred to a User as a result of the account registration not being approved.

9. Users shall responsibly store the login information, such as the password of the NiaHomes Account, and implement appropriate management such as periodically changing the login information so that the password will not be revealed to others. It is considered that the Services are being used by the User when the input email address and password match a record registered with the Company and is confirmed by the Company’s prescribed method. In such cases, the Company will bear no responsibility whatsoever for any losses, arising from fraudulent or illegitimate use, or other use of the Services by a person other than the User, except in the case where the Company acted in a way that intentionally, or in any similar way, lead to the leakage or misrecognition of the password.

5. Establishment of Transactions


1. When a Guest makes a booking request to reserve Host Service through NiaHomes after completing the NiaHomes Account registration, the Company notifies the Host of the booking request and the Host accepts or declines the booking request within the time specified by the Company. A legally binding Transaction is established between the Host and the Guest as of the time the Host accepts the booking request and sends the information to the Company in accordance with the contents set forth on the Property Page at the time the booking request is made.

2. When a Host accepts a booking request, in order to prove the establishment of the Transaction, the Company shall deliver a booking confirmation email containing the details of the booking to the e-mail address designated in advance by the Guest. In addition, Guests can also confirm the contents of the booking using the Booking History function from his/her My Page of NiaHomes. Even in the event that a Guest is unable to receive the booking confirmation email due to a reason not attributable to the Company, such as a failure in the communication lines or an error in the e-mail address, or that the booking contents on My Page cannot be checked, the Transaction shall still take effect.

3. Settlement of fees for Transactions (hereinafter, the “Transaction Fee”) conducted on NiaHomes shall be made using the settlement agent company or other services designated by the Company. Guests agree that, upon the establishment of a Transaction between the Guest and the Host pursuant to the provisions of this article, the Transaction Fee shall be settled based on the payment information registered in advance by the Guest. The Transaction Fee shall mean the total amount of a room rate (hereinafter, the “Room Rate”), which is charged in consideration for the use of the Host Service, a service fee (hereinafter, the “NiaHomes Service Fee”), which is charged in consideration for the use of the Services, and the consumption tax on the NiaHomes Service Fee. Details of the calculation method and payment method thereof shall be displayed on NiaHomes.

4. When a Transaction is established between the Guest and the Host, the Guest shall be deemed to have accepted the obligation to pay the cancellation fee as set forth in Article 8.

5. Following the establishment of Transactions, Guests may notify Hosts through NiaHomes of their willingness to use or participate in the paid or free-of-charge optional services or activities provided by the Host as part of the Host Services. Fees for any paid optional services or activities used or participated in by the Guest while staying will be settled locally in cash prior to checkout. The settlement shall be made at the responsibility of both the Guest and the Host based on the consent of both parties and the Company shall not be responsible for such payments or receipt of money.

6. Regulations for Guests


1. NiaHomes provides a system for conducting Transactions between Hosts and Guests, and the Company does not guarantee the accuracy, veracity, validity or legitimacy of the information provided by Hosts or the establishment of Transactions beyond the scope required by law by the Company. When a Guest needs information about the details of any Host Service, the Guest shall be responsible for communicating with the Host to gain such information.

2. Guests shall pay the Transaction Fee as determined by the Company with respect to the use of the Services. The Company is entitled to change the NiaHomes Service Fee. The NiaHomes Service Fee stipulated for the Host Service at the time of booking for the Host Service by the Guest would not be affected by such changes.

3. When Guests use or participate in any paid optional services or activities provided by the Host, Guests shall pay the fees in cash to the Host as stipulated in Article 5.5.

4. Guests shall acknowledge in advance that the Host may cancel a Transaction via NiaHomes after the establishment of the Transaction. In such cases, the Company will refund the Guest the amount of money deducting the amount equivalent to the services already provided, if any, from the Transaction Fee that the Guest has paid within a reasonable period of time.

5. Guests acknowledge in advance that, in cases where the Guest suffers losses due to the circumstances of the Host, the Guest may not be able to claim compensation for losses from the Host, more than the Transaction Fee of the Transaction giving rise to said losses.

6. In using the Services, Guests shall guarantee that the contents declared at the time of registration of the NiaHomes Account are truthful, and if the Company, a User, or another third party should suffer losses as a result of a lack of accuracy of truthfulness in said contents, the Guest has the obligation to compensate the affected party in respect of the entire losses suffered.

7. Regulations for Hosts


1. The Lodging Properties that Hosts can post on NiaHomes shall fall under any of the following:
(1) Properties for which Hosts have received certification under the Private Lodging Business Act;
(2) Properties for which accommodation services can be provided to the extent that they do not conflict with the Hotel Business Act, Private Lodging Business Act, or other relevant laws and regulations.

2. Hosts shall ensure that the Lodging Properties posted by Hosts on NiaHomes meet all of the following conditions:
(1) Homestay-type housing where the Host resides in the Lodging Property or resides on the same premises or in neighboring residences, while maintaining their availability to interact with Guests on a daily basis;
(2) The provision of Host Services does not violate any contract concluded with a third party (such as a management association contract);
(3) Complying with all applicable laws and regulations (including the Urban Planning Act, Building Standards Act, Fire Protection Act, tax laws, and applicable local government ordinances) and other rules and regulations, and obtaining all necessary approvals, licenses, registrations, notifications.

3. When registering as a Host of NiaHomes, in addition to the identity confirmation set forth in Article 4.4, an examination shall be conducted according to methods prescribed by the Company, such as whether or not a Private Lodging Business Operator number has been issued and whether the Lodging Property to be posted is applicable to legitimate property and corresponds to the homestay-type conditions designated by the Company. The Company shall be entitled to request the Host to submit the identification documents, photographs, and other documents or information to confirm the identity of the Hosts in connection with the verification and examination of the Hosts. When the Host passes the examination, the Property Page will be posted on NiaHomes, and Guests will be able to make a booking request for the Lodging Property. The Company shall not be obliged to notify the Host of the reason for the failure by the Host to pass the screening.

4. Prior to posting of Lodging Properties falling under Item 1 of Paragraph 1 of this Article on NiaHomes, Hosts must have submitted a notification as a Private Lodging Business Operator under the Private Lodging Business Act and been issued a notification number. In the event that a notification has not been filed or the notification number is yet to be issued after filing a notification, the Host’s Property Page will be published on NiaHomes after the Company confirms that the notification number has been issued.

5. Hosts are required to post accurate, up-to-date and complete information about Lodging Properties and Host Services on the Property Pages. In addition, all information stated on the Property Pages must comply with the Terms and other rules determined by the Company.

6.In the event any information or its translation on the Property Page are found to be contrary to the latest descriptive provisions as prescribed by the Company or to be contrary to the facts, the Company shall have the right to amend or delete the applicable information and the translation or to request the Host to modify or delete the applicable information and the translation.

7. Room Rates shall be set by each Host. Hosts may not change the amount posted at the time when a Guest sends a booking request to a higher amount after said booking request was sent, unless expressly agreed to by the Company and the Guest.

8. The Company shall pay Room Rates to Hosts by the due date for payment as separately set forth by the Company in accordance with the methods separately set forth by the Company. In the event any information of a bank account to receive the Room Rates registered by the host is found to be incorrect and a refund fee is incurred due to such incorrect information, the host shall bear the refund and retransmission fees.

9. Hosts shall be solely responsible for determining whether they are obligated to report, collect and pay any applicable consumption, income or other taxes.

10. In addition to the cases as set forth in Articles 12 and 13 hereof, in the event the Company considers that a Host falls under any one of the following items, the Company shall not grant the use of the Services, shall be entitled to cancel the NiaHomes Account of the Host, withdraw from membership, suspend the use of the Services in whole or in part, or take any other measures deemed necessary by the Company without prior notice, and the Company shall not be responsible for any damage or disadvantage to the Host as a result thereof. The Host shall not be entitled to request the disclosure of the reasons for the Company’s actions or to file any objections.
(1) In the event the Lodging Property registered on NiaHomes is found to be not satisfying the conditions set forth in Paragraphs 1 and 2 of this Article.
(2) In the event that the Host does not respond to a request for the provision of information or disclosure of materials necessary for the examination specified in Paragraph 3 of this Article.
(3) In the event that it is found that the information on the Property Page or the Host Services provided by the Host are in violation of Paragraph 5 of this Article.
(4) In the event the Host registers any real estate which is not domiciled or owned by the Host as a Lodging Property.
(5) In the event that the Host cancels Transactions more than three times in one year where there are no special circumstances.
(6) Where there has been a reasonable complaint from Guests about the provision of the Host Services and the Company has determined that the continuation of the provision of the Host Services by the Host is inappropriate.

11. In the event the Host is subject to the measures set forth in the preceding clause, the Company reserves the right not to pay the Room Rates for the Host even if the Host Service has already been provided to the Guest.

8. Cancellation of a Transaction


1. When canceling an established Transaction, a Guest shall cancel the Transaction from the Booking History function on the My Page of NiaHomes, and the cancellation shall take effect when the Transaction has been deleted from the Booking History function on My Page.

2. If a Guest cancels an established Transaction or Host Service(s), either before or after check-in, the cancellation fee shall be charged subject to the following conditions, unless otherwise stipulated by the Company.

Timing of Cancellation
(Japan time)
Cancellation Fee
From the establishment of the Transaction
to eight (8) days before check-in
NiaHomes Service Fee
and the consumption tax
Seven (7) to two (2) days before check-in 50% of the Transaction Fee
(for all booking period)
One (1) day before check-in 70% of the Transaction Fee
(for all booking period)
On and after the check-in date
(including cancellation without notice)
100% of the Transaction Fee
(for all booking period)


3. In the event the remaining amount after deduction of cancellation fee as set forth in the preceding clause is to be refunded, the Company shall, in principle, reimburse such remaining amount to the Guest by the end of the month following the month of cancellation. However, due to circumstances such as the transaction policies of credit card companies, the refund may be delayed, and the Guest shall be made aware of such delay in advance. In addition, the Guest shall bear the refund fee.

4. As an exception to the cancellation fee, if a Guest cancels the relevant Transaction within 48 hours after establishment of the Transaction and 8 days before the check-in, the NiaHomes Service Fee will be refunded to the Guest once within a calendar year (January 1 to December 31 of the same year).

5. In the event a Host wishes to cancel any Transaction already established due to unavoidable circumstances, the Host shall notify the Company to that effect. If the Host Service has already begun to be provided, the Company will refund the Guest the amount of money deducting the amount equivalent to the services already provided, if any, from the Transaction Fee that the Guest has paid within a reasonable period of time.

6. If a Host cancels an established Transaction without special circumstances, the following penalty will be deducted from the Host’s first payout of the Room Rate after a cancellation (If the amount to be received is less than the penalty, the balance of the penalty shall be deducted from the next payout of the Room Rate thereafter.)

Timing of Cancellation
(Japan time)
Penalty
From the establishment of the Transaction
to eight (8) days before check-in
3,000 Japanese Yen
Less than seven (7) days before check-in 7,000 Japanese Yen


7. In the event of cancellation made by a Host, the penalty may be waived depending on the reason for cancellation or the number of previous cancellations of the Host.

8. The Company may, in its sole discretion, cancel an established Transaction for any of the reasons indicated below. In such cases, the Company shall be entitled to determine the amount to refund to the Guest or the amount of payout to the Host within a reasonable scope, taking into account the reason for the cancellation.
(1) Where it becomes impossible or difficult to make a stay due to death or serious illness of the Host or Guest, travel restriction, destruction of the Lodging Property, or other reasons.
(2) Where it becomes impossible or difficult to make a stay due to natural disasters, outbreaks of infectious diseases, conflicts, or other reasons in the country or regional area where the Host or Guest resides.
(3) Where the Company reasonably considers that it is necessary to prevent serious injury to the life, body or property of the Hosts, Guests, the Company, or third parties.
(4) Where there is any other cause provided for in the Terms.

9. Ratings and Reviews


Guests and Hosts can post a star rating (hereinafter, “Rating”) and review (hereinafter, “Review”) with each other within a certain time period after completion of a stay. Visitors are not allowed to post a Rating or Review.

10. Withdrawal of NiaHomes Account


In the event any person who has registered the NiaHomes Account wishes to withdraw from the membership, the User should follow the withdrawal procedure prescribed by the Company, without delay. Upon completion of the prescribed withdrawal procedure, the User is withdrawn from eligibility as a registrant of the NiaHomes Account.

11. Handling and Monitoring of Content


1. The Company reserves the right to all contents provided through the Services and shall grant the Users a non-exclusive license to use the Services that cannot be assigned or sublicensed.

2. Users are prohibited from reproducing, transmitting, transferring (including buying and selling between users), renting, translating, adapting, reproducing, using for-profit, modifying, disassembling, decompiling, reverse engineering. in any manner beyond the scope of use set forth by the Company.

3. Notwithstanding Clause 1 of this article, in the event a User loses the User’s qualification due to withdrawal, the User’s right to use the provided contents shall also be extinguished.

4. Users must post information so as not to infringe the copyrights of third parties. Unauthorized reproduction of text, from various information media, such as the Internet, TV, magazines, and books, is prohibited. Provided, however, that this provision shall not apply where prior approval of the right holder has been obtained.

5. The copyright (including all copyrights set forth in Articles 21 to 28 of the Copyright Act) to the contents (still pictures, video, character information, and any other information) posted or otherwise transmitted by the User on the Services shall belong to the User. Provided, however, that at the time of transmission of the content, the User shall grant the Company free and non-exclusive use of the content in Japan and overseas.

6. Users shall not exercise the moral rights of author within the Services.

7. Users shall not create, upload, post, or transmit any information that falls under any of the following:
(1) Information that is likely to cause damage to the rights and properties of third parties;
(2) Information that can be harmful to third parties or that can physically or psychologically harm third parties;
(3) Information that belongs to a crime, tort, or dangerous act, and information that aids or abets them;
(4) Information which is intended to give or is likely to give rise to illegality, harmfulness, threat, abuse, racial discrimination, defamation, libel, insult, harassment, instigation, or offence;
(5) Information that is contrary to facts or known to be nonexistent or misleading;
(6) Information that the User does not have the right to control himself/herself;
(7) Information that infringes intellectual property rights or other proprietary rights, including the copyrights of third parties, or that infringes the public interest or the rights of individuals;
(8) Images, documents. subject to obscenity, child pornography, or child abuse;
(9) Those prepared, uploaded, posted, or transmitted by pretending to be others;
(10) Those to promote any services of the User or any third party (excluding the Services provided on NiaHomes);
(11) Other information that the Company considers inappropriate.

8. In the event the Company considers that a User has violated the Terms or has acted inappropriately in light of the intent of the Terms, the Company may change or delete any and all content posted by the said User without prior notice. In addition, the Company shall not be responsible for any damages incurred by the User in this case.

12. Prohibited Activities and Monitoring


1. In using the Services, Users are prohibited from conducting the following actions:
(1) Actions that violate the Terms, relevant laws, or other regulations as determined by the Company;
(2) Actions that infringe or may possibly infringe upon the rights, interests, or reputation of the Company or any third party;
(3) Actions that are or are likely to be contrary to public order and morals;
(4) Actions that lead to or are likely to lead to criminal or criminal conduct;
(5) Actions that unjustly cause inconvenience to other Users or third parties;
(6) Registering NiaHomes Account or posting Property Pages based on false, inaccurate, deceptive, incorrect or incomplete information;
(7) Using the Services or contents provided on NiaHomes for commercial, marketing, advertising or other purposes not expressly permitted by the Terms;
(8) Using or providing Lodging Property information, personal information, or other information of Users obtained through NiaHomes and the Services to a third party for any purpose other than the use of the Services without the express consent of such Users;
(9) Communicating with other Users through NiaHomes and, irrespective of the use of the Services, induce them to another transaction method, including direct transactions between Users, to avoid payment of the NiaHomes Service Fee, or for any other reason, irrespective of whether or not the Transaction is established;
(10) Transmitting information to the Company impersonating another person;
(11) Posting a large amount of Rating, Review or other information of the same or similar content;
(12) Transmitting spam, chain letters, junk mails on NiaHomes, or by using NiaHomes’ or the name of the Company, and installing and directing URLs for spam and malware sites in messages between Hosts and Guests;
(13) Repeatedly cancelling established Transactions without legitimate reason;
(14) Discrimination or harassment based on race, country of origin, religion, sex, gender perception, physical or mental disability, health status, marital status, age, sexual orientation, or any violent, harmful, abusive or destructive act;
(15) Interfering with or adversely affecting the operation or service provision of NiaHomes;
(16) Any and all other actions which the Company, in its discretion, considers to be inappropriate.

2. The Company shall, at its discretion, conduct monitoring to ensure that Users are using the Services properly, and Users shall agree thereto.

13. Suspension of Qualification for Use


1. Where a User violates the prohibitions as set forth in Paragraph 1 of Article 12, or where the Company considers that the User comes under any of the following items, the Company may, without prior notice, take measures such as cancellation of user qualification, deletion of all or part of content and information related to the User, denial of access to all or part of the Services, or functional restriction. In addition, Users shall not be entitled to request the disclosure of the reasons for the Company’s actions or to file any objections:
(1) In the event of any misconduct, such as the unauthorized use of a password or the Services;
(2) In the event the User fails to follow the procedures required under the Terms or communicate with the Company in relation to the Terms;
(3) In the event where the information registered by the User overlaps with the existing registration;
(4) In the event that the User does not submit materials or documents to confirm or certify the registered information;
(5) Cases where communication with the User becomes no longer possible;
(6) In the event that the User falls into a state of asset deficiency, lack of funds, suspension of payments or insolvency;
(7) In the event either or both of the Clearing Provider or the Payment Agent requests the User to suspend the use of the Services or in the event a measure is taken to suspend the provision of the Payment Services to the User.
(8) Where a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or other applicable bankruptcy proceedings is filed against the User or the User is dissolved or suspended from business.
(9) In the event that the User has violated the Terms and its use of the Services has been suspended in the past;
(10) When the User belongs to or is found to be related to anti-social forces or organizations engaged in anti-social activities;
(11) In the event that the User does not have the capacity to effectively perform a juristic act (excluding cases where the capacity is supplemented by the consent of a legal representative);
(12) In the event the Company considers, in its discretion, that it is appropriate to take any of the measures set forth in this article.

2. The Company shall be entitled to prohibit the User whose user qualification has been cancelled from using or accessing the Services provided by the Company in the future. In such a case, the Company may erase the User’s NiaHomes Account, Property Page, and the content already posted, and such User shall have no right to recover such information.

3. The Company shall not be liable, directly or indirectly, for any damages caused by the measures set forth in this article.

14. Disclaimer


1. These Services provide a system for sharing information on the use of Lodging Properties between Users through NiaHomes. Users shall be responsible for the content of the information registered in NiaHomes, and the Company does not guarantee the accuracy, completeness, or usefulness of the information. Negotiations between Hosts and Guests regarding the terms and conditions of the Host Service are not included.

2. Any Transaction relating to the Services shall be concluded directly between Hosts and Guests, and in the event of any dispute between the Host and the Guest (including, but not limited to, any claim by the Host for damage caused by the Guest to the Lodging Property), the parties hereto shall settle such dispute, and the Company shall not be responsible for any dispute between the Host and the Guest, whether or not related to the operation of the Services.

3. Users are responsible for checking, at his/her own expense, that use of the Services does not conflict with any laws, or internal business regulations. The Company shall not guarantee that the use of the Services by Users complies with laws, or internal business regulations. which may apply to the User.

4. The Company may provide Users with reference information on laws and regulations applicable to the use of NiaHomes, but Users shall be responsible for making decisions on the accuracy and recentness of such information, and the Company shall not be responsible for any liability arising from the reliance on the provision of such information.

5. The Company shall not be responsible for any damages incurred by the User in the event that the Services are suspended in whole or in part due to natural disaster, war, terrorism, riots, establishment, revision, or abolition of laws and regulations, intervention or order by a governmental agency, interruption of electric power, failure of communication lines or computer systems maintenance, interruption, delay, discontinuation, or loss of data, unauthorized access of data, accidents of transportation facilities, labor disputes, accidents of equipment.

6. The Company cannot guarantee that emails or web content sent by the Company in relation to the Services will be free from harmful content, such as computer viruses.

7. When Users use the Services, the User’s usage environment, such as the network, computer, and software used by the User, must be prepared and maintained at the User’s own expense. The Company shall not be responsible for any damage, caused by the condition of the User’s usage environment.

8. The Company shall not be responsible for any damage caused by the delivery failure of e-mail sent by the Company to the User due to a defect in the e-mail environment or communication lines of the User.

9. The Ratings and/or Reviews posted on NiaHomes may not reflect or have been verified by the Company to be accurate, and they may be inaccurate or misleading. The Company shall not be responsible for any damages resulting from the User’s reliance on such evaluation or review.

10. The Company may translate all or any part of NiaHomes, Property Pages, and other content into other languages. The Company does not warrant the accuracy or quality of such translation and shall not be liable for any damages arising out of or in connection with such translation.

11. The Company shall not guarantee to any User the authenticity, accuracy, reliability. of the information posted to NiaHomes by the Company or Users and shall not be responsible for any damages incurred by the User as a result of such information.

12. In addition to each of the above items, the Company shall not be responsible for any damages incurred by the User in the use of the Services except in the case where the Company acted in a way that intentionally, or in any similar way, resulted in the preceding clauses. Although the Company is held liable in accordance with the provisions of any of the preceding clauses, the Company shall be liable only for direct and ordinary damage incurred by the User, up to the maximum amount of consideration for the Transaction that caused said damage.

15. Publication of Advertisements


The Company may, in its sole discretion, place advertisements on the NiaHomes as it deems appropriate and Users shall be deemed to have understood and accepted such placement of advertisements. The form and scope of advertising on the Services may be changed by the Company from time to time.

16. Modification of the Terms


1. The Company may modify the Terms (including addition or deletion; the same shall apply hereinafter in this article) without prior notice to Users. In the event the Company makes changes to the Terms, the revised Terms shall be posted on NiaHomes and the “Last updated” date shall be renewed.

2. Users shall confirm the Terms whenever they use the Services, and in the event Users use the Services after the revision of the Terms, the Company shall deem that the User has accepted the revised Terms.

17. Prohibition of Transfer of Rights


1. Users may not, without prior written consent from the Company, transfer, convey, or entrust to a third party, or otherwise dispose of, the contractual position between the Company and the User based on the Terms or the rights and obligations deriving from the Terms.

2. The Company may, in its sole discretion, transfer the business relating to the Services to another company. In such a case, within the scope of the assigned rights, all rights of the Users pertaining to the Services, including the Users’ accounts, shall be transferred to the transferee. The transfer of business stipulated in this provision relates not only to normal transfer of business, but also includes segregation and any other case of transfer of the business.

18. Separability


If any provision of the present Terms or a part thereof is considered to be invalid or unenforceable due to the Consumer Contract Act or other legislation, the remaining stipulations of the Terms and the remaining portions of stipulations considered to be partially invalid or unenforceable will continue to have full validity.

19. Jurisdiction


The Terms shall be governed by the laws of Japan. All disputes regarding the Terms shall be resolved by the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

Last updated: January 1, 2021

Senlimo Inc.

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