Terms of Service

General

This Terms of Service and individual terms related to this Terms of Service (hereinafter collectively referred to as “the TOS”) applies to all the individuals and companies that use the services for matching of reservation of the services of the service provider through the salon reservation website Popcorn (http://popcorn.coubic.com, hereinafter referred to as “this Website”) and the salon reservation app Popcorn on the mobile terminal (limited to those terminals with which the OS “iOS” provided by Apple Inc. or the OS “Android” provided by Google Inc. can be used, hereinafter referred to as “Mobile Terminal(s)”) of Coubic Inc. (hereinafter referred to as “we”, “us”, or “our”) (hereinafter referred to as “this Service”).

Article 1. Application of the TOS

  1. By using this Service, you are agreeing to all the provisions in the TOS. In the case that the provisions of the TOS contradict or conflict with those of individual terms, the individual terms supersede.
  2. If you do not agree with the TOS, you are not allowed to use this Service.

Article 2. Definition of Terms

  1. “Member” refers to an individual or company who have registered the membership to this Service or other website as designated by us.
  2. “User” refers to members, applicants of the membership registration, applicants of the service provision, audience of this Service, all the individuals and companies who use this Service (“Use” includes browsing of this Service, posting, and writing.).
  3. “Service provider” refers to an individual or company who provides or tries to provide a service that is reserved in this Service.
  4. “Service to provide” refers to a service that is reserved in this Service and provided or is to be provided by the Service provider.
  5. “User of the service provided” refers to an individual or company who uses or tries to use the service provided by the Service provider.

Article 3. Membership Registration

  1. User of the service provided who tries to apply for the reservation to receive this Service or the Service provider who tries to provide the Service to provide shall agree to this TOS and apply for the membership registration through the procedures designated by us.
  2. Any temporary user who temporarily uses the reservation of the Service to provide by executing a simple information registration such as contact address is considered as the user and this TOS applies to such temporary users.
  3. In the case we make a discretionary decision that an applicant of the registration according to the Section 1 falls under anyone of the following cases, we may refuse the registration of the applicant concerned (including the case that it is found that the applicant falls under anyone of the following cases after the membership registration). In this case, we will not disclose the reason to the applicant.
    1. When the applicant violates the prohibited matters under the TOS;
    2. When the applicant has violated the TOS before, the applicant of the membership registration is a person whom we deem ineligible, or the applicant of the membership registration is a user who has fallen under these cases before;
    3. When it is considered that the applicant has a difficulty in communicating with us, other Users of the service provided, or Service providers.
    4. When an applicant is a minor, adult ward, warrantee, or person under conservatorship and consent or other appropriate agreement is not obtained from the legal representative, conservator, curator or assistant;
    5. When the applicant is an anti-social power, etc. (This term refers to crime syndicate, crime syndicate member, rightist member, anti-social forces, and other equivalent persons. The same shall apply hereafter.), or has some exchanges or relation with the anti-social power, etc. by cooperating or involving the maintenance, operation or management of the anti-social power, etc. through funding or other measures; or
    6. When we decide that acceptance of the membership registration application is inappropriate for the reasons other than those described above.

Article 4. Membership Qualification

Any person under 18 years of age is not qualified for the member of this Service.

Article 5. Conclusion of the Contract

  1. If the User of the service provided applied for the reservation of the Service to provide through this Service, the contract for the use of the concerned service (hereinafter referred to as the “Sales Contract”) shall be deemed concluded between the User of the service provided and us at the time when the screen showing the completion of reservation for the concerned application for reservation is displayed. In case if the reservation number has been issued but the reservation number has not been displayed on the screen of the terminal of the User of the service provided due to any failure of telecommunication, the Sales Contract shall be deemed concluded if the User of the service provided can confirm the reserved detail using the reservation inquiry function of this Service.
  2. In case of the preceding paragraph, we will send a “reservation acceptance e-mail” describing the reservation number to the e-mail address designated by the User of the service provided for the purpose of evidencing the conclusion of the Sales Contract. Incapability of receiving the reservation acceptance e-mail due to any reason not attributable to us such as failure of telecommunication or wrong e-mail address shall not affect the conclusion of the Sales Contract.

Article 6. Payment Method

Payment of the fees for the Sales Contract concluded through the use of this Service shall be made by upfront credit card transaction in accordance with the following provisions:

  1. The User of the service provided shall pay the fees to us through the settlement proxy designated by us using the designated credit card.
  2. The credit card available for payment referred to in the preceding paragraph shall be the card of the User of the service provided himself/herself.
  3. The User of the service provided shall not use a card of other person, shall not enter false credit card information, and shall not conduct other action which we deem improper. We may claim for damages arisen from the aforesaid action by the User of the service against the User of the service provided.
  4. In case where other fees or charges incur, including taxes or other service fees other than the fees for the Sales Contract concluded by the use of this Service, the User of the service provided shall pay such tax or fees directly to the corresponding institution.

Article 7. Change and Cancellation of the Reservation

  1. Change and cancellation of the Sales Contract through this Service is not available because the reservation for this Service is accepted on the same day this Service is provided.
  2. If, after the conclusion of the Sales Contract, the User of the service provided did not use this Service without prior informing his/her intention to cancel to the Service provider, fees paid by such User of the service provided shall not be refunded at all.
  3. If the User of the service provided could not use the service after the conclusion of the Sales Contract due to specific circumstances on the part of the Service provider, we will cancel the service after the fact of such non-availability is confirmed. Provided, however, such non-availability shall be reported to us within two (2) weeks from the occurrence.

Article 8. Precautions for Use

  1. The availability status and/or the fees for the Service to provide in this Service may differ from the information provided by the Service provider in other place.
  2. The Service provider listed in this Service may change the information on the fees. Fees after such change shall be applied only to those who made reservation after such change of the fees. For those who made reservation before such change of the fees, the fees at the time of the reservation shall be applied.
  3. The Service provider listed in this Service may be changed (including addition to the list and termination of participation) without prior notification to the users due to our or such Service provider’s circumstances.
  4. When using this Service, a user shall prepare the necessary communication environment, hardware, and software at its own expenses and responsibility to use this Service. Communication cost to use this Service are to be paid by the user.
  5. In the procedures for membership registration, necessary information shall be accurately entered without any false descriptions. E-mail address to use shall be the one which is used daily and whose contents received can be checked daily.
  6. Member is responsible for managing the member ID and password for registration.
  7. Member shall not provide use permission, conduct transfer, sell/buy, borrow/lend, succeed, grant a security, or perform other processes to any third party concerning the member ID, password, contractual status under the use contract of this Service, contractual status under the individual terms and rights and obligations under these items.
  8. Member is responsible for managing the ID and password to prevent use by a third party by setting a difficult-to-predict password, changing it on a regular basis, or taking other appropriate measures.
  9. When we confirm that the ID and password entered match the ones already registered for the member, we consider that the ID and password are used by the member himself/herself and we are not responsible for any loss or damage arising from theft, unauthorized use, or other use by a person other than the member, regardless of whether such use is caused intentionally or negligently by the member. In the case that an unauthorized use of password causes damage to us or any third party, the user other than the member shall compensate the damages concerned to us or the third party.
  10. In any one of the following cases, we may discretionary delete the contents posted by a user, stop distributing, modify the contents, and set them to non-disclosure, without prior notice.
    • When this TOS is violated. When it is determined that the contents are inappropriate in light of common sense and principles of this TOS.
    • When other user reported that the contents are unpleasant or include violation.
    • When we decide the contents are inappropriate for other reasons.
  11. We may disclose or provide the user contents within the range required to court, police, or other public institutions when we determine that such disclosure or provision is immediately necessary to protect our rights, properties, services as well as life, body, or properties of any third party.
  12. As this Service is to be provided in Japan, we are not responsible for any loss or damage related to the use outside Japan.

Article 9. Prohibited Matters

Any act that we determine that it falls under any one of the followings shall be prohibited when using this Service, regardless of whether it is conducted intentionally or negligently by a user. In the case that a user conducts prohibited action, we will delete the part concerned, stop the use of this Service, forfeit the member qualification, delete the contents posted, or take other necessary measures without prior notice at our discretion.

  1. Act violating this TOS or individual terms
  2. Prohibition of direct transaction
    • Act for direct transaction and soliciting without using this Service.
  3. Commercial act
    • Soliciting members and users to other website by using this Service for profit.
    • Posting of the contents or soliciting that we determine at our discretion that they are for Ponzi scheme, pyramid selling, multilevel marketing, chain mail, or other similar conducts.
    • Soliciting to a group, service, religion, or action that we determine at out discretion that it has no relationship or little relationship with this Service.
    • Multiple posting or distributing of the contents for the same description and purpose (spam, multiple posts, etc.) to make advertisement, notify, solicit or increase the number of accesses.
    • Political act and religious act. Note that it is not applied to a service provider who we have provided an explicit permission.
    • Secondary use and duplicating of this Service.
  4. Anti-social act, illegal act, business interference
    • Act against law or offensive to public order and morals. Contracting for such work, advance notice, promotion, or other related acts.
    • Sexual harassment, stalking, or other harassment to a third party.
    • Business interference acts such as overly repeating of inquiries or requests of reservation that is not suitable for the purpose of service provider to a Service provider
    • Medical act that we determine at our discretion that it is illegal or that it is difficult to decide whether it is legal or not.
  5. Expression implying obscene or sexual contents and violent expression.
    • Act to describe matters or expressions offensive to public order and morals.
    • Act to describe sexual contents or expressions that implicitly imply sexual contents.
    • Posting of an immodest image regardless of whether it is artistic or not.
    • Posting of grotesque or violent expressions.
    • Act that we determine at our discretion that it has an adverse effect on the personality formation, etc. of minors.
    • Expression that leads to ethnic, racial, sexual, or age discrimination.
    • Posting of unpleasant expressions for other users.
    • Expression, posting, and writing of contents that we deem inappropriate at our discretion.
  6. Act for dating
    • Act hoping for dating with a person of an opposite sex. Act hoping for dating with a person of the same sex in the similar manner as the dating with a person of an opposite sex.
    • Soliciting of having sex
  7. Act to describe private information
    • Act to describe information that can identify an individual (e-mail address, bank account number, phone number, detailed address, etc.) in the section which is open to the public and not in the section designated by this Service. Note that this does not apply to the act by a Service provider with our permission.
  8. Other
    • Act that is detrimental to copyrights, other rights, honor or privacy of us, other users, or third parties.
    • Using of the information or confidential information of other members obtained through this Service for the purposes other than those of this Service or providing of such information to a third party without prior consent of the member concerned.
    • Falsifying or destruction of this Service (including sending of unauthorized program or virus), using of vulnerability, bug, or specification insufficiency of this Service, or act to artificially occur high loads.
    • Act of impersonation to pretend to be someone by describing faulty information.
    • Transfer, sharing, or exchange of right to use this Service or position for the usage of this Service to a third party.
    • Act to use or register to this Service repeatedly by a person who has been stopped the use or cancelled the member qualification.
    • Any act that we deem inappropriate at our discretion.

Article 10. Disclaimer

  1. From time to time we may provide information (for example, recommendation, advice, etc.) to the users who use this Service, but no usefulness, adequacy nor accuracy is guaranteed by us for such information provided, and we shall not be responsible for the consequence of the user’s following such information provided.
  2. When using this Service, we shall not be responsible for non-availability of the service provision due to any trouble with a third party or system trouble.
  3. While we take all necessary measures to ensure the accuracy of the services provided in this Service, we shall not ensure the reliability and accuracy of them. Users of the service provided shall use this Service at their own responsibility.
  4. If any dispute arises between a third party (including members) and us, the concerned member and we shall settle such dispute with good faith.
  5. Even if the device, equipment, facility or software used by a user is not suitable for the use of this Service, we shall not be obliged to modify or amend the system of this Service.
  6. We shall not ensure that this Service and e-mail messages sent from us relating to this Service is free from any hazardous content such as a computer virus.
  7. We shall not be responsible for any damage caused to a user due to unauthorized access or attack to vulnerability.
  8. We shall not be responsible for any defect including inaccessibility to this Service or failure/bug of this Service or other defect of the specification of this Service.
  9. We shall not be responsible for any damage caused by interruption, delay or suspension of the system of this Service due to degradation of performance, trouble of or unauthorized access to the communication line, software or hardware.

Article 11. Discontinuation, Termination, Changing, etc. of this Service

  1. In the case that we determine that it is necessary to discontinue the provision of this Service due to an operational or technological reason; we may discontinue the provision of this Service in whole or in part for given period of time without prior notice.
  2. We may change or terminate the contents of all or part of this Service at our discretion without prior notice.
  3. We are not responsible for any damage in relation with the discontinuation, change or termination as described in the preceding section to members and third parties.

Article 12. Stopping of Use and Forfeit of Member Qualification

In the case that we determine at our discretion that a member falls under any one of the following cases, we may implement measures to stop the use of this Service in whole or in part or execute forfeit of the member qualification without prior notice. The member concerned is not entitled to demand disclosure of the reason and challenge to the measures. We are not responsible for any compensation of disadvantage or damage caused by the measures above to the member.

  • When the member violates this TOS.
  • When the member conduct illegal act or violate laws or regulations.
  • When the member belongs to an anti-social forces or a group conducting anti-social actions, provides fund, have a relationship in the management, or fall under the situations that we determine that the member has a relationship with such an organization.
  • When we determine at our discretion that the member described or posted false contents.
  • When the member files a petition for start of bankruptcy procedure, start of civil rehabilitation procedure, start of company reorganization procedure, when the member receives such a petition from a third party, when the member is subject to seizure, provisional seizure, provisional disposition, disposition for delinquency, or when the member is in the situation where the credit of the member concerned is significantly deteriorated.
  • When the member did not respond or execute obligations in good faith in using or providing the service.
  • When the member defames us or the trust of this Service or when the member interferes our business.
  • When we determine that the trouble with other user, other member, or a third party, claim, or reported violation has reached a certain level designated by us.
  • When we determine that the member is not qualified or not suitable for continuing to use this Service for the reasons other than those described above.

Article 13. Handling of Conflict

  • In this Service, all the contracts are concluded between the Service provider and the User of the service provided. Any conflict arising from the service provided shall be settled between the parties concerned and we are not responsible for any conflict processing or damage caused by the conflict. Any damage caused to us or a third party by such a conflict shall be compensated to us and a third party jointly by the Service provider and the User of the service provided.
  • When a member receives any claim or report of violation of the TOS from other member or a third party, the member shall immediately notify us and the member shall settle the issue at his own expenses and responsibility.
  • When we receive any claim from other member or other third party due to infringement of right or other reasons related to the use of this Service by the member, the member concerned shall pay the compensation and compensate the expenses (including the fees paid to our attorney) that we had to pay to the third party according to the claim concerned.

Article 14. Handling of Private Information

We manage and use the private information in accordance with the Privacy Policy that we separately establish.

Article 15. Copyright

  • User may obtain agreement from the necessary copyright holder, post and edit the contents with the text, image, video, etc. in this Service at its own expenses and responsibility. Copyright of the contents posted shall be reserved to the user or other right holder.
  • In the case of a conflict for the posted contents as described in the preceding section between the user and a third party or the right holder, the user concerned is responsible for settling the conflict concerned at its expenses and responsibility.
  • We, our partner, and our contractor have a right to duplicate, translate, reprint, publish, use for business, send to the public, distribute, process, edit, and mediate the information provided by members, etc.
  • User shall not execute the author’s moral right for the use of copyrighted work by us according to the preceding section.
  • Any information other than the contents which is posted by user and included in this Service as described in the Section 1 of this Article, know-how, software, or the accompanying intellectual right, right to use, control authority, and other rights belong to us or a specified third party. Without obtaining prior consent in writing from us, duplication, selling, reprinting, sending, and publishing are prohibited.

Article 16. Addition / Change in the Terms

  • We may change the TOS and the individual terms as needed without prior notice to users. Also, we may add any provisions to supplement the TOS and the individual terms.
  • When this TOC and the individual terms are changed and when a new provision is added to supplement the TOS and the individual terms, the TOS and the individual terms after such change or addition shall be applied the use of this Service after such change of addition. Posting of the change or addition on this Service makes it effective upon posting and it is considered that users agree to the change concerned.

Article 17. Transferability of the Terms

In the case that we transfer this Service or related business to other company (including the case of company split), rights and obligations under the TOS, contractual status, member registration items, customer registration information, and other information for this Service may be transferred to the transferee. It is considered that members have agreed to the contents of this Article.

Article 18. Severability

When a part of the provisions of this TOS is determined as invalid according to a law, the terms stipulated in the provisions other than the invalid provision shall remain valid and applicable. Members and we shall try to follow the principle of the provision which was determined as invalid.

Article 19. Governing Law and Jurisdiction

The TOS shall be construed in accordance with the laws of Japan. Members and we agree that any lawsuit related to this TOS shall be subject to the exclusive jurisdiction of the Tokyo District Court, Japan for the first trial.

Established on November 10, 2014