Terms of Membership of TMate
These “Terms of Membership of TMate” (hereinafter referred to as “These Terms”) are stated as terms and conditions of using of every service provided for users who subscribes as “Trip-Mate” of the Web service of “TMate”(hereinafter “the Service of TMate” is referred to as “the Service”).
These Terms are applied to any relationship between Trip-Mates and “TMate. Inc.” (hereinafter referred to as “the Company”) that operates the Service.
Minors shall subscribe and use the Service for Members with parental approval.
Chapter 1. General Provision, the Service for Members
Article 1. (Definition)
1-1. The terms which are used in These Terms shall be defined as following.
(1) “Service for Members” means “the services that the Company provides for Members through the Service”;
(2) “The Site” means “Website of TMate” (all of webpages capped with a domain of https:/TMate.jp/);
(3) “The App” means “TMate App”;
(4) “Site Policy” means “Website Policy of TMate”;
(7) “Account” means “login ID and password”;
(8) “External Services” mean “services (including Facebook, Google, etc.) that third party other than the Company operates”;
(9) “User-Posted Contents” mean “Contents that Members have posted such as Trip- Information, comments, etc.”;
(10) “Trip-Mate” means “Users who subscribe as Trip-Mate (TMate)” in the Service”, also, “Member” in These Terms shall be the same meaning;
(11) “TMate Master” means “Users who subscribe as “TMate Master (Trip-Mate Master)”, also only TMate is able to apply to subscribe as “TMate Master”;
(12) “Trip Information” means “information, articles, images, sounds, etc. relevant to trips or sightseeing posted on the Service (including “Spot Information” relevant to sightseeing spot, etc. and “Route Information” relevant to travel routes at the sightseeing spot, etc.), also, Member of the Service is able to post and edit this Trip Information;
(13) “Guide Service” means “guide service at the location of sightseeing spot, etc. that TMate Master offers to other Members for a fee”, Guide Service is offered via “Video Chat” function of the App;
Article 2. (Agreement to These Terms, Range of Application)
Article 3. (Outline of Service for Members, Conditions of Use)
3-1. Member is able to both post Trip Information includes routes, photos, etc. relevant to traveling or journey and share the information, etc. with other Users via Service for Members. Also, Member is able to use Guide Services that TMate Master offers.
3-2. When Member either uses Guide Service that TMate Master provides or enters into any contract, etc. with TMate Master, he/she shall use the service or conclude the contract in his/her own responsibility and cost. The Company assumes no liability for his/her using the Guide Service or concluding the contract between Members and TMate Master.
3-3. When Member makes a reservation application to Guide Service, he/she shall apply for by method that the Company specifies.
3-4. In the case where Member asks questions, inquiries, complaints, etc. relevant to the Guide Service or about User-Posted Contents at his/her own risk. In addition, when he/she asks the questions, etc., he/she both should not give irreverent questions, attitudes, etc. to other Members, and should try to use polite languages.
3-5. When Member uses Guide Service, he/she is obligated to comply with traffic rules, manner, etc. In addition, even if either a traffic accident occurs, or Member is involved in a traffic accident, due to browsing of the App or operating of his/her Terminal while he/she is in driving or walking, the Company assumes no liability.
3-6. When Member uses Guide Service, he/she shall obey any instructions by the TMate Master who implements the Guide Service. If he/she does not obey the instructions of the TMate Master, the Guide Service may be canceled midway at the discretion of the TMate Master.
Article 4. (Precautions about Posting of User-Posted Contents)
4-1. When Member posts any User-Posted Contents especially Trip Information, he/she shall post information that is correct, latest and based upon truth.
4-2. When Member posts any User-Posted Contents, he/she shall take all responsibility for information that he/she has provided. If any damages or losses arise from User-Posted Contents that Member has posted, he/she shall assume all liability for the damages, etc. The Company assumes no liability for the damages.
4-3. In the case where Member posts User-Posted Contents that contains copyrighted material, trademark, portraits, etc. of third party, he/she shall obtain prior authorization from the right holder of the copyrighted material, etc.
The Company deems that Member has already obtained authorization from the right holder about using of the copyrighted material, etc. at the time of completion of posting of the User-Posted Contents on the Service.
4-4. In the case where any third party makes inquiries, claims, etc., about User-Posted Contents, Member who has posted the User-Posted Contents shall take measure of or respond to the inquiry, etc. in a responsible and genuine manner. Also, if dispute, etc. of infringement of rights is raised, he/she shall resolve the dispute, etc. all on his/her own responsibility and expense.
4-5. In the case where the Company finds User-Posted Contents that may fall under the provisions of section 8-2 (hereinafter referred to as “Prohibited Contents”), the Company is able to delete all or part of the Prohibited Contents without any notice to the Member who has posted the User-Posted Contents. In addition, if the Company receives inquiries, etc. from Members about User-Posted Contents that may violate the previous section, the Company is able to temporally suspend publishing the User-Posted Contents and investigate whether the User-Posted Contents contain the violation, etc. In this case, he/she shall acknowledge that the suspension of publication of his/her own User-Posted Contents continues until the completion of the investigation.
4-6. Copyright of User-Posted Contents shall belong to the Member who posted the User-Posted Contents.
4-7. Member who has posted the User-Posted Contents shall license the Company and other Members to use his/her User-Posted Contents within the limit of either the purpose of publishing on the Service, the purpose of personal use, or quoting without any alteration etc. of content. In addition, in this case, relevant to using of his/her User-Posted Contents, he/she shall not both request royalties and execute the moral right of author to the Company and other Members.
Chapter 2. Guide Service
Article 5. (Reservation for Guide Service, Cancelation)
5-1. The reservation of Guide Service shall be established after both Member who hopes to use the Guide Service applies to by specifying date and time of implementation (hereinafter “date and time of implementation of the Guide Service that Member applies to reserve” is referred to as “Date of Implementation”) and the TMate Master who offers the Guide Service accepts to application by the Member. In addition, the application of reservation shall be by method that the Company specifies.
5-2. Member is able to cancel application of reservation of Guide Service by method that the Company specifies by the Date of Implementation. Also, Guide Service shall be canceled because of the following circumstances.
(1) In the case where the TMate Master who offers the Guide Service has applied to cancel the Guide Service;
(2) In the case where he/she loses his/her qualification as Member;
(3) In the case where the TMate Master who offers the Guide Service loses qualification as TMate Master for any reasons;
(4) In the case where the TMate Master deletes the Guide-Service by the Date of Implementation;
Article 6. (Implementation, Cancelation, Suspension of Guide Service)
6-1. Member shall complete the start-up of the App of his/her Terminal, login to the Service, and check all operations of microphone, camera, etc., at the Date of Implementation.
6-2. Guide Service is started when the Member presses the “start" button” of the video chat function of the App at the Date of Implementation, and is ended when either the Member or the TMate Master presses the “finish button”.
6-3. After completing of Implementation of the Guide Service, Member shall evaluate the TMate Master and pay the usage fee of the Guide Service by method that the Company specifies.
6-4. Member is able to refuse paying of or reduce the usage fee of the Guide Service according to the evaluation of the Guide Service that he/she used.
6-5. If Member does not follow instructions of TMate Master who offers the Guide Service during the use of the Guide Service, or if he/she does not press the "start button" even after 10 minutes have elapsed since the Date of Implementation, the Guide services may be canceled at the discretion of the TMate Master even in the middle of implementation of the Guide Service. In this case, Member shall pay the full amount of the usage fee.
6-6. In the event of the previous two paragraphs, the Company is able to investigate the adequacy of the evaluation or of the cancellation, and Members shall cooperate as necessary for the investigation of the Company.
Article 7. (Usage Fee)
7-1. Usage fee of Guide Service is determined by the TMate Master who implements the Guide Service and displayed on the introduction pages, etc. of the Guide Service.
7-2. The payment of the usage fee of the Guide Service shall be made within the period that the Company specifies.
7-3. The Company does not return the usage fee of the conducted Guide Service to Member etc. for any reasons.
Chapter 3. Prohibition
Article 8. (Prohibition)
(1) To post information not based on facts;
(2) To communicate with other Members without using the Service;
(3) To send and receive contact information of his / her own e-mail address, telephone number, etc. to other Members via the Service;
(4) To cause damages to the company, such as exchanging usage fee without going through the Service;
(5) To do any unfair act by conspiring with other Members;
(6) To slander or discriminate the Company, other Members, and/or any third parties;
(7) To give discomfort to the Company, other Members and/or other third parties (especially harassment act);
(8) To cause damage of honor and credibility of the company, other members and other third parties;
(9) To do acts that infringe or may infringe the trademark rights, intellectual property rights such as copyrights, privacy, portrait rights and other rights of the Company, other Members, and other third parties;
(10) To do Acts that may promote crime or illegal conduct;
(11) To use the Service for Members by using e-mail address or Account, etc. other than the principal;
(12) To disclose, lend or assign his / her Account to a third parties;
(13) To invite other Members in religious groups, political associations, or multilevel marketing, etc.;
(14) To do acts that the Company judges unsuitable;
8-2. When Member posts User-Posted Contents, he/she must not post any data, etc. falls under the following.
(1) Data, etc. that infringes third parties' portrait rights, copyright, trademark rights, or other intellectual property rights, etc.;
(2) Data, etc. that includes sexual description and violent expression, etc.;
(3) Data, etc. that the public may feel uncomfortable;
(4) Data, etc. that exceeds the file size or is not designated file format that the Company specifies;
(5) Data, etc. that include viruses, falsehoods, hoaxes, etc.;
(6) Data, etc. that deviates from the purpose of the Service;
(7) In the case where data, etc. that includes a link to an external site, the linked site may fall under the preceding items;
Chapter 4. Member
Article 9. (Subscription)
9-1. User who hopes to subscribe as “Trip-Mate” shall apply to subscribe by method that the Company specifies.
9-2. User shall specify his/her own Email address at the time of the subscription. Also, he/she is able to specify Account of External Service as Account for logging into the Service instead of his/her own Email address.
9-3. User shall enter the truth information at the time of applying for subscription. The Company is able to request him/her to present additional documents such as identity confirmation documents as necessary.
9-4. The Company is able to reject the subscription application by User who falls under the following circumstances. In addition, if he/she has already subscribed, the Company is able to penalize him/her based upon Article 12.
(1) In the case both where he/she is a minor, and where the fact that he/she uses the Service without parental approval is revealed;
(2) In the case where he/she has been penalized by the Company before;
(3) In the case where the fact that he/she either belongs to, relates to, or has provided funding to antisocial organizations (such as gang group, crime organization, etc.) is revealed;
(4) In the case where any error, omission or false entry exists in their application forms, or he/she does not comply with any instruction of the Company;
(5) In the case where the Company judges him/her to be unsuitable as Member;
Article 10. (Maintenance of Account, etc.)
10-1. When Member subscribes by using his/her e-mail address, he/she shall specifies letter string which is difficult for third party to guess as password.
10-2. Member shall maintain his/her Account for login the Service for Members closely.
10-3. In the event of accordance between Account entered by anyone in using the Service for Members and the Account of previous section, the Company deems such using to be by the Member who maintains the Account.
10-4. Member shall pay all damages, costs and expenses caused by inaccurate maintaining of, error or omission in using of his/her Account.
10-5. In the case where the need to change or modify all or part of Account of Member arises from any other reasons, he/she shall apply to reissue Account by method that the Company specifies.
10-6. Member shall keep his/her information (including Account) both associated with User himself/herself and enrolled in the Service for Members (hereinafter referred to as ”Registered Information”) accurate and updated.
In the case where the need to change or modify the Registered Information arises from any reasons, he/she shall change or modify his/her Registered Information immediately through method that the Company specifies.
Article 11. (Validity Period of Membership/ Withdrawal)
11-1. Validity period of the Service for Members is unlimited duration unless either the Company or Member makes any offer.
11-2. Member who hopes to withdraw from the Service for Members shall apply to withdraw by method that the Company specifies.
11-3. In the case where Member applies to withdraw from the Service for Members, the Company is able to delete all or part of both Registered Information, User-Posted Contents that he/she has posted, and other information that relates to using the Service for Members of him/her at the time of completion of the application.
Therefore, even if Member who applies to withdraw from the Service for Members or any third party suffers damages arising from any acts that the Company performs in association with the withdrawal, the Company assumes no liability for the damages.
11-4. Member who applies to withdraw from the Service for Members shall assume liability for any damages arising from his/her actions even after loss of his/her qualification as Member.
11-5. Member who applies to withdraw from the Service for Members losses all rights relates to using the Service for Members at the time of completion of the application.
Chapter 5. General Rules
Article 12. (Penalties)
12-1. In the case where Member falls under the following, the Company is able to suspend his/her using of the Service for Members, or disqualify him/her as Member without any notice.
(1) In the case where he/she violates Article 8;
(2) In the case where he/she does not start using the Guide Service at the Date of Implementation;
(3) In the case both where TMate Master has suspended offering the Guide Service to him/her In the middle of the Guide Service, and where the Company judges that he/she merits penalty by investigation;
(4) In the case where he/she did not obey instructions from the Company relevant to the Services for Members;
(5) In the case both where the Company receives complaints, etc. from other Members frequently, and where the Company judges that he/she merits penalty;
(6) In the case both where he/she has repeated bad evaluations about Guide Service, and where the Company judges that he/she does the act for the purpose of damaging TMate Master and the Company;
(7) In the case where the Company deems him/her to be unsuitable as Member;
12-2. The provisions from section 11-3 to section 11-5 shall apply correspondingly to a procedure toward the Member disqualified from Membership.
12-3. In the case where the Company disqualifies Member from Membership, the Company cancels usage license of the App to him/her at the time of the disqualification. In this case, he/she shall uninstall the App from his/her Terminal correctly.
Article 13. (Secondary Use of User-Posted Contents)
13-1. The Company is able to offer all or part of User-Posted Contents provided from Members to other websites, magazines, etc. either for the purpose of promotion or advertising of the Service, for the purpose of promoting sightseeing, or for the purpose of assist in the operating activities of the Company.
13-2. In the case where the Company uses the User-Posted Contents based upon the previous section, Member shall license the Company to use his/her User-Posted Contents with no charge and no date. In this case, he/she does not execute the moral right of author about his/her User-Posted Contents.
13-3. In the case where the Company secondary uses his/her User-Posted Contents, the Company is able to edit or process his/her User-Posted Contents at the discretion of the Company. In addition, he/she shall acknowledge and agree to the editing by the Company.
Article 14. (Treatment of Information regarding Users’ Privacy)
14-1. The Company uses Registration Information of Members for only the purpose of operation or offer of the Service.
14-3. The Company is able to send information related to any service which the Company provides to Member by using of Personal Information, preference information, etc., and he/she shall acknowledge and agree to the usage of information.
Article 15. (Method of Notice)
15-2. Notice sent by push notification or E-mail should conclude at the time of completion of sending to the telephone number or address that Member has specified.
15-3. In the case where Member changes a setting of program related to E-mail address that he/she has specified to block junk mails, he/she shall change the setting to permit reception of E-mail from the Company.
15-4. In the case where the Company gives notice to Member by any method of this Article, unless otherwise adverse claim, the Company deems that he/she has agreed to the notice without any dissent at the declaration day.
15-5. Although Member does not receive notice from the Company caused by an intentional act or a negligence of him/her: such as incorrectly-input of his/her address, neglect of change his/her address, etc., the Company deems that he/she has agreed to the notice without any dissent at the declaration day.
Article 16. (Indemnification for Damage)
16-1. In the case where Member causes damages of the Company, other Members or a third party due to his/her violation act of These Terms, he/she shall oblige to compensate all of the damages even after the loss of his/her qualification.
16-2. Even if Members suffer any damages due to the use of the App and the Service, the Company does not make any compensation, guarantee, etc. except as provided in the next section.
16-3. In the case where Member suffers damage or loss because of using the service provided for a fee of the Service (hereinafter referred to as "Pay Service"), the Company responds in only the damage which 1) arises from intentional acts or acts of gross negligence of the Company, 2) arises in actuality and in a direct way, and 3) is within the usual range. However, in this case, maximum limitation of indemnity by Member against the Company shall be amount of usage fee of the Pay Service that has caused his/her damage or loss.
16-4. In the case where Member suffers damages due to the use of Guide Service through the Service, regardless of the preceding section, he/she is able to claim compensation for the damages to the TMate Master. In this case, the Company assumes no liability for anything other than disclosure of information concerning the TMate Master.
Article 17. (Interruption/Termination of the Service)
17-1. The Company is able to temporarily suspend, change, terminate, etc., part or all of the Service at its discretion. In addition, the Service may be interrupted due to the occurrence of force majeure such as natural disasters.
17-2. The Company accepts no liability for any damage of Members arising directly or indirectly from the temporary interruption or the termination of the Service.
Article 18. (Jurisdiction/Governing Law)
18-1. These Terms and Guidelines, etc. are governed by and construed in accordance with the Laws and regulations of Japan.
18-2. In the event of a dispute, etc. relating to these Terms and Guidelines, etc., the Kagoshima District Court shall be the exclusive jurisdiction court of the first instance.
18-3. Translations of the Japanese version of These Terms shall be provided for Users’ convenience only. If difference or contradiction between the translation versions and the Japanese version exists, the Japanese version of These Terms shall prevail.
Article 19. (Change of These Terms)
19-1. The Company is able to change These Terms without any prior notice toward Member.
19-2. In the case where the Company changes These Terms, the Company is able to conclude at the time of completion of uploading and displaying on the Site and the App.
19-3. Member should check These Terms every time he/she uses the Service for Members. In the case where Member uses the Service for Members after the change of These Terms, the Company deems that he/she acknowledge and agree with the change of These Terms.
Establishment Date: January 25th, 2017
Revision Date: November 3rd, 2017
Revision Date: December 20th, 2018