1.Scope of Familyinn
1.1 In Familyinn, customers who want to provide services by making use of available rooms (hereinafter referred to as “hosts” and the services provided by the hosts collectively referred to as “host services”) can publish host services on Familyinn (hereinafter referred to as “host residence listing page”) and communicate with customers who wish to use the services (hereinafter referred to as “guests”) through Familyinn.
1.2 Host services involve guests living in the host’s property (hereinafter referred to as “host residence”) as their base for a minimum of one week, and hosts providing related services. Guests are responsible for cleaning their rooms in the host residence during their cohabitation period.
1.3 The information and provider of host services listed on the host residence listing page are the hosts, not our company. Hosts are solely responsible for the information and host services they post on the host residence listing page. Contracts related to the provision of host services are concluded directly between the host and the guest. Our company is not a real estate agent and does not act as a customer’s agent.
1.4 Familyinn may use third-party services (hereinafter referred to as “third-party services”) such as LINE, Google Translate, and Google Map in providing its services. For the terms and conditions of using third-party services, please check their terms of use and privacy policies. Our company does not guarantee or assume responsibility for any content, products, or services available from such third-party services, including but not limited to, availability and accuracy.
1.5 Our company may set individual rules for some features of Familyinn. In the event of a discrepancy between these terms and such rules, the rules set for the relevant feature shall take precedence in the use of that feature unless otherwise specified.
2.Changes to these Terms
We reserve the right to change these terms at any time. If we change these terms, we will post the revised terms on our website with an effective date. If you do not agree to the revised terms, you may terminate this agreement in accordance with Article 10.2. If you do not terminate this agreement before the effective date of the revised terms and continue to use Familyinn, you are deemed to have agreed to the revised terms.
3.Account Registration
3.1 To list host services, make reservations for shared living, etc. on Familyinn, you must register an account (hereinafter referred to as a “Familyinn account”) in the manner prescribed by our company.
3.2 Familyinn account registration is limited to customers who are at least 18 years old and have the legal qualifications and authority to enter into legally binding contracts. By using Share Family, you represent and warrant that you are 18 years or older and have the legal qualifications and authority to enter into contracts.
3.3 When registering for a Familyinn account, you must provide accurate, up-to-date, and complete information and promptly notify our company or update the information registered on your profile page if any changes occur.
3.4 During the registration of a Familyinn account and throughout the use of Familyinn services, we may, within the scope permitted by applicable laws, (i) request that you provide us with a designated identification document or other information, and perform additional checks to verify your identity and background, and (ii) cross-reference you with third-party databases or other information sources.
3.5 We reserve the right, at our discretion, to refuse your registration for Familyinn. In such cases, we shall not be obligated to provide reasons for the refusal.
3.6 Unless otherwise permitted by our company, you may not create multiple Familyinn accounts. You may not transfer, assign, or pledge your Familyinn account to any third party.
3.7 You are responsible for managing your Familyinn account login information, such as passwords, and must not disclose your login information to any third party. If you become aware of the loss, theft, leakage, unauthorized use, or potential unauthorized access to your Familyinn account, or if you suspect unauthorized access to your Familyinn account, you must promptly notify our company. Except for cases attributable to our company, we will treat any activities conducted through your Familyinn account by someone other than you as your own activities, and you shall be fully responsible for such activities.
4.Host Terms
4.1 When a host posts information about their host services and accommodation on the host listing page, they must (i) provide accurate, up-to-date, and complete information about the host services (including descriptions, locations, availability, defects, etc.), (ii) disclose terms of use, and (iii) provide any other information requested by us. All terms listed on the host listing page must comply with these Terms and any other rules set by us.
4.2 Host accommodations can only be listed once per property listing page, unless explicitly permitted by us.
4.3 Photos and videos used on the host listing page related to the accommodation and host services must accurately reflect the quality and condition of the accommodation and host services. We may instruct hosts on the number, format, size, and resolution of photos and videos, and we do not guarantee any placement of the host listing page.
4.4 Hosts represent and warrant that their host services, guest bookings, and stays in shared living accommodations meet all of the following conditions: ① They do not violate any contracts between the host and third parties (e.g., management association contracts). ② They comply with all applicable laws (e.g., city planning laws, building standards laws, fire prevention laws, tax laws, and applicable local government ordinances), other rules and regulations, and have completed all necessary approvals, licenses, registrations, and notifications.
4.5 When a guest submits a reservation request for host services and passes our review, we will notify the host. If the host approves the reservation request after meeting with the guest, a legally binding contract is formed between the host and guest according to the content listed on the host listing page at the time the reservation request was made.
4.6 Host service fees (hereinafter “host service fees”) are set by each host according to our separate criteria. Hosts may not change the amount listed at the time of the reservation request to a higher amount after the request has been sent unless explicitly agreed upon by us and the guest.
4.7 Hosts may not cancel confirmed contracts before the guest’s stay begins, except when we determine that the host has a legitimate reason for cancellation. In this case, when a guest cancels a confirmed contract, we will pay the host a cancellation fee based on section 6.2.
4.8 Host service fees may include meal costs and activity experience fees but may not include accommodation fees or bedding usage fees.
4.9 Hosts grant us the authority to act as an agent to receive host service fees payable by guests. We will pay the host service fees received from the guests to the hosts by our separately determined deadline and method, subject to receiving payment from the guests. Hosts shall not directly request host service fees (regardless of the name) from guests.
4.10 Hosts are solely responsible for determining whether they are obligated to report, collect, and remit applicable consumption taxes, income taxes, and other taxes.
4.11 If we are obligated to withhold taxes from payments to hosts and the host does not submit the necessary documentation to us for fulfilling that obligation, we may withhold all payments to the host.
5.Guest Terms
5.1 When guests book host services available on Familyinn, their identity and eligibility will be verified through our established process. During the verification process, we may ask guests to provide identification documents, photos, or other materials. If the guest passes the verification, we will notify the host of the reservation request. We are not obligated to inform the guest of the reason for their failure to pass the verification.
5.2 After an interview between the host and guest, if the host approves the reservation request, a legally binding contract will be formed between the host and guest in accordance with the terms listed on the host’s accommodation listing at the time of the reservation request.
5.3 Guests agree to pay the service fees set by our company for using Familyinn. Service fees include a “gratuity” for one-week or longer activity experiences set by each host. The gratuity is equivalent to the host service fee and is displayed on Familyinn along with the calculation and payment methods. We can change the gratuity for each service, and the gratuity set at the time of each customer’s service application will apply.
5.4 Guests shall pay the service fees (including applicable taxes) to our company by the payment deadline and in the manner separately specified by us.
5.5 Guests can pay the first month’s service fee to our company before starting the co-living arrangement. Except when our company acknowledges that the host has a valid reason for canceling, the host cannot cancel a confirmed contract.
5.6 Guests acknowledge that the host retains full management rights over the host accommodation during the guest’s co-living period.
5.7 Guests agree to vacate the host accommodation by the co-living end date specified in this agreement or by the mutually agreed upon end date between the guest and the host. If a guest stays in the host accommodation beyond the co-living end date without the host’s consent, the guest no longer has the right to stay in the host accommodation, and the host has the right to evict the guest in accordance with applicable laws. In addition, if requested by the host, the guest agrees to pay an additional fee, up to twice the daily host service fee for the number of days the guest overstayed, as well as any taxes and expenses incurred by the host in evicting the guest, using the payment method specified by our company.
5.8 Guests are responsible for maintaining the host accommodation (including any property within the accommodation) in the same condition as when they arrived. Guests are responsible for their own actions and omissions as well as those of any individual they invite to the host accommodation.
5.9 In cases where multiple guests sign a contract for the same property simultaneously, if one guest leaves during the contract period, the remaining guests will continue to pay the full gratuity for the property.
5.10 For stays of one month or longer, a daily prorated gratuity calculation will be applied. In the case of prorated calculations, decimals will be rounded up (e.g., 46666.4 yen → 46667 yen).
6.Changes, Cancellations, and Termination/Continuation of Host Services
6.1 Hosts and guests are responsible for any changes they make to their contracts and agree to notify the Company immediately of such reservation changes and pay any additional Familyinn service fees and taxes associated with the reservation change.
6.2 Before the start of the co-living, guests may cancel a confirmed contract if the Company deems that the guest has a valid reason. In such cases, the guest shall inform the Company. The cancellation fee to be paid by the guest, unless otherwise specified by the Company, shall be as follows. However, no cancellation fee will be incurred for cancellations made before the start of the co-living, as specified in Article 6.5.
| Cancellation period | Cancellation fee |
| Up to 15 days prior to the start of communal living | None (minus transfer fee) |
| From 14 days to 8 days prior to the start of communal living | 50% of the honorarium (minus the transfer fee, and the host service fee portion goes to the host) (but not more than half of the equivalent of one month’s worth of honorarium) |
| 7 days or more before the start of communal living (including the date of payment of the Familyinn service fee) | 100% of the honorarium (minus the transfer fee, and the host service fee portion goes to the host) (but not more than the equivalent of one month’s worth of honorarium). |
6.3 Before the start of the guest’s co-living, the host may cancel a confirmed contract if the Company deems that the host has a valid reason. In such cases, the host shall inform the Company. In this case, the Company may (i) leave the canceled dates on the host’s residence listing page calendar as unavailable or blocked, (ii) publish a notice of the host’s cancellation on the host’s residence listing page, and (iii) charge the host a cancellation fee according to the table below. However, no cancellation fee will be incurred for cancellations made before the start of the guest’s co-living, as specified in Article 6.5.
| Cancellation period | Cancellation fee |
| Up to 15 days prior to the start of communal living | None |
| From 14 days to 8 days before the start of co-living | 50% of the gratitude fee (however, up to a maximum of half of the equivalent of one month’s gratitude fee) |
| From 7 days before the start of co-living | 100% of the gratitude fee (however, up to a maximum of the equivalent of one month’s gratitude fee) |
6.4 If the host or guest wishes to cancel the host services after the guest’s co-living start, they shall notify the Company of their intention. If the Company approves the cancellation, the host services will end on the date specified in Article 6.6. The host is obliged to provide the host services to the guest until the day the host services end.
6.5 The Company may cancel the host services, regardless of whether it is before or after the co-living start, in the following cases. The provisions of Article 6.7 shall apply to cancellations after the co-living start.
(1) If co-living becomes impossible or difficult due to death, serious illness, or damage to the house, or other reasons concerning the host or guest.
(2) If co-living becomes impossible or difficult due to natural disasters, group infections, conflicts, or other reasons in the host or guest’s country or region.
(3) If the Company reasonably believes it is necessary to prevent significant harm to the life, body, or property of the Company, the host, the guest, or a third party.
(4) If the Company reasonably believes it is preferable for both the host and guest to exchange hosts due to cultural backgrounds, compatibility, or other reasons.
(5) If other reasons specified in these terms and conditions exist.
6.6 If the host services are terminated after the guest’s co-living start according to Article 6.4 or 6.5, the end date of the stay shall be determined through consultation between the Company and the parties involved, considering the circumstances.
| End date of stay | ||
| The person making the cancellation | Reason for Cancellation (in accordance with Article 6.4) | |
| Unavoidable circumstances for personal reasons | ||
| Host | 14 days after the date on which the cancellation is accepted by FamilyinnDate on which the cancellation is accepted by Familyinn | |
| Guest | Date Familyinn acknowledges cancellationDate Familyinn acknowledges cancellation | |
| The person making the cancellation | Reason for Cancellation (in accordance with Article 6.5) | |
| Attributable to the host | Attributable to the host | Other reasons |
| Familyinn | Familyinnspecified date | Date specified by Familyinn |
6.7 If the host services are terminated after the guest’s co-living start according to Article 6.4 or 6.5, the guest shall bear the obligation to pay the compensation as calculated in accordance with the table below. If the amount paid by the guest does not reach the compensation calculated in accordance with the table below, the guest shall pay the unpaid portion of the compensation to the Company, and the Company shall pay the host service fee calculated in accordance with the table below to the host. If the amount received by the host exceeds the host service fee calculated in accordance with the table below, the host shall refund the excess host service fee to the Company, and the Company shall refund the excess compensation to the guest. Payments and refunds in this case shall also be made through the Company, and the host and guest shall not make direct payments and refunds to each other. The applicable cancellation reason shall be determined at the sole discretion of the Company.
Handling of Compensation and Host Service Fees
| Handling of Compensation and Host Service Fees | ||
| Canceling Party Cancellation | Reason (based on Article 6.4) | |
| Personal convenience or unavoidable circumstances | ||
| Host | Fee equivalent to the co-living end date based on the previous article (calculated daily) Fee equivalent to the co-living end date based on the previous article (calculated daily) | |
| Guest | Fee equivalent to the original co-living end date (calculated daily) (however, up to a one-month equivalent amount) Fee equivalent to the co-living end date based on the previous article (calculated daily) | |
| Canceling Party Cancellation | Reason (based on Article 6.5) | |
| Host’s fault | Host’s fault | Other reasons |
6.8 We will notify the Guest about the future use of our services one week before the end of the co-living period. If the Guest wishes to continue using the service, they shall contact us and renew the contract upon forming an agreement with the Host. Subsequent contracts may include automatic renewal.
7.Content
7.1 At our sole discretion, we may allow customers to (i) create, upload, post, and send content such as text, photos, reviews, ratings, and other materials and information on or through Familyinn (hereinafter referred to as “Member Content”) and (ii) access Familyinn Content and Member Content uploaded by other customers on or through Familyinn.
7.2 Familyinn, Familyinn Content, and Member Content may be protected by copyright, trademark, and other laws in Japan and other countries. You acknowledge that the Familyinn Content is the exclusive property of us or our licensors. You shall not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices related to Familyinn, Familyinn Content, or Member Content.
7.3 Except as expressly permitted in these Terms, you shall not reproduce, modify, adapt, translate, distribute, license, sell, transfer, display, transmit, broadcast, or otherwise use Familyinn Content and Member Content to which you do not have rights.
7.4 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and view Familyinn Content and Member Content available to you on Familyinn for your personal and non-commercial purposes only.
7.5 If you create, upload, post, send, or otherwise provide Member Content on or through Familyinn, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to access, use, store, reproduce, modify, adapt, translate, distribute, sell, transfer, display, transmit, broadcast, or otherwise exploit such Member Content in any manner, on any media or platform, for the purpose of providing and promoting Familyinn services and advertising.
7.6 You are solely responsible for all uses of Member Content provided on or through Familyinn and represent and warrant that (i) you are the sole and exclusive rights holder of all Member Content provided on or through Familyinn, or have obtained all necessary licenses to grant the rights to us under these Terms; and (ii) the Member Content and your posting, creation, uploading, posting, and sending thereof, or our use of the Member Content, will not infringe any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
7.7 You shall not create, upload, post, or send any Member Content that: ① is fraudulent, false, deceptive, or misleading; ② is defamatory, libelous, obscene, pornographic, vulgar, or offensive; ③ discriminates against, prejudices, hates, harasses, or harms any individual or group, or promotes such behavior; ④ is violent or threatening, or promotes violence or threatening actions; ⑤ promotes or results in illegal or harmful activities; ⑥ is created, uploaded, posted, or sent by impersonating someone else; ⑦ is intended for advertising or promoting services of oneself or a third party (excluding services provided on Familyinn); ⑧ or is contrary to public order and morals.
7.8 We may, without prior notice, remove or restrict access to Member Content that violates these Terms or any other rules we establish or that we determine, at our discretion, to be harmful or undesirable to us,other customers, or third parties, and we shall not be liable for any damages incurred by the customer as a result.
8.Disputes Between Customers
8.1 In the event of a dispute between customers and other customers or third parties (including, but not limited to, claims for damages by hosts for damages caused by guests to host residences), the parties involved shall resolve the dispute, and our company shall not be involved in such disputes.
8.2 Customers shall report to our company the occurrence or potential occurrence of such disputes.
9.Prohibited Acts and Monitoring
9.1 Customers shall not engage in the following activities in connection with the use of Familyinn, nor shall they assist third parties in engaging in such activities or enable third parties to engage in such activities:
① Violate applicable laws, contracts with third parties, or these Terms and Conditions or other rules established by our company, or evade them.
② Infringe on the intellectual property rights, privacy rights, or other rights of other customers or third parties.
③ Provide inaccurate, fraudulent, outdated, or incomplete information in connection with Familyinn account registration, host service listing procedures, or other use of Familyinn.
④ Use Familyinn, Familyinn content, or member content for commercial, marketing, advertising, or other purposes not expressly permitted by these Terms and Conditions.
⑤ Use Familyinn, Familyinn content, or member content in a manner that falsely implies a partnership relationship between our company and the customer or a third party or causes confusion as to the relationship between our company and the customer or a third party.
⑥ Manipulate ratings and reviews, such as instructing third parties to write favorable or negative reviews about other customers.
⑦ Engage in nuisance behavior, such as posting a large number of evaluations, reviews, or other member content with the same or similar content.
⑧ Send spam emails using Familyinn or the name of Familyinn or our company.
⑨ Offer a residence not owned by the host (in the case of a tenant, a residence for which the customer has not received permission from the landlord to provide the host service) or real estate not authorized for residential use as a host residence.
⑩ Requesting a reservation for a Hosted Service by a Guest, or allowing a Host to post a reservation for a Hosted Service on a Host Residence listing page, or approving a reservation for a Hosted Service by a Host, even though it is unrelated to the original purpose of using Familyinn or even though the Host does not actually intend to use or provide the Hosted Service.
(xi) Repeated cancellation of confirmed reservations without justifiable reason.
⑫ Contacting other customers for purposes other than listing and reservation of the Hosted Services or inquiring about other customers’ use of Familyinn (including, but not limited to, solicitation for one’s own or third parties’ services, applications, or websites) without prior written approval from the Company. (iii) Contacting other customers for any purpose other than inquiring about the use of Familyinn by other customers.
⑬ Hosts requesting or accepting payment of host service fees from guests without going through Familyinn. If a Host does so, such Host shall (i) be in breach of these Terms and Conditions; (ii) assume all risk and liability associated with such payment; and (iii) defend, indemnify and hold us harmless from any liability arising out of or related to such payment.
(iv) discriminate against or harass any person on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, health status, marital status, age or sexual orientation, or engage in any violent, harmful, abusive or disruptive conduct
(xv) Reproduce, alter, or modify Familyinn, Familyinn Content, Member Content, or the layout design of any Familyinn page or pages or other content within Familyinn beyond the scope permitted by these Terms and Conditions without our express written consent, (iii) reproduce, modify, adapt, translate, distribute, license, sell, transfer, display, transmit, broadcast, or otherwise exploit Familyinn, Familyinn Content, Member Content, or the layout design or pages of Familyinn pages or other Familyinn content beyond the scope permitted by this Agreement
(iv) To use any name, term, domain name, trademark, logo, etc. (including those that are confusingly similar to such names, terms, domain names, trademarks, logos, etc.) related to the Company or the Company’s services. (iv) Registering or using as a trade name, domain name, trademark, logo, or other identifying information any name, term, domain name, trademark, logo, etc. (including those confusingly similar thereto) related to the Company or its services.
⑰ Use any robot, spider, crawler, scraper, or other automated means or processing method to access Familyinn, collect Familyinn data or content, or interact with Familyinn for any purpose
(iv) attempt to circumvent, bypass, remove, disable, inhibit, unscramble, or otherwise bypass any technical measures that we or our providers or other third parties may take to protect Familyinn, Familyinn Content, or Member Content
(⑲) Attempting to decipher, decompile, disassemble or reverse engineer the software used to provide Familyinn.
⑳ To interfere with or adversely affect the operation of Familyinn or the provision of the services, or to perform any act that may cause such interference or adverse effect.
9.2 You acknowledge that the Company shall have no obligation to monitor your access to or use of Familyinn, or to review Member Content, suspend access to such Member Content or edit Member Content. However, we reserve the right to take such actions for the following purposes, and you agree to cooperate and assist us in good faith in the exercise of such rights by us, to provide us with any information we reasonably request, and to take any action we reasonably request
(i) To operate and improve Familyinn (including for fraud prevention, security and customer support purposes)
(ii) to ensure your compliance with these Terms and Conditions
(iii) To comply with applicable laws and regulations, or orders or requirements of the government, local government, courts, police, or other public authorities
(iv) To respond to Member Content that the Company deems harmful or undesirable.
10.
term of agreement and actions for breach
10.1 This Agreement shall remain in effect until terminated by either the Client or the Company in accordance with these Terms and Conditions.
10.2 The Agreement may be terminated at any time in a manner separately determined by the Company. In such case, the confirmed reservation will be cancelled and will be processed in accordance with “6.
10.3 We may terminate this Agreement at any time without cause by giving you 30 days notice to your registered email address or account on a third party service such as LINE.
10.4 We may terminate this Agreement without cause at any time if (i) you fall under any of the prohibited items in Section 9.1, (ii) you violate these Terms and Conditions or any other rules set forth by us, (iii) it is necessary in order to comply with applicable laws and regulations, or (iv) it is necessary in order to comply with orders or requirements of any government, local government, court, police or other public agency. or requirement of any government, local government, court, police or other public authority; (v) there is a reasonable complaint from another customer about the provision or use of the Services by the customer and the continued provision or use of the Services by the customer is not reasonable; (vi) the customer breaches a contract with another customer; (vii) the Company, its customers or third parties, or the Company or its customers or third parties are injured in any way; or (viii) the Company or its customers or third parties are injured in any way. (viii) If the Company reasonably determines that action is necessary to protect the life, body, or property of the customer, the customer, or a third party, or to prevent fraud or other illegal activity, the Company may take one or more of the following actions.
(i) Terminate this Agreement immediately without notice.
(ii) Refuse, delete, or postpone the publication of the Host Dwelling Listing Page and Member Contents.
(iii) Cancel a pending or confirmed reservation.
(iv) To suspend or restrict access to or use of Familyinn
(v) To claim full compensation from the customer for any damage incurred by the Company.
10.5 Refunds for cancellations of confirmed reservations as a result of the Company taking the actions described in the preceding paragraph shall be in accordance with the provisions of “6.
10.6 In the event of termination of this Agreement, we may delete your Familyinn Account, Host Residence Listing Page and Member Content, and you shall have no right to recover your Familyinn Account, Host Residence Listing Page and Member Content. Your access to or use of Familyinn is subject to the terms and conditions of this Agreement. If your access to or use of Familyinn is suspended or restricted, or if this Agreement is terminated for reasons attributable to you, you may not register a new Familyinn account or use Familyinn through another customer’s Familyinn account. or use Familyinn through another customer’s Familyinn account.
11.
Disclaimer and Limitation of Liability
11.1 familyinn, the familyinn content and member content are provided “as is” without warranty of any kind, either express or implied. We shall not be liable for any damages arising out of or related to defects in Familyinn, Familyinn Content, or Member Content.
11.2 Ratings or reviews posted on Familyinn do not reflect our opinions, have not been verified as accurate by us, and may be inaccurate or misleading. We shall not be liable for any damages resulting from your reliance on such ratings or reviews.
11.3 We may provide you with reference information regarding laws and regulations applicable to the use of Familyinn, but it is your responsibility to determine the accuracy and currency of such information, and we shall not be liable for any liability arising from your reliance on our information. We shall not be liable for any liability arising from reliance on the information provided by us.
11.4 We have no obligation to control (i) the existence, quality, safety, suitability, and legality of the Host Dwelling or Hosted Services, (ii) the truthfulness, accuracy, and currency of the Host Dwelling pages and Member Content, or (iii) the performance or conduct of Clients or third parties. 11.5 Familyinn shall not be liable for any loss or damage arising out of or in connection with (iii) the lack thereof.
11.5 We may translate all or part of Familyinn, Familyinn Content, Host Residence Listings and other Member Content into other languages. We do not guarantee the accuracy or quality of such translations and shall not be liable for any damages arising out of or in connection with such translations.
11.7 The exchange of host service fees and other payments for Familyinn and Familyinn Services shall not be made directly between Clients, but shall be made through the Company. The Company shall not be liable for any damages arising out of or in connection with the exchange of money directly between Clients.
11.8 Due to the nature of the Internet, the Company cannot guarantee the continuous and uninterrupted availability and accessibility of Familyinn. We may stop providing some or all of the features of Familyinn due to capacity limitations on our servers, for security or integrity reasons, or to perform maintenance measures.
11.9 To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Familyinn, the use of Familyinn, Familyinn Content and Member Content, the publication or reservation of Hosted Services through Familyinn, living together in a Hosted Residence, other use of Hosted Services, and other You understand and agree that you bear all risks arising from your use of Familyinn, Familyinn Content and Member Content, publication or reservation of Hosted Services through Familyinn, shared living in a Host Residence, use of other Hosted Services, and interaction with other Customers.
11.10 If we are not indemnified by applicable law, we will not be liable to you for any damages related to or arising out of your use of or inability to use Familyinn, Familyinn Content or Member Content unless (i) if you are a Guest, you have paid to Familyinn for 12 months prior to the occurrence of such event of liability, or (ii) if you are a Member, you have paid to us for 12 months prior to the occurrence of such event of liability. (ii) If you are a host, up to the higher of (i) the amount paid by us to you during the 12 months prior to the occurrence of the relevant event of liability or (ii) ¥10,000, and shall be liable only for ordinary and direct damages that actually occur. The Company shall be liable only for ordinary and direct damages actually incurred. In no event shall the Company be liable for any incidental, special, punitive, or consequential damages (including lost profits, loss of data, loss of goodwill, interruption of service, computer damage, system failure, or cost of substitute service). (including lost profits, loss of data, loss of goodwill, interruption of service, computer damage, system failure, or cost of substitute services) under any warranty, default, tort (including negligence), product liability or any other legal theory. (including loss of data, loss of goodwill, interruption of service, computer damage, system failure, or cost of substitute services), whether based on warranty, default, tort (including negligence), product liability, or any other legal theory, and whether or not we are advised of the possibility of such damages, even if the limited remedies provided in these Terms and Conditions prove to be ineffective in their essential purpose. 11.10 The parties shall not be liable to each other for any loss or damage arising out of the use or inability to use the Services.
11.11 The disclaimers and limitations of liability set forth in these Terms and Conditions shall be the fundamental elements underlying the transactions between us and you.
11.12 If any part of the disclaimers or limitations of liability in these Terms and Conditions is determined to be invalid under applicable law, such disclaimer or limitation of liability shall be modified to the minimum extent necessary to make it valid and shall apply to the fullest extent permitted by applicable law.
12.indemnification
You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ and accountants’ fees) arising out of or related to (i) your violation of these Terms of Use or other rules established by us, (ii) your inappropriate use of Familyinn, (iii) your interaction with other customers or third parties, (iv) your shared living in a host residence, (v) your violation of any law or regulation, or (vi) your violation of any third party right. The Company and its officers, directors, employees and agents shall not be liable for any claims, liabilities, damages, losses and expenses (including, but not limited to, reasonable attorneys’ and accountants’ fees) arising out of or in connection with (iii) your interactions with other clients or third parties, (iv) your cohabitation with other clients or third parties, (v) your violation of any laws or regulations, or (vi) your violation of any rights of third parties. You agree to defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ and accountants’ fees) arising out of or related to infringement of third party rights by you.
13.Governing Law and Jurisdiction
These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of Japan. Any dispute arising between the Company and the Customer shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
14.general provisions
14.1 Unless Familyinn has established additional rules, etc., this Agreement constitutes the entire agreement between us and you with respect to the use of Familyinn and related services.
14.2 Neither the execution of this Agreement nor your use of Familyinn shall create a relationship between you and us as a joint venture, partner, employee or agent.
14.3 This Agreement does not grant any rights or remedies to any third party other than the contracting parties.
14.4 If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of any other provision of this Agreement shall not be affected.
14.5 Our failure to exercise any right under these Terms and Conditions shall not constitute a waiver of such right unless we express our intention to waive such right in writing. Except as expressly provided in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions shall not prejudice such party’s other remedies authorized by these Terms and Conditions or any other law or regulation.
14.6 The Customer may not assign, transfer, succeed or encumber this Agreement or the Customer’s rights and obligations hereunder without the Company’s prior written consent.
14.7 Unless otherwise stated, all communications to the Customer permitted or required under this Agreement shall be by electronic means. If we communicate with you by email, notification on Familyinn, or third party services such as LINE, we will consider the date of our transmission to be the date of your receipt.
Last update: May 4, 2023