DID-GLOBAL Co.,LTD.

Terms of Use

The following translation is for informational purposes only. In the case of conflict between this translation and the Japanese version (including due to mistranslation), the Japanese version shall prevail.

1. Definitions

1 )

This Terms and Conditions (hereinafter referred to as "this T&Cs") apply to the use of the rental property search website Apartment-Japan.com, including online application system and settlement system,(hereinafter referred as "Apartment-Japan.com", "this website", "APJ website") which is owned and managed by DID-GLOBAL Co., LTD., 2-3-14 Uchihiranomachi, Chuo-ku, Osaka, 5400037 Japan(herein referred as "DID-GLOBAL", "We", "us", "our", "Apartment Japan")

2 )

These pages, the content, and infrastructure of these pages and the rental property search service and the online reservation service (including the settlement service, hereinafter collectively referred as "APJ service") provided by us on these pages and through the APJ website are owned, operated, and provided by DID-GLOBAL which is the owner of Apartment-Japan.com.

3 )

This T&Cs, as may be amended from time to time, apply to all our services made available online, through any mobile device, by email, or by telephone.By accessing, browsing, and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing an application, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the privacy policy).

4 )

Apartment Japan reserves the right to update the T&Cs with effect for the future if economic or legal reasons require an adjustment. If we update this T&Cs, we announce it on this website.

5 )

The relationship which we have with the property posting members ("Members") shall conform to the agreement and the other terms and conditions which we have with the each of these Members.

6 )

Note that Members may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own terms and conditions and house rules for the use, access, and consummation of the Property (which may include certain disclaimers and limitations of liability).

7 )

Apartment Japan is not a landlord nor an agent unless otherwise stated, but only offers a technical service via the platform. The contract shall be concluded between the Users and the Members directly.

8 )

"Platform" means the (mobile) website and app of Apartment-Japan.com on which the rental property search service and the online reservation service (including the facilitation of settlement service) is made available, which owned, controlled, managed, maintained, and/or hosted by DID-GLOBAL. "Property" means the various different rental properties and services that can be rented, purchased, provided, reserved, combined, or consummated by you from the Members. "Users" means the users of APJ website who visit the platform of Apartment Japan, conduct browsing, search, comparison, examination, inquiry, application, reservation, etc. for the purpose of searching for a residential property for rent. "Members" means the professional provider of rental properties (e.g. furnished apartment, non-furnished apartment, house, share-house, guest house) and any other rental or related product or service as from time to time available for Rental Application on the Platform. "Members" is consist from a lessor of the property ("Landlord", regardless own or sublet etc.) or a brokerage-agency ("Agency"). Only Landlords can use the online application service and settlement service on this website. "APJ Service" means the rental property search service and the online reservation and application for rental, settlement service as offered or enabled by Apartment-Japan.com in respect to various properties and services as from time to time made available by Members on the Platform. "Rental Application" means the application and the reservation of a rental property (including a purchase of optional services), the receipt of all relevant documents and information requested by the ‘member’ and the payment of the application deposit has been verified as received. “Contract” means to submit all required documents, agree to the contents of the lease agreement, sign on it, and complete the payment of all contract money.

2. Scope & Nature of Our Service

Through the Platform, we (Apartment Japan B.V. and its affiliate (distribution) partners) provide an online platform through which Property providers—in their professional conduct of business (i.e. B2C or B2B)—can advertise, market, sell, promote, and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase, or payment (i.e. the APJ Service). By using or utilizing the APJ Service (e.g. by making a Rental Reservation through the APJ Service), you enter into a direct (legally binding) contractual relationship with the Property provider with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Rental Reservation, we act solely as an intermediary between you and the Property provider, transmitting the relevant details of your Rental Reservation to the relevant Property provider(s) and sending you a confirmation email for and on behalf of the Property provider. Apartment Japan does not (re)sell, rent out, offer any (travel) product or service.

When rendering our APJ Service, the information that we disclose is based on the information provided to us by Property providers. As such, the Property providers that market and promote their Rental on the Platform are given access to our systems and Extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies and conditions, and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our APJ Service, we will not verify if, and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise), inaccurate, misleading, or untrue information or non-delivery of information. Each Property provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies and conditions, and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, or (star) rating of any Property provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available.

Our APJ Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Platform for any commercial or competitive activity or purpose.

3. Privacy and Cookies

Apartment Japan respects your privacy. Please take a look at our Privacy and Cookies Policy for further information.

4. Credit Card or Bank Transfer

If applicable and available, certain property Providers offer the opportunity for Rental Reservations to be paid (wholly or partly and as required under the payment policy of the Property provider) to the Property provider during the Rental Reservation process, by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit card through a third party payment processor.

For certain (non-refundable) rates or special offers, note that Property providers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the Rental Reservation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Rental Reservation. You will not hold Apartment Japan liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Property provider and not (re)claim any amount for any valid or authorized charge by the Property provider (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.

5. Correspondence and Communication

By completing a Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to your rental property (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Property provider and the APJ Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.

Apartment Japan disclaims any liability or responsibility for any communication by or with the Property provider on or through its platform. You cannot derive any rights from any request to, or communication with the Property provider or (any form of) acknowledgement of receipt of any communication or request. Apartment Japan cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed, or accepted by the Property provider.In order to duly complete and secure your rental reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number.

6. Disclaimer

Apartment Japan is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the rental and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Property provider is solely responsible and assumes all responsibility and liability in respect of the Rental (including any warranties and representations made by the Property provider). Apartment Japan is not a (sub) lessor of the property. Complaints or claims in respect of the rental (including related to the offered price, policy or specific requests made by Customers) are to be dealt with by the Property provider. Apartment Japan is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.

Whether or not the Property provider has charged you for your Rental, or if we are facilitating the payment of the (Rental) price or fee, you agree and acknowledge that the Property provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Rental) price or fee to the relevant tax authorities. Apartment Japan is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the (Rental) price or fee to the relevant tax authorities. Apartment Japan does not act as the merchant of record for any product or service made available on the Platform.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Apartment Japan may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Apartment Japan at its discretion sees fit. You are granting Apartment Japan a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Apartment Japan at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Apartment Japan publishing and using these photos/images. Apartment Japan does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Apartment Japan. Apartment Japan disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Apartment Japan at any time and without prior notice.

7. Intellectual Property Rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Apartment Japan B.V., its Property providers or providers.

Apartment Japan exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Apartment Japan. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right)

8. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Japan law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the local courts in Osaka, Japan.

The original Japanese version of these Terms and Conditions has been translated into English. The translated version is a courtesy only and not an official contract. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Japanese version and the English version of these terms and conditions, the Japanese language version to the extent permitted by law shall apply, prevail and be conclusive. The Japanese version is available on our Platform (by selecting "JP" language).

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

9. Effective Date

The Terms of use shall become effective from January 1, 2019.