GENTEMSTICK
DEMO CENTER・SHOWROOM
TERMS OF USE
Article 1 (Purpose of this Terms of Use)
The purpose of this Terms of Use (hereinafter referred to as the "Terms of Use") is to set forth the necessary terms and conditions for a rental agreement between Tamaya Products Ltd. (hereinafter referred to as the “Company”) and a person who rents a snowboard and accessories such as bindings (hereinafter collectively referred to as the "Rental Board etc.") designated by the Company, which are rented at the GENTEMSTICK DEMO CENTER・SHOWROOM (hereinafter referred to as the "Service") operated and provided by the Company. The purpose of this Terms of Use is to set forth the necessary terms and conditions of the rental agreement between the Company and the person who rents the rental board (hereinafter referred to as the "Subscriber").
Matters not stipulated in these Terms of Use or the agreement for Service shall be governed by applicable laws and regulations or general customs.
Article 2 (Contract for Use of the Service)
1. The Subscriber who wishes to use the Service shall agree to the rental fee and other terms of this Terms of Use as specified by the Company, fill out and submit an application form as specified by the Company, and apply for registration for use of the Service. In the event that a minor, an adult ward (seinen hi-koukennin), a person under curatorship (hi-hosanin), or a person under assistance (hi-hojonin) would like to use the Service, the consent of his/her legal representative, guardian, curator, or assistant, respectively, shall be required.
2. The following persons are NOT eligible to register for the Service
（1） Any person who has violated or has been terminated from these Terms of Use, the Agreement regarding Service, or any contracts with the Company in the past.
（2） Boryokudan (organized crime groups), Boryokudan members, persons who have ceased to be organized crime groups after a lapse of five years, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, general assemblymen, socially motivated groups, special intelligence groups, or other similar persons or their members (hereinafter collectively referred to as "Anti-Social Forces")
（3） Persons having the following relationships
(a) Relationship in which Anti-Social Forces are deemed to control its management
(b) Relationship in which Anti-Social Forces are deemed to be substantially involved in its management
(c) Relationship that is deemed to involve the use of Anti-Social Forces for the purpose of gaining unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.
(d) Cooperation with or involvement in the maintenance or operation of Anti-Social Forces, such as providing funds, etc. or benefits to antisocial forces.
(e) Socially reprehensible relationships with Anti-Social Forces
（4） In addition to the preceding items, any person whom the Company reasonably deems inappropriate to provide the Service.
3. Upon receipt of an application under Paragraph 1, the Company shall confirm necessary matters such as the rental board, etc. desired by the Subscriber, the desired rental period, the Company's prescribed usage fee, and the time of payment of the fee.
4. The Subscriber shall provide the necessary materials (including but not limited to identification documents) for the examination of the contents of the confirmation, etc. as described in the preceding 3 clauses, as separately requested by the Company. Failure to provide such documents will result in the inability to register for use of the Service.
5. A contract for the use of the Service between the Subscriber and the Company shall be deemed to be concluded when the Company registers the Subscriber for the use of the Service after examination based on the application in Paragraph 1 and the confirmation in Paragraph 3.
6. After the conclusion of the Service Agreement based on the preceding paragraph, the Subscriber may not change any contents of the Service Agreement, except with the consent of the Company.
Article 3 (Change of Notification)
1. When there are any changes in the matters stated by the Subscriber in the application prescribed in Paragraph 1 of the preceding article or other matters notified to the Company by the Subscriber, the Subscriber shall promptly notify the Company of such changes by the method designated by the Company.
2. The Company shall not be liable for any loss or damage incurred by the Subscriber due to failure of the Company to reach the Subscriber or delay in delivery of communications, notices, etc. to the Subscriber as a result of the Subscriber's failure to submit the notification in the preceding paragraph.
Article 4 (Usage Fees)
The Subscriber shall pay to the Company the fees for the Service according to the contents of the Service in accordance with the Company's separately stipulated Fee Rules (the “Fee Rules”) by the payment due date stipulated in the agreement for the Service that has been concluded. The Company's Fee Rules are subject to change at any time.
Article 5 (Management of Use of Rental Boards, etc.)
1. After the conclusion of the agreement for the Service in accordance with Article 2, Paragraph 5, the Company shall deliver the Rental Board, etc. to the Subscriber in accordance with the details of the agreement.
2. Upon receipt of the Rental Board, the Subscriber shall promptly confirm that there are no malfunctions or defects in the Rental Board, and confirm that the Rental Board is consistent with the contents of the agreement for the Service that has been concluded.
3. The Subscriber shall use, keep, and manage the Rental Board, etc. with the provisions of this Terms of Use (including the contents of Appendix 1 of this Terms of Use) and the care of a good manager during the effective period of the agreement for the Service that has been concluded.
4. If the Subscriber recognizes any abnormal malfunction, etc. while using the Rental Board, etc., the Subscriber shall immediately stop using the Rental Board, etc., notify the Company to that effect, and follow the Company's instructions.
5. The Subscriber shall be responsible for resolving any accidents that occur while using the Rental Board, etc., at his/her own responsibility and expense, and shall not cause any trouble and/or inconvenience to the Company.
6. In the event of theft or loss of the Rental Board, etc., the Subscriber shall immediately report to the nearest police station to submit report of theft or lost, etc. and to take any appropriate procedure, or notify the nearest ski resort, etc., and shall immediately report such theft or lost to the Company and follow the Company's instructions.
7. The Subscriber shall indemnify and hold the Company harmless from and against any and all damages (including but not limited to direct damages, indirect damages, lost profits, and legal fees and other dispute resolution costs) caused by the theft, loss, or destruction of the Rental Board, etc. for any reason whatsoever.
Article 6 (Return of Rental Board, etc.)
1. The Subscriber shall return the Rental Board etc. and other items received from the Company to the Company by the expiration date of the rental period specified in the concluded agreement for Service.
2. Upon return of the Rental Board, etc. to the Company, the Subscriber shall restore the Rental Board, etc. to the condition in which it was delivered, except for deterioration or wear resulting from normal use.
3. If the Rental Board, etc. is damaged beyond normal wear and tear due to normal use, the Subscriber shall pay to the Company an amount equivalent to the cost of repair. If the Rental Board etc. cannot be returned to the Company due to theft or loss of the Rental Board, or if the Rental Board is severely damaged and difficult to repair, the Subscriber shall pay the Company an amount equivalent to the replacement cost of such Rental Board.
Article 7 (Prohibited Matters)
The Subscriber shall not engage in any of the following acts
（1） Any act in violation of this Terms of Use (including but not limited to the acts listed in Article 5)
（2） Any acts that infringe on the rights or interests of the Company
（3） Making a false notification to the Company
（4） The following acts by oneself or by using a third party
(a) Violent demanding acts
(b) Unreasonable demands beyond legal responsibility
(c)Threatening words or deeds or using violence
(d) Acts of spreading false rumors, using deceptive means or force to obstruct the Company’s business or damage its credibility
(e) Any other acts similar to the preceding items
（5） Using the Rental Board, etc. for purposes other than the prescribed use, or subleasing or allowing a person other than the Subscriber to use the Rental Board, etc. as specified in the agreement for Service that has been executed.
（6） Use of Rental Boards etc. in a manner that violates applicable laws, regulations, rules (including self-imposed rules), customs, or public order and morals, including violations of the safety rules of ski resorts, etc.
（7） Altering the original state of the Rental Boards etc. at the time of delivery, such as by remodeling or refurbishing the Rental Boards etc.
（8） Carrying Rental Boards, etc. out of Japan
Article 8 (Handling of Personal Information)
The Company will manage the personal information of Subscribers held by the Company in accordance with the "Privacy Policy" set forth by the Company.
Article 9 (Temporary Suspension of this Service)
1. To maintaining the quality of the Service, etc., the Company may temporarily suspend provision of all or part of the Service and conduct inspections, etc.
2. In the case of the preceding paragraph, the Company will notify the Subscriber in advance of the temporary suspension of the provision of the Service and the period of such suspension. However, this shall not apply in the case of an emergency.
3. The Company shall not be liable for any damages incurred by the Subscriber because of the temporary suspension of the Service pursuant to this Article.
Article 10 (Prohibition of Use of the Service and Cancellation of Agreement for Service)
1. In the event that a Subscriber falls under any of the following items, the Company may immediately prohibit the use of this Service or cancel all or part of the agreement for Service without any notice. In this case, the Company's claim for compensation for damages against the Subscriber shall not be precluded.
（1） When Subscriber commits an act that violates this Terms of Use or the agreement for Service that has been concluded.
（2） When any of the items of Article 2, Paragraph 2 applies.
（3） When a suspension of business or revocation of business license or permit has been imposed
（4） When payment is stopped or suspended or becomes insolvent, or when a bill or check is dishonored
（5） When a third party files a petition for seizure (sashiosae), provisional seizure (kari-sashiosae), provisional disposition (kari-shobun), or auction (keibai), or receives a disposition for delinquent payment of taxes and public dues
（6） When a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, or other similar legal insolvency proceedings has been filed, or when a petition for such proceedings has been filed by Subscriber itself.
（7） When it is recognized that a material change in assets or credit status has occurred and there is a risk that performance of obligations under this Terms of Use and the agreement for Service may become difficult.
2. In the case of the preceding paragraph, the Subscriber shall forfeit the benefit of time (acceleration) with respect to all debts owed by the Subscriber to the Company.
Article 11 (Termination by Subscriber)
1. The subscriber may not terminate the agreement for Service after it has been concluded without the Company's consent.
2. Even if the Subscriber cancels the agreement for Service with the Company's consent, any money has been paid by the Subscriber to the Company will not be refunded in principle.
Article 12 (Third Party Consignment)
The Company may, at its own responsibility, outsource a part of the operations related to the Service to a third party. In such a case, the Company shall make the third party assume the same level of confidentiality obligations as the Company assumes to the Subscriber.
Article 13 (Liability for Damages of the Company)
1. In the event that the Company causes damage to the Subscriber in relation to the Service for reasons attributable to the Company, the Company shall compensate the Subscriber for actual and direct damages, up to the total amount of the usage fees paid by the Subscriber under this Terms of Use.
2. The limitation on the scope and amount of liability for damages in the preceding paragraph shall not apply in the event of willful misconduct or gross negligence on the part of the Company.
Article 14 (Liability for Damages of Subscriber)
If the Subscriber causes damage to the Company or any other third party due to or in connection with the use of the Service for reasons attributable to the Subscriber, the Subscriber shall compensate the Company or the third party for all damages (including but not limited to direct damages, indirect damages, lost profits, and dispute resolution costs such as attorney's fees).
Article 15 (Delayed Payment of Damages)
If the Subscriber fails to perform his/her financial obligations under the Terms of Use and the agreement for Service that has been concluded, the Subscriber shall pay to the Company a late payment penalty at the rate of 14.6% per annum.
Article 16 (Confidentiality)
1. "Confidential Information" as used in this Terms of Use shall mean all technical, business, operational, financial, or organizational information concerning the other party, which is provided or disclosed to the Company or the Subscriber by the other party in writing, orally, or through recorded media, or otherwise, or which may become known to the Company or the Subscriber in connection with the Service. However, information falling under any of the following items shall be excluded from Confidential Information.
(1) That which was already generally known or known to the public at the time it was provided or disclosed by the other party or at the time it became known to the public
(2) After being provided or disclosed by the other party or becoming known to the other party, the information becomes public knowledge for reasons not attributable to the other party.
(3) Legally obtained from a third party authorized to provide or disclose the information without any obligation of confidentiality
(4) Developed independently without Confidential Information
(5) Written confirmation from the other party that confidentiality is not required.
2. The Company and the Subscriber shall use Confidential Information only for the purpose of the Service, and shall not provide, disclose or divulge the other party's Confidential Information to any third party without the other party's consent, unless otherwise provided for in this Terms of Use.
3. Notwithstanding the provisions of Paragraph 2 of this Article, the Company and the Subscriber may disclose Confidential Information pursuant to an order, demand, or request that is enforceable by law, court, or government agency.
Article 17 (Prohibition of Transfer)
The Subscriber may not transfer its rights and obligations under this Terms of Use and the agreement for Service to a third party.
Article 18 (Notification)
Notices from the Company to the Subscriber shall be addressed to the e-mail address or other contact information that the Subscriber provided to the Company at the time of application for the Service, and shall be deemed to have arrived at the time when the notice should have normally arrived.
Article 19 (Governing Law and Language)
1. This Terms of Use shall be construed in accordance with the laws of Japan.
2. This Terms of Use shall be deemed to be originally written in Japanese language, and any other language versions are for reference only and shall have no legal effect whatsoever.
Article 20 (Agreed Jurisdiction)
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes related to these Terms of Use and the Service.
Article 21 (Modification of this Terms of Use)
The Company may change the Terms of Use in accordance with Article 548-4 of the Civil Code of Japan. In the event of modification of the Terms of Use, the Company shall notify the modification, the contents of the modified Terms of Use, and the effective date of the modification at the Company's head office, branch offices, and on the Company's website.
This Terms of Use is
Established on November 11, 2023
Revised on December 18, 2023