The following terms used in this Agreement shall have the meanings set forth below.
(1) "Service" means the real estate information service operated by the Company under the name "HowMa", the service related to the sale of real estate, and the message distribution and other services for members provided by the Company in conjunction with the said site.
(2) "User" means any user of the Service (whether or not registered as a member).
(3) "Member" means a user who has registered personal information (as defined in the "Privacy Policy") and other information with the Service through procedures specified by the Company and approved by the Company.
(4) "Service Usage Agreement" means these Terms and Conditions and the Service Usage Agreement between the Company and the User.
(5) "User Company, etc." means a real estate company or other affiliated company or organization that has entered into a contract with the Company for the use of the Service.
1. This Agreement and the " Privacy Policy " and other terms and conditions separately stipulated by the Company ("Privacy Policy, etc.") shall apply to all users of the Service, and users shall agree to the Privacy Policy, etc. before using the Service.
2. We deem that the user's use of the Service constitutes acceptance of these Terms of Use.
In the event of any discrepancy between the terms and conditions of this Agreement and the Company's rules or other explanations of the Service outside of this Agreement, the provisions of this Agreement shall take precedence over the terms and conditions of this Agreement.
1. members may use the member services of the service only after registration and approval by the company.
Members shall register as members of their own volition and responsibility, and shall use the Service in accordance with the instructions provided to them at the time of registration.
A MEMBER MAY ONLY HAVE ONE MEMBER ID PER MEMBERSHIP REGISTRATION FOR THE SERVICE. 3.
Members may change, add, or delete information they have registered with the Service at any time on the Service's members-only page.
Members are responsible for the accuracy, truthfulness, and currency of all information registered with the service, and are required to update their information promptly if there are any changes to their registered information.
If the Company requests the Member to submit materials for verification or proof of registration, the Member shall comply with the request within the period specified by the Company. 2.
If we determine that a user has registered as an impersonator or has registered multiple memberships, we may cancel the membership or delete the membership information without explaining the reason.
If a third party claims that all or part of the information registered by a member on the service is incorrect, or requests that a member's registration or registration information be deleted, the member agrees in advance that the Company may delete all or part of the information without prior notification. 2.
Even if a member does not cancel or does not wish to cancel his/her membership, his/her membership may be cancelled during database maintenance of the Service if he/she has not logged into the Service's members-only page once during the one-year period since his/her membership registration.
Even if a member does not wish to unsubscribe from the service, if the service's mail server receives more than a certain number of error notifications, such as incoming mail server errors or unknown destinations, even though mail has been sent to the member, the member may be removed from the mail distribution list during database maintenance for the service. In such cases, the member may be removed from the e-mail distribution list during the service's database maintenance.
Messages sent or received by a member to or from a company or user stored in the Service's database for more than one year may be deleted during the maintenance of the Service's database.
6. Members shall not print out or disclose to a third party any promotional or valuation information received from a company or other entity.
1. members acknowledge and use the service with the understanding that the company does not guarantee the certainty of real estate brokerage or purchase, the introduction of property valuation or potential property sales, the availability of recommendations for companies or individuals who provide brokerage or purchase information, the ability to sell or purchase property at the desired price, or any other effects of the service. The user acknowledges and agrees in advance that the service is not intended to guarantee the certainty of any of the following.
Members agree that the Company is not responsible for any information or services provided by companies or users using the Service's functions or through other means, or information or services provided by external sites linked to the Service.
Members shall be solely responsible for providing their opinions and information in response to questionnaires (hereinafter referred to as "Questionnaire"). 1.
The Company may edit and reprint the survey results in any information media edited and published by the Company without the prior consent of the member. In such cases, the Company shall retain all copyrights to the reprinted survey results.
The Company may send questionnaires to members based on their registration information and conduct interviews by telephone or e-mail for the purpose of improving the quality of service and confirming the currentness and accuracy of their registration information. 3.
The Company may use the information obtained from members in accordance with the preceding paragraph for the purpose of improving the quality of the service, supporting the sale of properties by such members, capturing the effect of the service, and referring facts to the companies using the service, etc. The Company shall not be liable for any loss or damage arising from the use of the information obtained from members.
If the Company determines that a member has violated the Terms of Use, the Company may suspend the member's use of all or part of the member services or expel the member from membership in the Service without prior notice to the member.
1. regardless of whether before or after membership registration or cancellation, the Company may analyze the personal information registered by members using the Service, the Service usage history, and these without identifying or specifying individuals, and then create statistical data, attribute information, etc. processed, aggregated, and analyzed in such a way that individuals cannot be identified or specified, and may use the results of such analysis, usage history, statistical data, attribute information, etc. without limitation. The results of such analysis, usage history, statistical data, attribute information, etc. may be used without any restrictions, and the user agrees to this in advance.
Members agree in advance that the Company may view the history of use of the service by members, and that the Company may use the service's system to check the opening of various types of information sent to members by companies using the service. In addition, the Company may view and use the history and content of messages sent and received between the Member and the Company or other Members, and the Member agrees to this in advance.
After a member discloses his/her personal information to a user company, the Company may receive reports from the company on the progress of providing services to the member, and the member agrees to this in advance. 3.
The estimated market price information provided by the Real Estate Information Service is information that has been collected and analyzed using our proprietary methods, and the user shall use the information provided by this service as reference information for real estate transactions, etc.
Users shall use the Service with the understanding that the transaction price of real estate varies depending on individual factors such as area, shape, and frontage road conditions, and that the price of the same real estate may differ depending on the circumstances under which the transaction took place.
(3) The User understands that information provided by the User (including, but not limited to, information and advertisements provided by third parties including real estate companies) is provided at the sole risk of the User and the Company. You understand that the information provided by the Companies and Users (including, but not limited to, information and advertisements provided by third parties, including real estate companies) is provided at their own risk, and you acknowledge in advance that the Company makes no warranty as to the up-to-dateness, truthfulness, legality, safety, appropriateness, usefulness, or certainty of brokerage or purchase of the information provided.
The Company does not guarantee that there will be no malfunctions, errors, or failures in the provision of information by the Companies or Users, that the information provided by the Companies or other Users is accurate, or that the services, information, etc. provided by the Companies or Users will meet the expectations of the Users. The Company does not guarantee that the information, etc. provided by the companies, etc. using the Website or other users will be accurate or that the services, information, etc. provided by the companies, etc. using the Website or users will meet users' expectations.
In the event that a third party reproduces information provided on the Service on a website other than the Service, we make no warranty as to the up-to-dateness, truthfulness, legality, safety, appropriateness, or usefulness of the information on such website, whether or not the user can identify that the reproduction is from the Service. The Company does not guarantee the up-to-dateness, truthfulness, legality, safety, appropriateness, or usefulness of the information on such websites, whether or not the user can identify such information as having been reproduced from the Service.
1. there shall be no compensation for the use of the Service.
(2) MUTOH HOLDINGS may provide optional functions in the Service for a fee. The amount, payment method, and other details of such optional functions will be separately presented by the Company.
1. a User may apply to the Company for use of the HowMa Online Sale Service for the purpose of selling real estate that the User owns or has the authority to dispose of, by providing the Company with certain information, identification documents, a certified copy of the registry, and other necessary documents in a manner prescribed by the Company. The applicant must provide the Company with certain information, identification documents, certified copy of registration and other necessary documents in a manner prescribed by the Company.
By applying to use the HowMa Online Sale Service, the user is requesting that the Company conduct interviews with the user about the circumstances of the sale, take photographs of the user and the property he/she wishes to sell, verify the user's identity, obtain registration information on the property he/she wishes to sell, send a valuation request to a real estate company The user is deemed to have requested the Company to carry out other related investigative work.
3. as a necessary function of the Service, MUTOH HOLDINGS will provide the functions specified in each of the following items. The Company may add additional functions that may be beneficial to the user from time to time.
(1) A function that allows you to register information on real estate you wish to sell.
(2) A function that can conclude or negotiate a mediation contract (including general mediation, full-time mediation, and under-exclusive-contract exclusive duty mediation) with a user company, etc. (2) A function that enables the conclusion of a mediation contract (including general mediation, full-time mediation, and under-exclusive-contract exclusive duty mediation) or its negotiation with a user company, etc.
(3) Functions that enable communication with user companies, etc.
(4) Other functions related to the preceding items
4. This service provides an opportunity for the formation of a real estate brokerage contract between a user and a real estate agent, and the Company shall not be involved in any communication or actual exchange between users and between users and using companies, etc. other than for the purpose of providing this service.
With regard to the function of Paragraph 2, Item 2, if the user wishes to change the brokerage price or other contract terms of an already concluded brokerage contract, the user shall notify the company using the service to that effect, and the changed brokerage contract shall be displayed on the service or by any other appropriate method.
The Registered User agrees in advance to assume all responsibility arising from the use of the Service. However, in the case of reasons attributable to the Company, the Company shall assume responsibility in accordance with Article 14, Paragraph 3.
1. there shall be no compensation for the use of the Service.
(2) MUTOH HOLDINGS may provide optional functions in the Service for a fee. The amount, payment method, and other details of such optional functions will be separately presented by the Company.
1. In using the Service, Users shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.
(1) Actions that violate laws and regulations or are related to criminal activities
(2) Fraudulent or threatening acts against the Company, other users of the Service, or other third parties
(3) Acts against public order and morals
(4) Infringing the intellectual property rights, portrait rights, rights of privacy, honor, or any other rights or interests of the Company, other users of the Service, or any other third party
(5) Transmitting to us or other users of the Service, through the Service, any information that we deem to fall under or correspond to any of the following
(a) Information containing excessively violent or cruel expressions
(b) Information that contains computer viruses or other harmful computer programs
(c) Information that includes expressions that defame or discredit the Company, other users of the Service, or other third parties
(d) Information containing excessively obscene expressions
(e) Information containing expressions that promote discrimination
(f) Information including expressions that promote suicide or self-harm
(k) Information containing expressions that promote the inappropriate use of drugs
(k) Information containing antisocial expressions
(K) Information that seeks to spread information to third parties, such as chain mail
(c) Information that includes expressions that may cause discomfort to others
(6) Excessive load on the Service's network or system, etc.
(7) Acts that may interfere with the operation of this service
(8) Unauthorized access or attempted unauthorized access to our network or system, etc.
(9) Impersonating a third party
(10) USE OF IDS OR PASSWORDS OF OTHER USERS OF THE SERVICE
(11) Advertising, publicity, solicitation, or sales activities on the Service that are not authorized in advance by the Company
(12) Collection of information of other users of the Service
(13) Actions that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties
(14) Provision of benefits to antisocial forces, etc.
(15) Actions that directly or indirectly cause or facilitate any of the aforementioned acts
(16) Other acts that the Company deems inappropriate
2. if any damage is caused to us or any third party as a result of any of the acts listed in the preceding paragraph, the user shall assume all legal responsibility and shall compensate us and any third party for such damage.
3. if the Company determines that a user has committed any of the acts listed in the preceding two paragraphs, the Company may suspend the use of the Service without prior notice.
All intellectual property rights related to the Service are the property of the Company or its licensors, and the permission to use the Service under these Terms of Use does not imply a license to use the intellectual property rights of the Company or its licensors related to the Service.
You represent and warrant to us that you have the legal right to post or transmit the posted data and that the posted data does not infringe upon the rights of any third party.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the Submitted Data.
You agree not to exercise your moral rights against us or any person who has succeeded to or licensed rights from us.
The Company's handling of user information shall be governed by a separate privacy policy, and the user agrees to the Company's handling of user information in accordance with this privacy policy.
We may, at our discretion, use and disclose information, data, etc. provided by users to us as statistical information in a form that does not identify individuals, and users shall not object to such use and disclosure.
The Company shall not be liable for any damage caused by viruses that cannot be prevented by ordinary anti-virus measures, damage caused by natural disasters, or other causes beyond the Company's control (hereinafter referred to as "force majeure"). The Company cannot guarantee that data in the Service will not be erased or altered due to such force majeure events. Members are requested to save data on the Service at their own risk.
1. you represent and warrant that you are not currently a member of a crime syndicate, a member of a crime syndicate, a person for whom five years have not passed since he/she ceased to be a member of a crime syndicate, a quasi-organized member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a socially motivated group, a special intelligence group, or other similar person (hereinafter referred to as a "crime syndicate, etc."); and (iii) You represent and warrant that you do not fall under any of the following items, and that you will not fall under any of the following items in the future.
(1) Having a relationship in which it is recognized that the management is controlled by a crime syndicate member, etc.
(2) Having a relationship in which it is recognized that a crime syndicate member, etc. is substantially involved in the management of the company.
(3) Having a relationship that is deemed to involve unjustified use of Boryokudan-in etc., such as for the purpose of making unjustifiable profit for oneself or a third party or for the purpose of inflicting damage on a third party.
(4) Having a relationship that is recognized as being involved in providing funds, etc., or offering favors, etc., to a crime syndicate member, etc.
(5) An officer or a person substantially involved in the management has a socially reprehensible relationship with a Bouryokudanin, etc.
2. the user shall ensure that he/she or a third party will not engage in any of the following acts.
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Use of threatening words or actions or violence in connection with transactions
(4) Acts of spreading false rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business.
(5) Other acts similar to the preceding items
User may not assign, transfer, pledge as security, or otherwise dispose of User's position under the Service Usage Contract or rights or obligations under these Terms of Use to any third party without prior written consent of SOFTBANK TELECOM.
In the event of transfer of the business related to the Service to another company, SBM may transfer the position under the Service Usage Contract, rights and obligations under these Terms of Use, and user registration items and other customer information to the transferee of such business transfer, and the user agrees in advance to such transfer in this section. The User shall be deemed to have agreed in advance to such transfer in this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
We shall not be liable for any damages (including mental anguish, interruption of real estate transactions, etc., or any other financial losses) resulting from the use of the Service by users.
1. the Company may make changes to the Service without prior notice to the User.
The Company may suspend or terminate the Service with one (1) month's notice to the User.
1. the Company may temporarily suspend the Service without prior notice or consent if the Company determines that any of the following events applies
(1) When performing system maintenance or modification
(2) When natural disasters or other emergencies have occurred or are likely to occur, making it difficult to operate this service
(3) In other cases where the Company deems it necessary or unavoidable
SERVICE CONTENTS, INFORMATION, AND URLS OF THE SERVICE ARE SUBJECT TO CHANGE OR DISCONTINUATION WITHOUT NOTICE.
The Company reserves the right to change the Terms of Service at any time, except in cases where there is a risk of material impact on members. The Company shall be deemed to have notified the user of any changes to the Terms of Use on the Service, and the user shall be deemed to have accepted the Terms of Use at the time of use of the Service by the user.
If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
The Services and these Terms of Use shall be governed by the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising in connection with the Services or these Terms of Use.