Article 1 (Applicable)
- The purpose of TOS is to establish the provision conditions of this service and the rights and obligations between our company and the guest regarding the use of this service, and it applies to all relationships related to the use of this service between the guest and our company.
- If the content of this TOS differs from the explanation of this service outside this agreement, the provisions of this agreement shall take precedence.
Article 2 (Definition)
The following terms used in this TOS shall have the following meanings.
- "Registered User" means an individual or corporation registered as a user of this service based on Article 3 (Registration).
- "Guest" means an individual or corporation who intends to rent or rent the target facility using this service among the registered users who use this service.
- "Host" means an individual or corporation registered as a registered user who uses the Service and who intends to rent or rent the target facility using the Service.
- "Service usage contract" means the usage contract of this service that is concluded between our company and registered users under the TOS.
- "Target Facility" means a facility that is posted on this service and is subject to guest use.
- "Intellectual property rights" are copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (the right to acquire those rights or apply for registration, etc. for those rights). Includes.)
- "Posted data" means the content (including but not limited to texts, images, videos and other data) posted or transmitted by registered users using this service.
- "This service" means the service named "NOWROOM" provided by our company (if the name or content of the service is changed for any reason, the service after the change is included).
- "Usage charge" means the charge regarding the usage of target facility which guest pay to host based on reservation application or contract of facility use. For example, among lease, monthly rent, administration cost, option fees like parking fee are included.
Article 3 (Registration)
- Those who wish to use this service (hereinafter referred to as "registration applicants") agree to comply with this TOS and have certain information specified by the Company (hereinafter referred to as "registration matters"). You can apply to us for registration to use this service by providing us with the method specified by us.
- applicant (hereinafter referred to as "registration applicant") who applied for registration based on paragraph 1 can be registered, and if we approve the registration, we will notify the registration applicant to that effect. Registration as a registered user of the registration applicant shall be completed when the Company gives the notice in this section.
- Upon completion of the registration set forth in the preceding paragraph, a service use contract will be established between the registered user and the Company, and the registered user will be able to use this service in accordance with this TOS.
- The Company may refuse registration and re-registration if the applicant for registration falls under any of the following reasons, and we are not obligated to disclose the reason.
- When there are falsehoods, errors or omissions in all or part of the registration items provided to us
- If you are a minor, a guardian of an adult, a person under curatorship, or an assistant, and you have not obtained the consent of a legal representative, guardian, curator, or assistant.
- Being antisocial forces, etc. (meaning gang, gangsters, right-wing groups, antisocial forces, and other equivalents; the same shall apply hereinafter). Or when the Company determines that it is engaged in some kind of exchange or involvement with antisocial forces such as maintaining antisocial forces, cooperating or being involved in management through funding and other means.
- When the Company determines that the person has violated the contract with the Company in the past or is a related person.
- In addition, when we judge that registration is not appropriate
Article 4 (Change of registered items)
If there is a change in the registered items, the guest shall notify the company of the changed items without delay by the method specified by the company.
Article 5 (Management of passwords and user IDs)
- Guests shall properly manage and store passwords and user IDs related to this service at their own risk, and shall not allow third parties to use them, or lend, transfer, change their names, buy or sell, etc. will do.
- The guest shall be liable for any damages caused by insufficient management of password or user ID, mistake in use, use by a third party, etc.
Article 6 (Positioning of this service)
- This service provides a place for transactions related to the use of the target facility between registered users, and unless otherwise specified, the Company is not a party or agent of the contract regarding the use of the target facility between the host and the guest.
- Unless otherwise specified, our Company shall not be involved in any communication, inquiry or any other negotiations, complaints, troubles or any other disputes between the guest and the host or between the guest and a third party, and shall bear no responsibility. In the unlikely event of negotiations or disputes, the guest shall resolve them at their own risk and expense.
- Relationship between host and guest is to be fixed based on the contract related to target facility use concluded between them. However, the guest is not allowed to conclude the contract which is contradictory or conflict with the TOS and if they do, they are required to contract the correct one promptly.
Article 7 (Reservation of target facility)
- The guest can reserve the use of the target facility by applying to the host according to the method displayed on this service.
- When the guest applies for use after specifying the start date for the target facility on this service and the host indicates the intention of approval on the management screen, it is stipulated that the application for target facility use (hereinafter referred to as “service application”) including the items provided in TOS and other contents of our original target facility usage rule, clearance requirement and other requirements (hereafter referred to as “facility rules”), which separately presented to the guest by the host is established.
- After the reservation contract is concluded, the guest should discuss with the host about the concrete contract for the use of the target facility. In addition, the host may refuse the use of the facility by the guest based on that judgment, and a cancellation fee may be incurred when the guest cancels the use of the target facility. Please read the cancellation policy stipulated in Article 11 carefully before discussing.
Article 8 (Conclusion of individual use contract for target facility)
- Based on Paragraph 2 of the preceding Article, when a guest moves into the target facility, our Company or the host will carry out the legal procedures necessary for the contract, and between the guest and the host, when an agreement is reached on the use of the target facility, a contract between the guest and the host regarding the use of the target facility, which includes the service application, contract regarding the target facility use including the matters and facility rules stipulated in this TOS and the facility rules (hereinafter referred to as "individual use contract") are executed.
- The guest shall comply with this agreement and the individual use contract, and use the target facility in an appropriate manner with the duty of care of a good manager.
- If the guest does not move out within the move-out deadline specified in the individual use contract and the baggage brought in by the move-out deadline is not removed, the guest will be deemed to have waived the ownership of the baggage, etc. The designated person agrees in advance that they may be moved, carried out of the target facility, processed, or disposed of.
Article 9 (Indemnity Agreement)
- Guest is to conclude the Indemnity Agreement with ielove-partners Co., Ltd. from guest’s debt based on Service application or facility use contract when concluding the Service application or facility use contract
- Contents of indemnity Agreement and other conditions is designated based on the attached “Lease warranty consignment contract and guarantee clause or content of guarantee contract” and the contents of Indemnity Agreement between guest and ielove-partners Co., Ltd.
- Guest is to pay the guarantee charge calculated multiplying the prescribed rate to utilization charge based on the attached “Lease warranty consignment contract and guarantee clause or content of guarantee contract” and the contents of Indemnity Agreement between guest and ielove-partners Co., Ltd.
Article 10 (Fee and payment method)
- When the reservation contract is concluded, the guest is obliged to pay the host a usage fee for using the target facility, which is set separately. In addition, based on a separate agreement with the host, we receive this usage fee, the cancellation fee stipulated in article 12 and authority to receive the reinstatement fee from the host in advance. The guest is required to pay the usage fee to the host through our company using the payment agency service by ielove-partners Co., Ltd.
- Please note that if the guest delays the payment of the fees specified in the preceding paragraph, the guest will be required to pay the late damages at a rate of 14.6% per year for the usage fee.
Article 11 (Cancellation Policy)
- If any of the following items apply (hereinafter referred to as "cancellation, etc."), a cancellation fee will be charged to the guest unless otherwise specified by the host. However, if the host discusses with us and finds that there is a reasonable reason for cancellation, or refuses to use the facility, no cancellation fee will be charged.
- When the guest cancels the reservation for using this service after the reservation contract is concluded
- When the guest cancels the reservation contract or individual usage contract in the middle
- When the guest concludes an individual use contract using the coupon and cancels the individual use contract before the minimum residence period specified by the coupon elapses
- If a cancellation occurs, a cancellation fee will be charged according to the provisions of each of the following items according to the time of occurrence. Regarding cancellation of reservation, the amount equivalent to the usage fee paid by the guest when the reservation contract is concluded minus the following cancellation fee shall be returned from the host to the guest via our company.
・ Cancellation up to 1 week before the start date specified in the reservation contract
As a cancellation fee, the guest will be obliged to pay 50% of the total payment amount incurred based on the reservation contract.
・ Cancellation after 6 days before the start date specified in the reservation contract
As a cancellation fee, the guest will be obliged to pay the amount equivalent to the usage fee for one month of the target facility. The same applies if one week has passed from the start date of use without prior or subsequent contact from the guest to the host and the individual usage contract has not been concluded.
・ Cancellation before the conclusion of individual usage contract
As a cancellation fee, the guest will be obliged to pay the amount equivalent to the usage fee of the target facility until the month following the month to which the guest applies for early cancellation.
・ Cancellation of individual usage contract before the expiration of the minimum residence period specified by the coupon
As a cancellation fee, the guest will be obliged to pay the discounted amount of the usage fee by using the coupon.
- If the cancellation occurs due to the host's convenience after the individual usage contract is concluded, the cancellation fee payable by the guest shall not be incurred. In addition, in the case of cancellation due to host convenience, the host shall notify the guest of the cancellation by the message function on this service or other appropriate method.
- The Company shall not be liable for any damages caused to the guest regarding cancellation after the individual use contract is concluded.
Article 12 (Cost of restoring the site to its original condition)
Guest, who concludes the lease contract with guest as facility usage contract, is required to pay the rational cost of restoring the site to its original condition presented by host. For the cost, they use the payment agency service determined in 1, Article 10 and guest is to agree to pay the payment fee, calculated by multiplying the prescribed rate to utilization charge, to ielove-partners Co., Ltd
Article 13 (Prohibited matters)
When using this service, the guest must not perform any of the following acts or acts that the Company deems to be applicable.
- Acts that violate the law or are related to criminal acts
- Acts that are offensive to public order and morals
- Fraud or threatening to us, other users of the Service or other third parties
- Acts that infringe the intellectual property rights, portrait rights, privacy rights, honors, other rights or interests of the Company, other users of this service or other third parties
- Acts that violate facility rules
- Acts of using the facility with a number of people, purpose of use, and mode of use that differ from the contents of the individual use contract
- Dangerous goods, things that generate noise or vibration, bring animals, pets, etc. to the target facility and sell them
- Words, actions, noise, etc. that may cause inconvenience to residents and other guests in the same building as the host
- Rebuilding, reorganizing, remodeling, sticking adhesive tape, tacking, and other actions to change the current status of the target facility without the consent of the host
- The act of giving and receiving money between registered users regarding this service without our consent
- Acts that place an excessive load on the network or system of this service
- Reverse engineering and other analytical activities for software and other systems provided by us
- Acts that may interfere with the operation of this service
- Unauthorized access to our network or system
- Acts of impersonating a third party
- Acts of using the ID or password of other users of this service
- Acts of publicity, advertisement, persuasion or conduct of business on service which our company does not grant in advance.
- Collecting information of other users of this service.
- Acts of giving a disadvantage, damage and discomfort to our company, other users of this service or other third party.
- Acts of supplying profit to antisocial forces and others.
- Acts of causing the acts above directly or indirectly, or making those easy.
- Acts of trying the acts above.
- Other acts which our company considers as inadequate.
Article 14 (Suspension of our service and others)
In case of the situation at any of the following acts, our company will suspend or interrupt supplying our service all or partly without notice to guest in advance.
- In case of inspecting or doing maintenance regarding our computer system of our service urgently.
- In case we cannot operate our service because of damage of computer or communication line and others, wrong operation, concentration of the excessive access, hack and others.
- In case we cannot operate our service because of irresistible forces such as earthquake, lightning, fire, wind and flood damage, blackout and act of God.
- Other cases when our company considers the necessity of suspension or interruption.
Article 15 (Attribution of rights)
- All intellectual property right regarding the supply of our service belong to our company and people who grants the license to our company. Permission for use based on TOS does not mean the permission beyond our service by guest regarding the intellectual property right above.
- About contributed data, guest needs to express and ensure that they have the legal right to contribute and send them, and the contributed data does not infringe on right of the third party.
- About contributed data, guest give our company the license regarding the supply of our service globally, nonproprietary, free of charge, feasible of sublicense, copy, distribution, making the deriving literary work, license regarding expression and execution to extent necessary
- Guest agrees not to use moral right to our company and people who succeed or granted the right by our company.
Article 16 (Deregistration and others)
- Our company can delete or hide the contributed data, make the guest not to use our service temporally or delete the registration as guest without notice or make a notification in advance if the guest corresponded to at any of the following acts.
- In case the guest violates either items determined in TOS.
- In case there are false representation in registered items.
- In case of suspension of payment or insolvency, or commencement of bankruptcy, civil rehabilitation, corporation reorganization, special liquidation or procedure relevant to those are declared.
- In case of not using our service for more than 12months.
- In case they do not reply to our company’s inquiry or others to request contact for more than 30days.
- In case it corresponds to 4, Article 3.
- For others, our company judges that it is improper to continue the service usage or registration as guest.
- In case the guest corresponds to any of the items above, they will lose the benefit of term justifiably and need to pay all debt to our company immediately.
Article 17 (Withdrawal)
- Guest can withdraw from our service and delete the registration as individual registration user completing our company’s designated procedure.
- On withdrawal, if the guest owes a debt to our company, they will lose the benefit of term justifiably and need to pay all debt to our company immediately.
- Treatment of user’s information after withdrawal is to be followed on provisions of article 22.
Article 18 (Change of the content or close of our service)
- Our company can change the contents of our service or finish supplying it for reasons of our own.
- In case our company finish supplying our service, we notify to guests in advance.
Article 19 (Compensation for damage)
In case the guest violates the TOS or facility rule (including but not limited to rule regarding use amount restriction and others of utility expenses) and damage to our company, other registered users or other third parties, the guest bear the responsibility to compensate the damage.
Article 20 (Denial of guarantee and debt relief)
- No matter it is clarification or imply, our company does not guarantee that our service applies to guest’s particular purpose, having expected function, commercial value, accuracy and usefulness, gaining profit which is more than a specific amount from our service, guest’s using our service applies to the law or business organization’s internal rule and others applied to them, capability of using our service continuously, and no possibility that malfunction occur
- Our company does not bear the responsibility for any loss, theft, damage of the guest’s belongings, lease, goods, giftbag, ornament, computer, baggage, products, instruments and others regarding the usage of target facility except the case it is caused by our company’s intention or gross negligence.
- For the damage which guest receive regarding our service, our company does not bear responsibility to compensate beyond the total amount of money which the guest pays to host through our company for the last 3months. Besides, our company does not bear any responsibility to compensate the sequent damage, consequential damage, special damage, future damage and damage of lost profits.
- Regarding trade, contact, dispute and others which is caused among other registered user and the third party related to our service, guest shall resolve on their own responsibility.
- Regarding the service, our company does not bear any responsibility for the damage caused by other registered users or third party.
Article 21 (Removal of antisocial forces)
- Guest promise positively that they are not belong or correspond, and are not involved in and will not be belong to or correspond, be involved in gang, gangsters, company related to gang, professional trouble‐maker at shareholders meetings, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes and other anti-social forces (hereinafter referred to as " anti-social forces ") into the future on using our service.
- In case our company judges that the guest belongs to or corresponds to, or being involved in anti-social forces, we shall take measures like suspension of use of our service, deregistration without notices in advance.
- Our company does not bear any duty and responsibility for the loss from suspension of use of our service, deregistration caused by guest’s violation based on TOS.
Article 22 (Confidentiality)
Guest treats non-public information, which our company opens to guest requesting to treat secretly regarding our service, confidentially except the case there are approval letter by our company in advance.
Article 23 (Handling of users’ information)
- Our company is able to open the information, which guest provides us, search log and access data to the published target property about searching area, period, price and others without specified the individual but as statistical information, to users and third parties including host at the discretion of our company and guest does not object to those.
Article 24 (Change of TOS and others)
Our company can change the TOS to the limit in case we deem it necessary. In case of changing the TOS, we notice or notify the date of operating the revised TOS and contents to guest on our website and other appropriate ways. However, in case we need the consent by the guest is needed legal to change the contents, we gain the consent by guest by our designated ways.
Article 25 (Contact/Notice)
- Contact or notice from guest to our company regarding the inquiry to our service and the change of TOS are to be carried out on our designated ways.
- In case our company contact or notice to E-mail address or other contact address included in the registered items, we deem that the guest receives our contact or notice.
Article 26 (Transfer the post on service use contract and others)
- Guest is not allowed to transfer, transposition, affection and other disposition to third parties by rights and duties based on position of service use contract or TOS without our company’s written agreement in advance. However, in case of notifying the existence of TOS and contents on paper to the third party in advance and give us the copy of the paper, it shall not apply to it.
- In case our company transfer the business regarding our service to other company, it is deemed that we can transfer the position on service use contract, right and duties based on the TOS and registered items of gest and other customers’ information to the transferee of our business ang guest consents the transfer on this article in advance. Further, transfer of business designated in TOS include not only the normal transfer of business but also every case of corporate separation and move of other business.
Article 27 (Separability)
Even when each or part of the articles of TOS is judged as ineffectual or impossibility of execution by consumer contracts law and others, the rest of TOS or the rest which partly are judged as ineffectual or impossibility of execution have effect perfectly continuously.
Article 28 (Applicable law and competent court)
- Applicable law of this TOS and service use contract is Japanese law and decide Japanese as regular language.
- About all dispute originated from TOS or service use contract or related, Tokyo district court is decided as first trial’s exclusive consensus competent court.
[Created on April 1, 2020]
[Revised on August 23, 2020]
[Revised on October 15, 2021]
[Revised on February 17, 2021]
Attached paper：Lease warranty consignment contract and guarantee clause or content of guarantee contract
１．Followed by the additional coverage of lease warranty consignment contract (hereinafter referred to as "consignment contract") and guarantee clause or content of guarantee contract, the maximum amount of assurance and first guarantee fee, renewal guarantee fee, monthly guarantee fee, withdrawal and remittance fee and all conditions of each agent’s commission rate and others are determined as follows.
（１）Monthly payment plan【List①】
※Each guarantee fee is calculated multiplying the guarantee charge rate of classified by use or plan showed above and rent except the case of fixing payment (smaller than a yen omitted). However, in case the calculated fee is less than the minimum guarantee fee, minimum guarantee fee is applied. Besides, in case the rent and others are changed, monthly guarantee fee after change is the fee multiplied rent after change and guarantee charge rate above.
※Monthly guarantee fee（In case of choosing monthly payment type）occurs from the next month after the first contract date to the next month after cancellation. Furthermore, monthly guarantee fee occurs even during free rent and others and are not requested to pay the rent and others. Unpaid monthly guarantee fee is requested to pay all to lessee on first transfer date.
２．Conditions of coverage added to list ① is as follows. Besides, any coverage is on the presupposition that they are written clearly on contract condition of original agreement（lease）.
（１）Guarantee of cost of restoring the site to its original condition is based on ”Guidelines for Preventing Tenant-Landlord Disputes “issued by Tokyo Metropolitan Government Bureau of Urban Development in September, 2004 and ”Ordinance for the Prevention of Residential Rental Disputes in Tokyo”, put into operation in October, 2004, and limited in the range which ielove-partners Co., Ltd judges it rationally for lessee to bear, and consent for the amount of cost of restoring the site to its original condition is made among hirer and lessee after surrender in principle. However, in case of unable to consent the amount of restoring the site to its original condition because of lessee’s unavoidable reasons like missing, this shall not be applied to.
（２）In case the property is approved of having a pet or others, assurance cost of restoring the site to its original condition is limited in case when our company keeps guarantee fee, deposit or others which fee is more than 1month’s rent from the lessee.
（３）Cost of restoring the site to its original condition at death, vacant room compensation because of death, compensation for the decreased rent because of death(afterwards, the death guarantee naming 3 added items generically) applies to suicide at the target room, solitary death and wrongful death. The range of target room is only the room (including exclusively owned space, specifications part like verandah) and does not include joint ownership space. In case of single house, lease building, attached building and the site are included.
（４）Rent which compensate the vacant room rent compensation because of death or compensation of rent decreased by death does not include common service expense, parking fee and variable cost are not included.
（５）The death guarantee does not apply the guarantee to the things caused by reasons in the following.
・Of set purpose, gross negligence or contravention to the law by people who apply to either of things below
① Our company or our legal representative
② People who ought to receive deposit or the legal representative other than ①
・Physical defects of rental housing or building itself which parts are composed of rental housing
・War, reprisal of foreign countries, revolution, insurrection, civil war, armament rebellion or other incident or riot similar to those
・Earthquake, volcanic eruption or tsunami caused by those
・Accidents caused by nuclear fuel material, radioactive polluted by nuclear fuel material, radioactive, explosibility and other harmful characteristics or from those characteristics
・Damage of loss of profits(rent) which caused at rental housing which is not concluded lease contract.
（The death guarantee secured by house owners ‘policy insurance special contract cost and profits insurance which ielove-partners Co., Ltd as policyholder, and regarding the application and others of guarantee, the conditions of insurance takes priority.
（６）The vacant room rent compensation because of death compensates the 50% of monthly rent before the compensation reason occurs in case the next lease contract is not concluded 30days after the terminate date of lease including the date.
（７）Compensation of rent decreased by death compensates the 50% difference of the monthly rent before the compensation reason occurs and the next lease monthly rent.
（８）Only the application of the death guarantee is exclusion of application on precondition written on (2) above.
（９）In case unpaid to the additional list above occurs, our company is to submit the bill to pay the guarantee and others to ielove-partners Co., Ltd less than 60days after the vacation of the house in a way which ielove-partners Co., Ltd designate, and the payday corresponds to paying guarantee.