Host Terms and Conditions
This Agreement of the Host Terms and Conditions (the "intermediary contract") outlined below concerning the provider’s activity (the “experience”), is between The Service Provider (the “activity provider”, “provider”, “you” “yourself” and/or “your”) and “Voyagin, Inc.” (“Voyagin”,“we”, “us” and/or “our”). “Voyagin, Inc.” provides an online platform named “Voyagin” that facilitates connecting hosts who have activities to offer with guests who are interested in participating in such activities, which services are accessible at http://www.govoyagin.com and any other websites through which Voyagin makes its services available.
(1) Upon providing your activity to us, you agree in accordance to the following principles that you entrust the intermediary contract of your activity to us and we accept this.
(Agreement to the contract concerning the activity you provide us and intermediary methods)
(1) With this intermediary contract, you shall inform us of a booking from a customer of your activity (“user” and/or “users”) using our designated form (“Activity Confirmation Form”) to the Web booking service (“Voyagin” and “Site”) we run.
(2) You shall write the following in the Activity Confirmation Form:
(i) Full name of the user.
(ii) The kind of Activity you will be providing.
(iii) The year, month, day and exact time you will be providing the user with your activity.
(iv) The price of your activity (The payment – price including tax - you receive from the user)
(v) The brokerage fee – price including tax - you will provide us with.
(vi) Other required matters concerning the providing of your activity to us.
(3) The Activity Contract shall be formed once you inform us of the user’s booking information and we notify you that we have approved the user’s booking information.
(4) You agree that we may unexpectedly suspend our intermediary duties outlined in this intermediary contract without any compensation in case of technological problems such as accidents at telecommunications firms, natural disasters, maintenance, server/service updates and other technological problems at Voyaginthat make the site impossible or difficult to use.
(Method in which we decide on the brokerage fee and listing price of your activity)
(1) We will decide on the price of the activity you provide us upon mutual agreement between you and us as well as the brokerage fee you will pay us.
(2) If you maintain an online presence for your activity and/or list your activities on other services similar to Voyagin, you agree to provide us with the lowest price you have listed the same activities at either on your own website or on services similar to Voyagin.
(The rights concerning the information you publish on Voyagin)
(1) You shall submit to us the information that will be published on our site which includes information/pictures for your profile and activity (“Profile Information and other similar information”) using the forms we specify.
(2) You warrant that the profile information and other similar information that you provide us does not breach or infringe the copyright or other intellectual rights of third parties.
(3) From the decided time of publication set at Article 4 (1), the copy rights and all intellectual property you provide us with shall be shared between you and us.
(4) You shall not provide to third parties with the published profile information and other similar information without written consent of us.
(5) The profile information and other similar information you provided us accordingly to Article 4 (1) published on our site shall be allowed to be changed by us at any time.
(Pertaining to the providing of your activity)
(1) You shall provide your activity to the user in accordance with the activity confirmation form.
(2) You shall be responsible for the cost/fee it takes to run your activity.
(3) Under your responsibility, you may outsource full or a part of your activity to a third party (including third parties we designate) with the written consent of us. If you are to outsource your activity to a third party, though, you shall notify us of the name, information of the third party, and the reason that you need to outsource your activity in a written document so that we may be able to cancel this outsourcing.
(4) You shall require the third party to comply with all your obligations set forth in this Agreement and shall be liable for any the third party’s breach of your obligations under this Agreement.. You will not have the same responsibilities, though, if we outsource your activity to a third party unless there is a major or deliberate fault on your side.
(5) You shall notify us immediately if you cannot provide an activity to a user or if we find out you are not available to provide users with your activity.
(6) You shall promptly notify us of any complaints from a user about your provided activity.
(7) If you plan to have any sort of money transaction accompanied to your provided activity such as selling tickets or commodities, you shall notify us beforehand.
(You are prohibited to take any action to evade this contract)
(1) You shall not take any action, such as promoting your company in the activity description or any material related to the activity, to evade this contract such as by receiving your activity payment directly from a user or creating a contract between a user and yourself without us being the intermediary.
(2) If you are found to be breaking the aforementioned articles, you shall compensate us double the amount you received from a user for the loss.
(Duty of Confidentiality)
(1) You shall not use any private information of the user or his/her family written (“User’s private information”) on the Activity Confirmation Form or any information you acquired while conducting your activity except for the purpose of providing your activity.
(2) You shall not release the user’s private information to any third parties unless you are outsourcing your activity - provided this information is to that specific third party your outsourcing to.
(4) Neither party is allowed to release any private business related information we and yourself acquired relating to this contract to any third parties. If you are outsourcing your activity, though, you may release private business related information to that specific third party.
(5) The duty of confidentiality outlined in Article 7 does not apply in the following cases:
(i) Any information we possessed before you released it.
(ii) Any public information or information that became public without any breaches by us.
(iii) Any information we received from a third party by legal measures.
(1) You agree and understand that we are not in any way responsible for any damages that is inflicted upon a user through your activity and that you are fully responsible for the damages - provided that the trouble did not result from our server (system difficulty with a third party server, provider, or our network or server).
(2) If we receive complaints or damage claims from users and/or third parties directly regarding or related to your activity, you are fully responsible for the fee for resolving the complaint or damage claim.
(3) If you fail to provide the activity you have written in the activity confirmation form, you are responsible for the fee that we have to pay.
(Article pertaining to the receiving of your activity fee on behalf of the service provider)
(1) The user will pay your activity fee in compliance with the method we designate to us on behalf of you.
(2) The payment stated in Article 9 (1) will be made to us when the user books an activity and will be transferred to you via PayPal after the activity begins provided the user has no complaints with the quality of service of your activity. If the experience is provided in Japan, the payment will be transferred to your bank by the last day of the month following the month the activity was held to a bank account you specify separately.
(3) The payment specified in Article 9 (2) minus the brokerage fee (hereafter referred to as “payout”) will be paid to you or your intermediary.
(4) The payout specified in Article 9 (3) will be paid in either United States Dollars or Japanese yen. In the case where the agreed upon price specified in Article 3 (1) is in a currency other than United States Dollars or Japanese Yen, your payout will be in United States Dollars. We will determine the exchange rate taking the official bank exchange rate of the day the booking is made into reference.
(5) You are responsible for the transaction fees of the payout outlined in Article 9 (4).
(1) After you agree to this contract, this contract is valid for 1 year.
(2) If there aren’t any requests in written form by you or us three months before the contract expires, the contract will automatically be extended for an year under the same conditions and will be done so hereafter.
(1) You or we can terminate this contract immediately and make damage claims to each other without notification if we or you apply to the following:
(i) Breach this Agreement, and does not address the issue within 30 days of notification that is sent via a written form.
(ii) Is under a claim of a distress warrant, provisional attachment warrant, provisional disposition and Auction or in the process for the recovery of taxes in arrears or any other legal punishment process as well as being in the process of being in or filing for bankruptcy, a corporate reorganization, civil rehabilitation, and/or special liquidation procedure.
(iii) Is under a situation that suspends or prohibits payment due to a dishonor of bill concerning bills and checks written or received.
(iv) When there is inappropriate or inadequate behavior and/or action to a user.
(v) When you damage Voyagin’s credibility or intrude on the running of the site and any other service we run.
(vi) If we are under criminal proceedings or procedure.
(Applicable laws and exclusive agreement jurisdiction court)
(1) If there is a dispute regarding rights caused from this contract between you and us, the first instance exclusive agreement jurisdiction court will take this case, in compliance with Japanese law, to either the Tokyo Summary Court or the Tokyo District Court.
(1) In the event of any ambiguities arising in the interpretation of this contract or any matter not stipulated herein shall be determined in accordance with the provision of this agreement between you and us.