APP Terms of Use | Tokyu Stay official

Terms of Use for Tokyu Stays Application

Tokyu Resorts & Stays Co., Ltd. (“Company” or “we”) provides our customers with services through the Tokyu Stays Application (“App”) according to the provisions of these terms of use (“Terms”). All our customers who use the App (“Users” or “you”) shall accept the provisions of the Terms before starting the use. The conditions for using the App may be changed without prior notice.

Article 1. (Grant of License)

The Company grants the Users a license to download and use the App on terminal devices, such as mobile phones, compatible with the App (“Terminals”) under the provisions of the Terms and accompanying rules and conditions of use.

Article 2. (Information Provided on App)

The Company makes no warranty on the accuracy, currentness, usefulness, or any other quality of the information provided on the App. The Company may, at its discretion, add to, change, revise, delete, suspend or discontinue the release of, or otherwise handle information provided on the App without prior notice.

Article 3. (Details of Services)

For the details of services provided to the Users, please see the website operated by the Company. The Company may, at its discretion, add to, change, suspend, discontinue, or otherwise handle those services without prior notice.

Article 4. (Consent)

You may use the App subject to your agreement to the Terms and accompanying rules and conditions of use. Upon using the App, you will be deemed to have agreed to the Terms and accompanying rules and conditions of use.

Article 5. (Users’ Obligations and Responsibilities)

You shall prepare a telecommunication device and software, execute contracts for a phone and a mobile Terminal, subscribe to an internet service provider, and make other necessary arrangements for using the App at your expense and responsibility.

Article 6. (Intellectual Property Right)

All intellectual property rights (including copyrights, trademarks, and any other rights) in and to the App’s program and its content provided by the Company to the Users belong to the Company or a service provider that grants to the Company a license to use those rights (“Service Provider”). If you infringe any intellectual property rights of the Service Provider, or if that infringement results in litigation or another type of dispute between you and the Service Provider, you shall settle that dispute at your expense and responsibility. And you shall not cause any damage or loss to the Company and the Service Provider.
You may NOT rent, lease, loan, sell, assign, distribute, make available for transmission, or sublicense the App.
You may NOT copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, alter, or create derivative works of the App or its content in the whole or a part.

Article 7. (Collected Information)

To offer services tailored to your needs by giving a push notification or another notice, the Company may collect the following types of information (“Users Information”) through the App. Please understand in advance that if you do not give the necessary consent to us to collect your Users Information, we may not provide you with appropriate services.
1. Token for a push notification (“Token” means a unique ID issued by Apple/Google, which is used for sending a push notification): To identify the User when providing services
2. Information about the use/non-use or granting of access (push notification, biometric identification, Wi-Fi transmission, Bluetooth transmission): To utilize for improving and fixing bugs of the App and analyzing data
3. Usage logs on the App: To utilize for improving and fixing bugs of the App, analyzing data, and implementing a service or providing information tailored to your needs
4. Information about the execution environment of the App (terminal device information, OS version): To utilize for improving and fixing bugs of the App and analyzing data
5. Location information (longitude and latitude): To identify your location or area and offer services appropriate for the location/ services based on the location information
The Users Information will be forwarded to a server installed by the Company or a contracted third party that handles the Users Information and be used within the scope of the purposes listed above. The Company may provide the Users Information to any of our business partners concerned within the scope of the purposes listed in paragraph 1. above.

Article 8. (Third Party Sites)

The App may contain links to independent third-party websites (“Linked Websites”). As those Linked Websites are operated and administered by each party concerned, you shall use them according to their respective terms of use, policies concerning personal information protection, and other relevant rules. The Company shall not be responsible for their content, the protection of personal information, or any other matters relating to your use of the Linked Websites.

Article 9. (Disclaimer)

In connection with your use of the App, the Company makes no warranty on the completeness and safety of the App’s behaviors on the Terminal, its compatibility with the Terminal and its security (such as the occurrence of errors or problems, their corrections, unauthorized access by a third party to the App and the server, intrusion of computer virus and other malicious apps, and other breaches) , its effectiveness, usefulness, reliability, non-infringement on third parties’ rights, and any other aspects. You shall use the App at your responsibility.
Excepting cases of intent or gross negligence on the Company, we shall not be liable to compensate for prejudice or damage sustained by you from the use of the App (including, but not limited to, the following cases.)
1. Damage arising from the use or non-availability of content on the App
2. Damage caused by accident out of your carelessness in cases, for instance, where you operate the App or fix your eyes on its screen while driving or walking
3. Prejudice or damage arising from the addition, modification, correction, deletion, suspension or discontinuance of the release, or other changes of information or functionalities provided on the App, or the restrictions newly imposed on the use of the App
4. Damage arising from the use of various information obtained from third party’s websites linked on the App (Linked Websites).
5. Prejudice or damage arising from a failure in software or hardware, corruption by a computer virus, loss or destruction of data, or a similar problem as a result of the use of the App
6. Prejudice or damage arising from trouble or problem that occurs between you and another User or a third party
7. Damage arising from the suspension or discontinuance of the provision of the App in the whole or a part
8. Prejudice or damage sustained by you from a defect, failure, or problem in the App or communication network, or your improper use outside the specified method for using

Article 10. (Prohibitions)

In connection with your use of the App, you shall:
1. Not use the App outside the specified method for using,
2. Not use the App beyond the scope of private use, such as for sales marketing, a profit, or other business purposes,
3. Not conduct any act that hinders or impedes the operation of the App (or the server and network connected to the App),
4. Not collect, disclose, or provide other persons’ personal information improperly,
5. Not conduct any act that, or is likely to, infringe intellectual property rights, such as copyrights and trademarks, privacy rights, portrait rights, reputation, or any other rights of the Company or a third party,
6. Not conduct any act that violates the laws, public policy, the Terms and accompanying rules and conditions of use, or other relevant rules,
7. Not provide favors or benefits to any antisocial elements, and
8. Not conduct any other acts deemed by the Company inappropriate.

Article 11. (Suspension of Use/ Compensation for Damage)

If you violate the Terms, the Company may immediately suspend your use of the App. If you cause damage to the Company or a third party by violating the Terms or conducting an unjust or illegal act, the Company may claim compensation from you.

Article 12. (Suspension and Modifications of App)

In the following cases, the Company may tentatively suspend the App in the whole or a part without prior notice to the Users. In that case, even if any User sustains damage, we shall not be liable to compensate, except in cases of intent or gross negligence on the Company.
1. It becomes impossible to provide the App due to the occurrence of trouble or failure on the App, server, communication line, or other equipment, or a similar reason,
2. It is required to maintain, inspect, repair, or change systems (including server, communication line, electric power source, and architectural structure containing them) regularly or contingently,
3. It becomes impossible to provide the App due to fire, failure of power supply, or a similar reason,
4. It becomes impossible to provide the App due to natural disasters, such as earthquakes, eruptions, floods, and tsunamis,
5. It becomes impossible to provide the App due to war, national conflict, riot, civil commotion, labor dispute, or another force majeure event,
6. It becomes impossible to provide the App by the laws or actions taken under those laws,
7. Besides, the Company determines it necessary to suspend the App temporally for an operational or technical reason.
For its own reasons and at any time, the Company may terminate or modify the App in the whole or a part without prior notice to the Users. Even if any User or a third party sustains damage due to that termination or modifications, we shall not be liable to compensate, except in cases of intent or gross negligence on the Company.

Article 13. (Discontinuance of App)

The Company may discontinue the provision of the App without the prior consent of the Users.

Article 14. (Modifications of Terms)

In the following cases, the Company may modify the Terms without the prior consent of the Users. In that case, the Company will notify the Users by posting the details and effective date of those changes on the App.
1. If the modifications meet benefits in general for the Users, or
2. If the modifications do not contradict the purpose of the contract, and it is reasonable in the context of necessity, appropriateness of the changed content, the content of and other aspects related to the changes.
If the Company modifies the Terms, and you use the App after the effective date of the changes, you will be deemed to have accepted the changed content of the Terms.

Article 15. (Governing Law and Agreed Jurisdiction)

The Terms are governed by and construed under the laws of Japan. Any dispute between the User and the Company concerning the use of the App shall be subject to the exclusive jurisdiction of the Tokyo District Court for the first instance.