Travel Nanny Terms of Use
These terms of use (hereinafter referred to as the "Terms") set forth the conditions for the use of various services provided by Hope Terrace Co., Ltd. (hereinafter referred to as the "Company") and its Travel Nanny services (hereinafter collectively referred to as the "Services") by guardians (hereinafter referred to as the "Guardian").
Before using the Services, please carefully read these Terms. Frequently asked questions and information about the Services posted on the website are incorporated into these Terms and constitute part of the agreement. In the event of any inconsistency between these Terms and the information posted on the website regarding the Services, these Terms shall prevail.
By starting to use the Services, the Guardian is deemed to have agreed to these Terms. If the Guardian does not agree to these Terms, they cannot use the Services.
The Company may change these Terms at its discretion. In such a case, the Company will post the amended Terms on its website, and the amended Terms will take effect from the date of notification (except where otherwise provided). By using the Services after the amendment, it is deemed that the Guardian has agreed to the amendment, and the amended Terms will apply.
In these Terms, the following terms shall have the meanings assigned to them below:
(1) "Childcare Service": Refers to services for the care of children under 18 years of age.
(2) "Sitter": An individual designated by the company who provides childcare services, etc. to the Guardian.
(3) "Childcare Service Agreement, etc.": Refers to agreements concluded between the Guardian and the Company concerning the provision of childcare services, etc.
(4) "Childcare Service Usage Fee": Refers to the usage fee for childcare services, etc. that the Guardian is required to pay (including consumption tax).
Article 1: About the Services
The Guardian entrusts the Company with childcare services, etc. Please note that the availability and demand for sitters may change daily, and the Company does not guarantee childcare services, etc. at the times and locations desired by the Guardian.
Article 2: Content of Services Provided on the Website
The services provided by the company on its website include the following:
(1) Providing tools for applying for services and inputting profiles on the website
(2) Providing tools for sending interview requests to sitters
(3) Providing tools for reserving and applying for childcare services, etc. to sitters
(4) Providing communication tools
(5) Providing tools for settling fees for childcare services, etc.
(6) Providing tools for viewing and writing reviews
(7) Other services related to the above
Article 3: Application Requirements
The following requirements must be met to apply for the Services as a Guardian:
(1) The Guardian has not been refused registration for the Services in the past, and their registration for the Services has not been revoked.
(2) The Guardian is at least 20 years old.
(3) The Guardian does not belong to antisocial forces, and is not cooperating or involved in the maintenance or operation of antisocial forces.
The Company reserves the right to add, delete, or modify application requirements at its discretion, and any changes will be made in accordance with these Terms.
Article 4: Application Procedure
Individuals wishing to apply for the Services must enter their name and email address on the Company's website and provide the information specified on the website to apply for registration. In addition, they must provide their hotel accommodation information and emergency contact information.
Individuals wishing to register on the website must, after submitting their registration application, submit a copy of the identification document specified by the Company using the specified method. Furthermore, the Company may request the re-submission of identification documents from registered Guardians based on the time elapsed since submission or other reasons. In this case, the Guardian must promptly submit a copy of the identification document to the Company using the method specified by the Company.
If the Company commences the publication of information regarding the registration applicant on the website, the registration of the registration applicant shall be deemed to have been approved, and the registration of the Guardian shall be completed.
The Company may, at its discretion and at any time, request the Guardian to submit identification documents related to information about the child (such as name, nickname, date of birth), and the Guardian shall comply with such request. The Company will appropriately manage the documents provided based on this request.
The Company shall deem the registration application of the registration applicant to have been approved upon commencement of the publication of information regarding registration applicants on the website.
The Guardian is responsible for promptly providing updated information if there are any changes to their registration information. If the Guardian fails to provide updated information and such failure results in damage to themselves, the Company, or a third party, the Guardian shall be responsible for such damages.
Article 5: Nature of Childcare Services
The nature of childcare services provided by the Company is as follows. However, the specific services that can be provided by each Sitter designated by the Guardian may vary. Additionally, children eligible for childcare services are those aged 5 months to 18 years.
(1) Temporary care of the Guardian's child at the hotel of residence (excluding cases involving overnight stays).
(2) Going outdoors to nearby parks, etc., as part of childcare.
(3) Going on outings to external facilities (aquariums, zoos, etc.) at the request of the Guardian.
(4) Accompanying the Guardian on sightseeing or cultural experience tours, etc., at the Guardian's request.
(5) Other services listed on this website.
(6) Tasks as deemed necessary by the Company or the Sitter, which are related to (1) through (4).
During the provision of childcare services, the Sitter shall not provide the following services to ensure the child's safety:
(1) Cooking meals for the child.
(2) Services unrelated to childcare, such as cleaning the room or washing clothes.
(3) Medication or other medical procedures (except in emergency situations as separately provided).
(4) Other actions deemed inappropriate by the Sitter.
The Sitter's availability for providing childcare services is from 7:00 AM to 11:00 PM, 365 days a year.
In childcare service contracts, the minimum contract duration for childcare services is 3 hours, and if the duration of a single contract exceeds 3 hours, additional time can be set in hourly increments.
The calculation of the service duration for childcare services shall be as follows:
(1) In the case of childcare services, from the time the Sitter meets with the Guardian and child until the childcare location is vacated.
(2) In the case of childcare services where the actual service time is less than 3 hours, it shall be rounded up to 3 hours.
During the provision of childcare services, the Sitter shall, as long as it does not interfere with the provision of childcare services, report the child's condition via the messaging function on this website at the Guardian's request.
In the event of an emergency situation, such as an accident, injury to the child, a sudden deterioration of health, or a disaster occurring during the provision of childcare services, the Sitter shall make immediate contact with the Guardian or the emergency contact and seek instructions. Even if the Company and the Sitter cannot contact the Guardian in an emergency situation, they shall prioritize the child's life and physical safety and, at the discretion of the Company and the Sitter, take appropriate measures such as first aid, arranging medical treatment at a medical institution, evacuation, etc. In this process, they have the right to authorize medical treatment at a medical institution. However, the Guardian shall not request the Company or the Sitter to perform medical treatment or other medical procedures. Furthermore, while the Company and the Sitter will make their best efforts, they shall not be liable for any damages, including long-term effects on the child, arising from the results of emergency response, except in cases attributable to their fault.
In the above-mentioned case, the Guardian shall be responsible for paying the expenses incurred in responding to the emergency situation to the Company. The Company shall also promptly take necessary measures, including reporting to prefectures and other relevant authorities, after responding to the emergency situation.
The Guardian understands that during the provision of childcare services, the Company or those designated by the Company may patrol the childcare service location, and if requested to confirm the childcare situation, the Guardian shall cooperate.
The Guardian shall not record, photograph, record audio, or otherwise capture the provision status of childcare services without the prior consent of the Company. Even if consent is obtained, except as otherwise approved by the Company, such recordings or captures shall not be used for purposes other than confirming the provision status of childcare services and shall not be disclosed to third parties.
Article 6: Completion of Childcare Services
The Sitter is responsible for promptly submitting a service completion report to the Guardian after the completion of childcare services. The Guardian considers childcare services completed by signing the service completion signature field after reviewing the contents.
The Guardian must review the service completion report completed by the Sitter, and if there are any errors, they must notify the Sitter through the Company's website within 24 hours of the completion report. If the Guardian fails to report any errors within 24 hours, the completion report will be deemed approved, and the contents will be finalized.
If the Sitter receives notice of errors in the service completion report, they are responsible for correcting the errors and resubmitting the completion report. Furthermore, in cases where there is a disagreement between the Guardian and the Sitter regarding the contents of the completion report, the matter shall be resolved through consultation among the Guardian, the Sitter, and the Company.
Article 7: Usage Fees
Childcare service usage fees will be calculated based on the actual childcare service hours provided after sending an estimate at the time of service application and finalizing the content of the completion report after the service ends.
The Guardian is responsible for bearing the actual expenses incurred for childcare service provision separately from the childcare service usage fees. Transportation costs are included in each plan.
If expenses are incurred related to childcare services, the Guardian is usually required to make payment in advance. However, if the Sitter advances expenses, the Guardian must reimburse the actual expenses to the Company.
The Sitter shall incur fees based on the price list for each plan. However, a 25% early morning or late-night surcharge will be added for childcare services provided before 9:00 AM or after 6:00 PM.
Article 8: Payment of Fees
Guardians are responsible for making payments for childcare service usage fees and actual expenses through the Paypal service. Payment confirmation must be made within 7 days after the issuance of the estimate and invoice following the application. If payment is not confirmed within 8 days after the invoice is sent, it will be considered as canceled.
Once the Guardian has made payments for childcare service usage fees and actual expenses in accordance with the preceding paragraph, the Guardian's payment obligation is considered fulfilled. The Guardian shall not directly pay childcare service usage fees and actual expenses to the Sitter without the separate consent of the Company.
Even if the Guardian has made payments for childcare service usage fees and actual expenses to the Sitter or a third party, the payment obligation based on the preceding paragraph shall not be extinguished.
In the event of delayed payment by the Guardian, the Company may send reminders.
Article 9: Personal Information
The Company will handle Guardians' personal information and other privacy information appropriately in accordance with the Privacy Policy. For details regarding the Privacy Policy, please visit [https://].
Guardians shall not use the personal information of other Guardians or Sitters, or information regarding households, obtained through this service for any purpose other than the conclusion or performance of childcare service contracts. This information shall not be disclosed, provided, or leaked to third parties.
Article 10: Suspension of the Website and Deletion of Registration, etc.
The Company may temporarily suspend the provision of the website and the service without prior notice to the Guardian in the following cases. The Company shall not be responsible for any damages incurred by the Guardian due to such temporary suspension.
When performing server maintenance, recovering from failures, conducting regular maintenance, making specification changes, repairing defects, etc., of the website and the service.
When operating the website and the service becomes difficult or impossible due to natural disasters, geological changes, emergencies, changes or enactment of laws and regulations, etc.
In other cases where the Company deems it necessary to temporarily suspend the website and the service due to unavoidable reasons.
The Company may, without notice, temporarily suspend all or part of the Guardian's use of the service or cancel the Guardian's reservations if any of the following reasons apply. In this case, the Company shall not be responsible for any damages incurred by the suspension or withdrawal, including any damages incurred by the Guardian.
If the Guardian violates these Terms of Service.
If the Guardian registers inaccurate information on the website.
If the Guardian fails to provide documents or information requested by the Company or provides inaccurate documents or information.
If the Guardian's registration information, messages, or Guardian-posted information includes expressions that are insulting, defamatory, violate the law, or violate public order and morals.
If the Guardian falls under anti-social forces or supports or is involved with them.
If the Guardian does not respond to contact from the Company for more than one month.
If the Guardian fails to make payment for childcare service usage fees by the payment due date.
In other cases where the Company deems the Guardian's use of the service to be inappropriate.
Even after a Guardian's reservations have been deleted, the Company may retain information related to that Guardian (including but not limited to personal information, Guardian-posted information, and information related to the use of the service), but the Company shall have no obligation to do so.
Article 11: Changes to the Website and the Service, etc.
The Company has the right to change or terminate all or part of the website or the service at any time without prior notice if it deems it necessary. The Company shall not be responsible for any disadvantages or damages incurred by the Guardian due to such changes or termination. In the event of changes or termination, the Company will post the contents of the changed or terminated service on the website.
Article 12: Third-Party Services
This website may provide links to third-party websites, applications, etc. (referred to as "advertising sites," regardless of whether they are for advertising purposes). If Guardians use these advertising sites, they shall do so at their own risk in accordance with the terms of use and privacy policies of the respective third parties. The third-party business operator providing these advertising sites and the products, services, acts, or omissions provided thereon shall be responsible for them, and the Company shall not be responsible for any of them.
Even if third-party websites have not obtained permission from the Company, links to these third-party websites may be provided on the website. The Company shall not be responsible for any damages incurred by Guardians in relation to these third-party websites.
Article 13: Assignment of Position
Guardians shall not assign, transfer, pledge, or otherwise dispose of their positions or rights and obligations based on these Terms and Conditions to third parties without the written consent of the Company.
Furthermore, Guardians shall not assign, transfer, pledge, or otherwise dispose of their positions, rights, and obligations based on childcare service contracts to third parties without the written consent of the Company.
If the Company transfers its business to another company, it shall have the right to transfer the positions, rights, obligations, and information related to the use of the service based on these Terms and Conditions to the transferee of the business transfer. Users shall consent in advance to this business transfer. Business transfer as referred to here includes not only normal business transfers but also all cases of division or transfer of business operations by the company.
Article 14: Prohibited Activities
Guardians must comply with the law and respect the rights and dignity of third parties. Guardians agree not to engage in the following prohibited activities or related actions, or attempts thereof, concerning the use of this website:
Posting, sending, or making available materials related to the following concerning the use of this website:
a. Materials that fall into the following categories:
(i) Those that incur criminal or civil liability.
(ii) Those that encourage acts involving criminal activity.
(iii) Those that provide information promoting illegal acts, hacking, cracking, or other such activities.
b. Viruses, worms, Trojan horses, Easter eggs, time bombs, spyware, or other harmful or invasive computer code, files, or programs:
(i) Those that are harmful or invasive.
(ii) Those that can cause damage to hardware, software, or other equipment or take control of them, or are intended to do so.
(iii) Those that monitor or intend to monitor the use of hardware, software, or other equipment.
c. Unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or other solicitations.
Engaging in acts to gain illicit benefits for oneself or a third party concerning the use of this service.
Using this website with the intention of creating or assisting in the creation of software, automated software, bots, hacking, unauthorized modifications (mods), or third-party software not permitted by the Company.
Using this service to collect personal information that identifies Guardians or to harass, abuse, stalk, threaten, or otherwise harm third-party legal rights, including privacy rights or image rights, or to collect personal information identifying Guardians.
Acts that hinder the operation of this website or the operation of servers or networks for this website. This includes placing unreasonable or disproportionate loads on this website, servers for this website, or violating the requirements, procedures, policies, or rules of these networks.
Acts that restrict or hinder third parties from using this website by hacking or altering parts of this website.
Acts of modification, alteration, adaptation, translation, reverse engineering, decompilation, disassembly, or other analysis in any part of this website.
Acts of removing copyright, trademark, or other property rights notices displayed on materials originating from this website.
Creating frames or mirrors of any part of this website without the prior written consent of the Company.
Downloading information or materials from the system via this website or through this website to create a database.
Unauthorized extraction of information or materials available on this website or through this website and creating indexes, scraping, collecting through data mining or other methods, or circumventing or duplicating the navigation structure or display of this website using robots, spiders, site search and analysis applications, or other manual or automated devices.
In addition to the above prohibitions, the Company prohibits the following acts or acts similar to them regardless of whether they are intentional or negligent on the part of Guardians. These acts are prohibited regardless of which service or function within this website Guardians use.
Unlawful or antisocial acts:
a. Acts that violate laws or public order and morals.
b. Acts related to or encouraging criminal activities, or aiding or abetting them.
c. Posting or registering information containing false or misleading information.
d. Placing excessive burdens on servers or facilitating such actions beyond normal usage, hindering the operation or provision of this website, or interfering with the use of this website by other Guardians, or causing them difficulties.
e. Infringing on third parties' intellectual property rights, including patent rights, trademark rights, copyrights, trade secrets, etc.
f. Infringing on the credit or reputation of the Company or other Guardians, or infringing on the privacy rights, image rights, or other rights of the Company or other Guardians.
g. Posting words or other expressions that may glorify, induce, or promote suicide, self-harm, drug abuse, or similar actions.
h. Harassing or defaming the Company or other Guardians, such as engaging in stalking or defamation, using any method.
i. Posting expressions containing discrimination based on ethnicity, race, gender, age, etc.
Obscene, violent expressions, acts for the purpose of meeting people:
a. Posting expressions that are deemed obscene, such as nudity, highly revealing photos, explicit images, words, etc.
b. Posting violent, grotesque photos, images that other Guardians may find uncomfortable, words, etc., or other expressions.
c. Posting sexual acts, expressions related to genitals, or expressions intended for that purpose.
d. Setting links with the purpose of inducing to adult sites.
e. Posting links to child prostitution, pornography, uncensored videos, etc.
f. Introducing adult-related products using this website.
g. All acts deemed as acts for the purpose of meeting people, regardless of the method used by the Company or the Company and other Guardians.
Commercial activities:
a. Replicating, selling, publishing, publicly disclosing, or otherwise using information obtained by Guardians through this website or information related to this service for purposes other than childcare service contracts, without the Company's permission or beyond what is permitted by the Company.
b. Posting information for the sale, exchange, promotion, solicitation, provision, or referral of services or products other than childcare services, whether for profit or non-profit, unless authorized by the Company.
c. Posting information, including information products.
d. Providing services other than childcare services, regardless of whether they are medical or medical-like services (use of drugs, spirituality, power stones, counseling, fortune-telling, etc.), without the Company's permission, and other acts.
Disclosure of personal information:
a. Disclosing personal information (including email addresses, phone numbers, license plate numbers, bank account numbers, addresses, etc.) of Guardians or third parties to third parties without the Company's permission or request, except as permitted by law.
b. Posting, registering, or notifying false information (including name, date of birth, email address, address, etc.).
Other:
a. Attempting to directly conclude a childcare service contract between Guardians and Sitters without using the tools of this website.
b. Impersonating a third party.
c. Providing childcare services for purposes other than those defined in these Terms and Conditions.
d. Posting reviews or evaluations for Sitters who have not actually received services.
e. Engaging in political or religious activities.
f. Acts that have been prohibited from using this service, and attempts by Guardians whose use of this service has been suspended or their registration has been deleted to use this website again.
g. Allowing others to use one's ID or transferring it to third parties.
h. Using one ID for multiple individuals.
i. Holding multiple IDs for one individual.
j. Attempts to obtain information related to this website or the Company.
k. Acts that promote antisocial behavior or provide direct or indirect benefits to antisocial forces using this website or providing this service for purposes other than its intended use.
l. Using this website or childcare services for unintended purposes.
m. Exchanging money directly between Guardians and Sitters.
n. Any other acts deemed inappropriate by the Company based on reasonable grounds.
If Guardians engage in activities that violate these prohibitions, the Company reserves the right to take appropriate measures to enjoin such activities, prevent their recurrence, and limit the impact caused by such activities. Guardians are required to cooperate with these measures and comply with the Company's instructions.
Article 15: Disputes with Third Parties
This section specifies that Guardians are responsible for resolving disputes with third parties that arise from their use of the service. However, this does not apply if the Company or the Sitter is the cause of the dispute. If a dispute causes damage to the Company or other Guardians, the Guardian involved in the dispute is responsible for compensating for the damage. Additionally, Guardians are responsible for resolving claims arising from their posted information.
Article 16: Severability
This clause states that if any provision of these Terms and Conditions is found to be in violation of the law or legally unenforceable, that provision will be considered invalid, but the remaining provisions will remain in effect. In other words, if one part of these Terms and Conditions is deemed invalid, the other parts will still be valid and continue to apply.
Article 17: Disclaimer
This section clarifies that the Company does not provide specific warranties concerning the services it offers. Specifically, it does not guarantee:
That the website will not be interrupted or error-free.
That there will be no defects or errors in the operation, communication, or content of the website.
That the content on the website will not be plagiarized, misused, damaged, or tampered with.
That there will be no unauthorized access to the website or cyberattacks.
That the website and its content are accurate, complete, reliable, or up-to-date and free from viruses or harmful elements.
However, if Guardians suffer damage due to the use of the service, and the cause of that damage can be attributed to the Company or the Sitter, the Company will be liable for compensation within the scope of legal responsibility. Nevertheless, the Company is not responsible for damages resulting from Guardians' reliance on information on the website.
Article 18: Governing Law and Jurisdiction
This article specifies that these Terms and Conditions will be interpreted in accordance with Japanese law, and disputes related to the service will be subject to the exclusive jurisdiction of the Kyoto District Court. In other words, if a dispute arises based on these Terms and Conditions, it will be resolved in the Kyoto District Court.
Article 19: Contact Information
This section provides contact information related to the website and the service. Guardians can use this contact information to reach out if they have questions or issues related to the website or the service.
These provisions outline the rights and responsibilities of both the service provider and the users (Guardians) of the service. The Terms and Conditions are designed to provide clarity and structure to the relationship between the parties, as well as to outline dispute resolution procedures. It's important for Guardians to understand and adhere to these provisions when using the service.