THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Introduction: Welcome to ikura ("ikura," "Ikura Corp.," "Company," "we," "our," "us") We provide a platform for matching and information provision, allowing users to connect with relevant services and information for their travel needs. These Terms of Service ("Terms," "Terms of Service," "Agreement") govern your utilization of our web pages located at https://ikura-app.com and https://ikura.io, and our mobile application ikura (collectively or individually "Service") operated by ikura Corp.
Third Party Applications: In order to complete certain tasks, the Service may need to access certain third-party software applications ("Third Party Apps") and the account(s) associated with such Third Party Apps. You expressly consent to and authorize the Company to access and use those Third Party Apps designated by you, including the relevant accounts associated therewith, on your behalf to the extent necessary to provide the Service to you and complete the tasks. You acknowledge and agree that the use of Third Party Apps is governed by the relevant terms and conditions associated therewith ("Third Party Terms"), and that you are bound by such Third Party Terms. You further acknowledge and agree that the Company has no control over and cannot be responsible for any Third Party App or its products or services. Accordingly, the Company disclaims any and all warranties, and liabilities with respect to Third Party Apps, and their products and services.
Licenses and Restrictions: Subject to the terms and conditions herein, The Company grants you a personal, revocable, limited, non-transferable license to use the App on either (i) the website, (ii) any iPhone, iPad, or iPod Touch that you own or control, or (iii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an "App Store" and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App Store’s "Usage Rules") (the "Usage Rules").
No Other Rights: Except as expressly provided in these Terms, you agree not to, and not to permit others to, (i) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party or (ii) copy or use the App for any purpose other than as permitted under the above section "License". Any unauthorized use of the App is expressly prohibited.
Company’s Ownership: The Company’s properties, including the Website, the App, and all content and other intellectual property, excluding your User Content (collectively, the "Company Properties"), are owned by ikura Corp and its licensors, and are protected under copyright and other intellectual property laws. The Company reserves all rights not expressly granted to you. You agree not to use, copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, publicly display, publicly perform, or create derivative works based on the Company Properties, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Website or App.
Communications: Upon creating an Account on our Service, you are automatically subscribed to newsletters, marketing or promotional materials, and other informational content we may dispatch. However, if you wish to cease receiving any or all of these communications, simply follow the unsubscribe link or send us an email.
Refunds: Subject to exceptions mandated by law, paid fees are non-refundable.
Plan and Price Changes: The Company shall from time to time and at its sole discretion reserves the right to modify pricing and its plans.
Promotions: From time to time, the Company may offer promotions, discounts, or other special offers related to the pricing of the Service, as described on the Website or through the App (“Promotions”). Promotions may not be combined with any other offers, discounts, or promotions, and are not redeemable for cash. The ikura reserves the right to change or discontinue any promotions at any time and in its sole discretion.
Taxes: Fees do not include any federal, state, local or foreign taxes, levies, duties, or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases, except for those taxes based on the ikura’s net income. In the event the ikura is obligated to collect or pay Taxes for which you are responsible, you will pay such Taxes to the ikura, unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority. If you are a tax-exempt organization, you must provide the ikura with a valid tax exemption certificate authorized by the appropriate taxing authority.
Content: The Company empowers you to share information, text, graphics, videos, or other material (“Content”). You bear responsibility for the legality, reliability, and appropriateness of posted Content. By posting Content, you affirm that it belongs to you or that you possess the right to use and grant ikura the rights and license as delineated in these Terms. Your Content should not infringe upon privacy, publicity, copyrights, contract rights, or any other rights of any person or entity. The Company reserves the right to terminate accounts engaging in copyright infringement. While you retain all rights to your Content, you grant the Company the license to use, modify, publicly perform, display, reproduce, and distribute it on and through the Service. This includes making your Content available to other users of the Service, subject to these Terms. The Company is authorized, but not obligated, to monitor and edit user-provided Content. Additionally, Content on this Service either belongs to ikura or is used with permission. Distribution, modification, transmission, reuse, download, reposting, copying, or use of said Content for commercial purposes or personal gain without express advance written permission from ikura is prohibited.
Objectionable Content: Users are prohibited from posting offensive, insensitive, upsetting, or inappropriate content. This includes, but is not limited to, content that is defamatory, discriminatory, or excessively violent; encourages illegal or reckless use of weapons; or is overtly sexual or pornographic. False information, inflammatory religious commentary, or misleading quotations of religious texts are also unacceptable. Users discovering objectionable content can report it by emailing firstname.lastname@example.org. The Company will promptly remove objectionable content and may expel users responsible for such content.
Prohibited Uses: Service usage is restricted to lawful purposes in adherence to these Terms. Users agree not to exploit, harm, transmit spam, impersonate others, infringe on rights, or engage in any illegal, threatening, or harmful conduct. Additional prohibitions include avoiding actions that disrupt Service functionality or attempting unauthorized access. Users are further prohibited from employing any device or routine that interferes with Service, introduces malicious software, or attempts unauthorized access.
Accounts: When creating an account, you assert that you are above eighteen (18) years old and that the provided information is accurate, complete, and current. Maintenance of account confidentiality, including restricting access, is your responsibility. Notify the Company immediately of any security breaches or unauthorized account use. Username selection should avoid names infringing on others' rights and should not be offensive. Only one account and/or user ID may be created and held per user.
No Use By Minors:Service is exclusively intended for individuals aged eighteen (18) and above. By accessing or using any part of the Service, you affirm that you are at least eighteen (18) years old, possessing the authority to enter this agreement and abide by these Terms. Those below eighteen (18) years old are prohibited from accessing or using the Service.
No Warranty: The Company disclaims all warranties and conditions, providing services "as is" and "as available," without guaranteeing merchantability, satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement of third-party rights. Users acknowledge that ikura acts as a platform for matching and information, not as a tour arranging entity or booking agent. ikura does not guarantee that its services will meet users' requirements, operate without interruptions or errors, or be available at all times.
Acknowledgment and Assumption of Risk:Users acknowledge, agree, and understand that their participation in travel-related activities and accommodation found and booked through ikura's platform is undertaken at their sole risk. Users represent that they are physically fit and able to undertake travel activities without any conditions that would put themselves or others at risk. Furthermore, users explicitly acknowledge that ikura is not responsible for any bookings made through third-party services directed through the site. The platform acts as a facilitator, and users assume full responsibility for interactions and transactions conducted with third-party services. ikura disclaims any liability for the actions, services, or content of these third-party providers. Users are encouraged to review and comply with the terms and policies of such third-party services.
Limitation of Liability: To the extent not prohibited by law, the Company is not liable for incidental, special, punitive, exemplary, indirect, or consequential damages, including cancelled bookings from businesses and bookings sites, discrepancies in information gathered, or other interruption. The Company's total liability for all damages is limited to the amounts paid by users to ikura during the twelve-month period preceding the event(s) or omission(s) giving rise to the damage.
Feedback: If you provide ikura with any feedback or suggestions regarding the platform, tasks, or services (“Feedback”), you hereby assign to ikura all rights in the Feedback and agree that ikura shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. ikura will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to ikura any information or ideas that you consider to be confidential or proprietary.
Arbitration and Applicable Law: PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. It is part of your contract with ikura and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Except for a claim by ikura against you, any and all disputes between you and ikura arising under or related in any way to these Terms must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the platform.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND IKURA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND IKURA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
In the event of arbitration, the proceedings must take place in Tokyo, Japan. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. If this agreement to arbitrate is deemed unenforceable by a court, then disputes that would have otherwise been arbitrated shall be exclusively brought in the courts located in Tokyo.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Japanese Government embargo, or that has been designated by the U.S. or Japanese Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Japanese Government list of prohibited or restricted parties.
Representation and Warrantee Against Antisocial Force/Group：You represent and warrant that you are not part of any gang, gang-affiliated enterprise or group, or other criminal organization (collectively Antisocial Force/Group) and are not under the control or influence of an Antisocial Force/Group. The Company may unilaterally revoke the registration of any user that is reasonably considered to meet any of following items. (1) The user is part of an Antisocial Force/Group (2) An Antisocial Force/Group is materially involved in management (3) The Member is using an Antisocial Force/Group (4) The user is providing funds or granting favors to, or is otherwise involved in, an Antisocial Force/Group (5) The user has a socially reprehensible relationship with an Antisocial Force/Group (6) The user has personally or through a third party used deception, violent behavior, or threatening language toward another person Users that meet any of the items in the preceding paragraph assume responsibility for compensating the Company for any damages it suffers as a result of the applicable membership revocation, and may not seek compensation from the Company for damages personally incurred.
Termination: The Company may cancel, suspend, or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data you have stored on the Service, unless the Company is required to retain it by law. You may terminate your registration at any time. The Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT IKURA WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE.
Miscellaneous: The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.
Any changes to the Terms will be effective immediately for new users of ikura. The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the ikura; otherwise, your continued use of ikura constitutes your acceptance of such change(s). **PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.
Updated on : 13th November, 2023