In the event of any discrepancy between the Japanese version and the English translation, the Japanese version shall prevail.
teket Inc. (hereinafter, the "Company") provides the ticketing service and other services of "teket" (hereinafter, the "Service") in accordance with the terms and conditions set forth in these "teket Terms of Service" (hereinafter, "these Terms of Service" or "these Terms"). Users shall use the Service only after agreeing to these Terms of Service.
Chapter 1 General Provisions
Article 1.1 (Application of these Terms of Service)
These Terms of Service apply to all relationships with the Company in connection with the use of the Service. If a person does not agree to the contents of these Terms of Service, that person may not use the Service.
Article 1.2 (Definitions)
In these Terms of Service, the terms listed in the following items shall have the meanings set forth in the respective items. Terms not defined in this Article shall be construed in accordance with the definitions and interpretations under applicable laws and regulations (including cabinet orders, ministerial ordinances, and guidelines published by government authorities, etc.).
- "Service Agreement" means an agreement, based on these Terms of Service, for the receipt of the Service from the Company.
- "Service Contracting Party" means a person, whether an Event Organizer or an Event Participant, who has entered into a Service Agreement with the Company and uses the Service.
- "Service Site" means the Company's website <https://teket.jp> (including websites under that URL) on which information relating to the Service is published, provided that if the Company changes such URL, "Service Site" shall mean the website at the URL after the change. Where these Terms of Service provide that certain conditions are to be set forth on the Service Site, the provisions on the Service Site (or, if such provisions are changed, the provisions as changed) shall also constitute a part of, and be included in the contents of, these Terms of Service.
- "Compatible Device" means a device that the Company separately designates on the Service Site as a device on which the Service can be used.
- "Event" means an event for which the Service is used for ticketing and other purposes.
- "Ticket" means an electronic medium, or a paper medium on which such electronic medium has been printed, that enables the holder to attend an Event.
- "Ticket Page" means a page displayed electronically on the Service Site.
- "Paid Ticket" means, among Tickets, a Ticket for which a fee is charged.
- "Event Organizer" means, among Service Contracting Parties, a person who hosts an Event using the Service Site.
- "Event Participant" means, among Service Contracting Parties, a person who attends, or wishes to attend, an Event using the Service Site.
- "Ticket Transfer" means an Event Participant who purchased a Ticket from an Event Organizer using the Service Site transferring the purchased Ticket to another Event Participant by using a feature provided through the Service.
- "Service Fee" means the fee (including sales commissions, payment processing fees, and any other fee regardless of its name) that the Company collects from Service Contracting Parties in connection with their use of the Service.
- "Survey" means a survey that an Event Organizer conducts toward Event Participants using the Service. The feature for conducting Surveys using the Service is referred to as the "Survey Feature."
- "Gift" means digital content provided by the Company that may be used only within the services designated by the Company within the Service.
- "Membership" means an organization composed of members, such as fans of an artist, that is administered and operated (including the handling of membership fees) by an Event Organizer using the Service.
- "Membership Member" means an Event Participant who is a member of a Membership.
- "Season Ticket" means the sale of Tickets for Events scheduled to be held during a certain period.
- "Submitted Data" means Membership Members' personal information (including information such as address and date of birth), Survey response results, and other administrative information.
- "Card Company" means, collectively, companies that issue credit cards, etc. available for use in the Service, companies that operate the brands of such credit cards, etc., and acquirers, etc.
- "Payment Service Provider" means, collectively, payment agency service providers, funds transfer service providers (including PayPay Corporation), and other payment service providers that the Company designates or partners with in connection with payment processing in the Service.
Article 1.3 (Contents of the Service, etc.)
- The Service includes the ticketing service (hereinafter, the "Ticketing Service") and optional services such as Membership (hereinafter, the "Optional Services"). Details are set forth in the chapters of these Terms of Service relating to each respective service.
- The Company (i) makes no warranty whatsoever regarding the suitability, the completeness of the results of use, the usefulness, accuracy, reliability, timeliness, or the like of the Service and each feature provided in the Service, and (ii) shall not be liable for any damage incurred by a Service Contracting Party through use of the Service, except where it is clear that such damage is attributable to the Company.
- Service Contracting Parties shall themselves prepare the Compatible Device necessary to use the Service, and shall use the Service with such device.
- The area in which the Service is available (hereinafter, the "Service Area") is limited to Japan. The Company makes no warranty whatsoever regarding use of the Service outside the Service Area, and shall bear no liability whatsoever for any damage incurred by a Service Contracting Party as a result of using the Service outside the Service Area.
Article 1.4 (Formation of the Service Agreement)
- A person wishing to use the Service (hereinafter, the "Applicant") shall, after agreeing to the contents of these Terms of Service and the Service Privacy Policy <https://teket.jp/en/privacy> (or, if the Company changes such URL, the URL after the change) presented by the Company, apply to enter into a Service Agreement by (i) if purchasing a Ticket after registering as a member, entering the required information on the new member registration screen on the Service Site (hereinafter, the "New Member Registration Screen"), or (ii) if purchasing a Ticket without registering as a member, entering the required information on the ticket recipient information entry screen on the Service Site (together with the New Member Registration Screen, hereinafter, the "Purchaser Information Registration Screen"), and transmitting such information to the Company in accordance with the procedure designated on the Purchaser Information Registration Screen. The Applicant shall be deemed to have agreed to the contents of these Terms of Service at the time the send button is pressed.
- The Applicant shall obtain, as applicable, the prior consent of (i) if the Applicant is a minor, his or her person with parental authority or guardian of a minor, or (ii) if the Applicant is a person under conservatorship or assistance subject to a family court ruling requiring the consent of his or her conservator or assistant for entering into the Service Agreement, his or her conservator or assistant, for the application to enter into the Service Agreement under paragraph 1 (including various orders relating to use of the Service after the Service Agreement is entered into).
- The Company may request that the Applicant present or submit documents to confirm facts relating to the contents of the application under paragraph 1. In such a case, the Applicant shall comply with the Company's request.
- The Company may decline to accept an Applicant's application if the Company determines that any of the following applies:
- There is, or may be, a deficiency in the contents of the application, or the contents are, or may be, contrary to fact;
- Where the Applicant is a minor, the Company is unable to confirm that the consent of the Applicant's statutory agent (parent with parental authority or guardian) has been obtained;
- The Applicant is currently in default, or may be in default, of payment of the Service usage fees or any other obligation owed to the Company as set forth in these Terms of Service (including obligations for which the Company has assigned the underlying claim to a third party; the same shall apply hereinafter);
- The Applicant may violate Article 1.6 (Prohibited Acts);
- The Applicant has previously been subject to termination of a Service Agreement or suspension of provision of the Service due to unauthorized use or similar conduct;
- The Applicant may fail to comply with the obligations of a Service Contracting Party set forth in these Terms of Service;
- The Applicant may violate Article 1.20 (Exclusion of Antisocial Forces);
- The Applicant is a person whose Service Agreement has been rescinded in the past, or is otherwise a person whom the Company deems unsuitable; or
- There is a risk of interference with the Company's business operations.
- The Service Agreement shall be formed between the Applicant and the Company at the time the Company accepts the application under paragraph 1 and notifies the Applicant, through the Purchaser Information Registration Screen, that the application procedure has been completed.
Article 1.5 (Intellectual Property Rights, etc.)
- All rights, including copyrights and other intellectual property rights, relating to content and other materials provided to Service Contracting Parties in connection with or through the Service (hereinafter, "Service Content") belong to the Company or a third party. Entering into a Service Agreement does not transfer any rights relating to such Service Content to the Service Contracting Party, and the Service Contracting Party may use the Service Content only to the extent necessary for its use of the Service under the Service Agreement.
- Copyrights in works newly created by a Service Contracting Party through the Service (hereinafter, "Contracting Party Content") shall be retained by the relevant Service Contracting Party. However, such Service Contracting Party grants the Company a royalty-free license to itself freely use the Contracting Party Content by reproduction, adaptation, public transmission, or other means, or to permit third parties to use it, within the scope of promoting the Service.
- The Service Contracting Party shall not exercise its moral rights of authorship with respect to the use of Contracting Party Content set forth in the preceding paragraph.
- The Service Contracting Party warrants that its use of Contracting Party Content on the Service, as well as the Company's or a third party's use of Contracting Party Content as set forth in paragraph 2, does not infringe any copyright, other intellectual property right, or any other right or interest of any third party.
Article 1.6 (Prohibited Acts)
- In using the Service, Service Contracting Parties shall not engage in any of the following acts:
- An act that infringes, or may infringe, the copyright or other intellectual property rights, privacy, portrait rights, or any other right or interest of the Company or a third party;
- An act that is contrary to public order and morals, or that provides information contrary to public order and morals to a third party, or that may constitute either of the foregoing;
- A criminal act, an act connected with a criminal act, or an act that violates any law or regulation, or that may constitute any of the foregoing;
- An act of providing false information, or information that may be false, to a third party;
- An act that damages, or may damage, the honor or credibility of the Company or a third party;
- An act that places an excessive burden on facilities relating to the Service, an act that renders the Company's provision of the Service impossible, or any other act that impedes the Company's provision of the Service or obstructs the operation thereof, or that may constitute any of the foregoing;
- An act of using or providing a computer virus or other harmful program through or in connection with the Service, or an act that may constitute the foregoing;
- An act of using the Service in an area outside the Service Area;
- An act of using account information, etc., relating to the Service without authorization;
- An act of using Service Content beyond the scope set forth in Article 1.5 (Intellectual Property Rights, etc.), such as by reproducing, publicly transmitting (including, in the case of automatic public transmission, making transmittable), communicating, assigning, lending, altering, or adapting the Service Content;
- An act of modifying or falsifying Service Content, or reverse engineering it, such as by decompiling or disassembling it (referring principally to analyzing its contents and converting it into a human-readable form);
- An act of removing or altering a copyright notice or other rights notice attached to Service Content;
- An act of using the Service by a method contrary to the procedures established by the Company;
- An act of using the Service by a method that is contrary to, or may be contrary to, the conditions of use set forth in these Terms of Service;
- An act of lending or transferring account information, etc., relating to the Service to a third party, or sharing it with a third party;
- An act of intentionally registering false information regarding one's own or another person's name, address, telephone number, email address, or the like;
- An act of buying or selling Tickets outside the Service, or soliciting such buying or selling;
- An act of using the Service as an advertising medium to direct or refer users to a similar service, such as another company's ticket sales service;
- An act intended to unlawfully obtain the personal information, etc., of Event Participants;
- An act of defaming or threatening the Company or a third party;
- An act that causes discomfort to a third party, or that the Company determines may cause such discomfort;
- An act of uploading text, images, or other content that includes discriminatory expressions, or that the Company determines may constitute such content;
- An act that constitutes unlawful advertising or promotion, or an act of uploading information constituting the same; or
- Any other act that the Company determines to be inappropriate.
- If an Event Organizer violates the preceding paragraph, or if damage is caused to the Company, an Event Participant, a Card Company, a Payment Service Provider, or any other third party due to a cause attributable to the Event Organizer, the Event Organizer shall compensate for all such damage.
Article 1.7 (Personal Information, etc.)
- In providing the Service, the Company uses personal information obtained from Applicants and Service Contracting Parties for the purposes listed below and any other purposes set forth in the Company's separately established "Service Privacy Policy" <https://teket.jp/en/privacy> (or, if the Company changes such URL, the URL after the change), to the extent necessary to achieve such purposes:
- To confirm the identity of Service Contracting Parties;
- To improve service quality;
- To respond to various inquiries and to conduct analysis and research to improve such response services;
- To provide important notices, notices regarding new services and features, notices regarding changes to the Terms of Service and other terms, and similar communications;
- To improve the convenience of the Service, including by personalizing recommended events and event search results;
- To provide notices regarding the relevant Event to Event Participants who have purchased Tickets;
- To authenticate the identity of Event Participants at the venue of the relevant Event;
- To provide notices from Event Organizers that the Service Contracting Party follows;
- To prevent the spread of infectious diseases such as COVID-19;
- To provide Event Participants' personal information to Event Organizers;
- To provide Event Participants' Survey response results to Event Organizers; and
- To provide notice of any other failures or issues arising on the Service.
- In order to provide the Service and improve its quality, the Company may transmit the information listed in each of the following items to the third party set forth in the corresponding item. For details regarding the recipients of Cookie information, please refer to "Cookie Policy" <https://teket.jp/en/cookie>.
- A Service Contracting Party's credit card number, card expiration date, security code, name (katakana), address, telephone number, email address, Service usage logs (member registration date/time, login date/time, purchase history, payment date/time, etc.), and device information (IP address, user agent, OS type, etc.).
Third-party recipient: GMO Payment Gateway, Inc. and the credit card issuer used by the Service Contracting Party.
- Service usage history and device information (IP address, user agent, OS type) collected using Cookies and not containing information identifying an individual, and advertising IDs, etc.
Third-party recipient: Google LLC.
- A Service Contracting Party's LINE user ID.
Third-party recipient: LINE Corporation.
- A Service Contracting Party's usage status that does not include information identifying an individual (number of Service Contracting Parties, Ticket sales volume, and other usage statistics for various features), performance information, etc.
Third-party recipient: NTT DOCOMO, INC.
- An Event Organizer's corporate name (or, for a sole proprietor, the proprietor's name), corporate number, trade name, address, telephone number, and the Event Organizer's representative's name, address, date of birth, etc.
Third-party recipients: The credit card issuer used by the Service Contracting Party, and the Payment Service Provider used by the Event Organizer.
- If requested by an Event Organizer, the Company shall provide the Event Organizer with the following items, among the information regarding Event Participants provided to the Company, by displaying such items on a website accessible only to that Event Organizer, and the Event Participant consents to this.
- Name;
- Email address; and
- Survey response results.
- For the purpose of preventing the spread of infectious diseases such as COVID-19, the Company shall provide a feature that collects the following emergency contact information, etc. of attendees (hereinafter, "Emergency Contact Information") and provides such information to the third-party recipients listed below, such as the Event Organizer, and the Event Participant consents to the Company providing Emergency Contact Information to the third-party recipients listed below. If an Event Organizer wishes to use such a feature to receive Emergency Contact Information, an Event Participant who has purchased a Ticket for the relevant Event shall truthfully register the attendee's Emergency Contact Information through the Ticket Page by the date and time of the Event. Emergency Contact Information obtained by the Company will be provided to the third-party recipients listed below only where an infected person is identified and the Event Organizer has applied for provision of the Emergency Contact Information in the manner prescribed by the Company. Emergency Contact Information obtained will be retained for three months from the date of the relevant Event, and then discarded.
- Emergency Contact Information: The Service Contracting Party's name, email address, telephone number, address, Ticket information, etc.
- Third-party recipients: The Event Organizer, public health centers, medical institutions, other relevant public agencies, etc..
- Where the Company receives a request from any of the following third-party recipients for disclosure of, or cooperation with an investigation regarding, information on a Service Contracting Party, the usage status of the Service, and other such information for the purpose of detecting, preventing, and investigating unauthorized use, the Company may provide the information listed below (hereinafter, "Provided Information") to the corresponding third-party recipient listed below.
- Provided Information: The Service Contracting Party's credit card usage status, information on the Service Contracting Party, information relating to the Service Contracting Party's application for the Service, the specific content and manner of the Service applied for by the Service Contracting Party, information relating to the issuance, provision, and receipt of Tickets, and other information relating to the content of the Service, and other information relating to claims that the Company holds against the Service Contracting Party through the Service, or to a complaint from an Event Participant or an indication from a government agency, etc.
Third-party recipients: GMO Payment Gateway, Inc. and the credit card issuer used by the Service Contracting Party.
- Provided Information: Contract information such as the Event Organizer's corporate name (or, for a sole proprietor, the proprietor's name), corporate number, trade name, address, telephone number, and the Event Organizer's representative's name, address, and date of birth, as well as the representative's identity verification documents, evidence of compliance with the various rules, guidelines, etc. established by the Payment Service Provider, and any other information that the Company and the Payment Service Provider deem necessary.
Third-party recipient: The Payment Service Provider used by the Event Organizer.
- Where a Service Contracting Party logs in to the Service using a "d ACCOUNT" provided by NTT DOCOMO, INC., the Company shall jointly use the personal information of that Service Contracting Party with NTT DOCOMO, INC. The categories of personal information jointly used, the parties involved in such joint use, the purposes of use, and the entity responsible for managing such information shall be as set forth in the "Handling of Personal Information" <https://teket.jp/en/personal-info> (or, if the Company changes such URL, the URL after the change).
Article 1.8 (Handling of Personal Information Relating to Surveys)
- Regardless of whether the responses to a Survey conducted by an Event Organizer using the Service contain personal information, the Company shall retain and manage such information in accordance with the Company's "Service Privacy Policy" <https://teket.jp/en/privacy> (or, if the Company changes such URL, the URL after the change). However, responsibility for the handling of personal information of Survey respondents obtained by the Event Organizer through use of the Survey Feature shall rest with the Event Organizer.
- When an Event Organizer obtains the personal information of an Event Participant through the Survey Feature, the Event Organizer shall, after disclosing the purpose of use, obtain the consent of the Event Participant to obtain the Survey respondent's email address, address, telephone number, and any other personal information of the Survey respondent that the Event Organizer deems necessary. In addition, the Event Organizer shall (i) as a business operator handling personal information under the Act on the Protection of Personal Information, lawfully and appropriately handle the personal information obtained in accordance with the Act on the Protection of Personal Information and the guidelines relating to personal information published by supervisory authorities, etc., and (ii) require that operators of Events hosted by the Event Organizer handle any personal information obtained in the same manner as the Event Organizer.
- The Event Organizer shall use the Survey Feature at its own responsibility, and shall be responsible for all acts performed using the Survey Feature (including Survey questions, information, text, data, software, photographs, videos, music, communications with third parties, and all other acts performed by the Service Contracting Party in connection with the Survey) and for all damage, including any direct or indirect damage arising therefrom, and shall not cause any inconvenience to the Company and shall hold the Company harmless in connection therewith.
Article 1.9 (Interruption of Provision, etc.)
- The Company may interrupt provision of all or part of the Service where the Company determines that any of the following applies:
- The Service cannot be provided due to force majeure such as a natural disaster;
- Maintenance, construction work, or other similar work on equipment, facilities, or other such items relating to the Service is necessary;
- A failure, malfunction, or other similar problem has occurred in equipment, facilities, or other such items used in the Service;
- Communications are necessary for the prevention of or relief from a disaster, to secure transportation, communications, or the supply of electricity, or to maintain public order, or otherwise necessary for the public interest; or
- Interruption of all or part of the provision of the Service is necessary for the Company's operational or technical reasons.
- In addition to the preceding paragraph, the Company may impose restrictions or other similar limitations on use of the Service to the extent necessary for the operation of the Service.
- Where the Company plans to interrupt provision of all or part of the Service under paragraph 1, or to impose restrictions or other similar limitations on use as set forth in the preceding paragraph, the Company shall notify Service Contracting Parties of such fact by posting it on the Service Site. However, in urgent and unavoidable cases, the Company may interrupt all or part of the provision of the Service without providing such notice.
- Even where the Company interrupts provision of the Service or imposes restrictions or other similar limitations on its use pursuant to paragraph 1 or paragraph 2, the Company shall not reduce, waive, or otherwise adjust usage fees, and shall bear no liability for any damage incurred by a Service Contracting Party as a result of such interruption or such restrictions or other similar limitations on use.
Article 1.10 (Suspension of Provision, etc.)
- The Company may, without prior notice to a Service Contracting Party, suspend provision of all or part of the Service to that Service Contracting Party where the Company determines that the Service Contracting Party falls under any of the following items:
- Any of the items of Article 1.4 (Formation of the Service Agreement), paragraph 4;
- A violation of Article 1.6 (Prohibited Acts) or Article 1.18 (Notification of Changes);
- The Service Contracting Party has made a report or notification to the Company that is contrary to fact;
- The Service Contracting Party has engaged in an act that interferes with, or may interfere with, use of the Service by a third party;
- The Service Contracting Party has previously been subject to termination of a Service Agreement or suspension of provision of the Service due to unauthorized use or similar conduct;
- Any other violation of these Terms of Service; or
- Any other case in which there is an impediment to the conduct of the Company's business.
- Where the Company, a Card Company, or a Payment Service Provider determines that an Event Organizer falls under paragraph 1 or any of the following, the Company may, without prior notice to the Event Organizer, delete the Event Organizer's event page, the Event Organizer's event management page, and other pages relating to the Event from the Service Site and the server, and discontinue provision of the Service to the relevant Event Organizer.
- Where complaints regarding cancellation or postponement of an Event, or refunds of Paid Tickets, are frequently made to the Event Organizer by participants who have purchased or obtained Tickets for an Event hosted by the Event Organizer;
- Where the Company, a Card Company, or a Payment Service Provider determines, through its own review, that the Event Organizer is inappropriate;
- Where the merchant agreement or similar agreement between the Company and the Payment Service Provider is terminated; or
- Where the Company, a Card Company, or a Payment Service Provider otherwise determines that measures such as suspension of use of the Service are necessary from the standpoint of consumer protection or similar considerations.
- The Company may, in lieu of or together with the measures set forth in the preceding two paragraphs, request a Service Contracting Party to remedy the relevant cause within a specified period. However, this paragraph shall not preclude the Company from terminating the Service Agreement pursuant to Article 1.13 (Termination of the Service Agreement by the Company).
- Where the Payment Service Provider determines it necessary, the Payment Service Provider may, based on information provided by the Company, directly request the Event Organizer to take corrective action, and take such measures as the Payment Service Provider determines necessary, such as investigating usage status or temporarily suspending use of payment services.
- Where the Company has requested an Event Organizer to remedy the cause under paragraph 1 or paragraph 2 pursuant to the preceding paragraph, but the Event Organizer has not remedied such cause, the Card Company may directly request the Event Organizer to remedy the cause and may conduct an investigation.
- Even where the Company has suspended or discontinued provision of the Service pursuant to paragraph 1 or paragraph 2, the Service Contracting Party shall not be relieved of its obligation to pay usage fees.
Article 1.11 (Termination of the Service)
- The Company may terminate all or part of the Service at any time for the Company's own convenience. In such a case, the Company shall notify Service Contracting Parties by posting on the Service Site, no later than three months prior to terminating the Service, that it will terminate the Service. Where the Company terminates the Service in its entirety, the Service Agreement shall automatically terminate as of that time.
- The Company shall bear no liability whatsoever for any damage incurred by a Service Contracting Party as a result of the Company terminating all or part of the Service pursuant to the preceding paragraph.
Article 1.12 (Cancellation of the Service Agreement by a Service Contracting Party)
A Service Contracting Party wishing to cancel the Service Agreement may do so by transmitting a request to that effect to the Company from the account deletion screen on the Service Site (hereinafter, the "Account Deletion Screen"), in accordance with the procedure designated on such Account Deletion Screen. In such a case, the Service Agreement shall terminate at the time the Company notifies the Service Contracting Party, through the Account Deletion Screen, that the Company has completed the cancellation procedure.
Article 1.13 (Termination of the Service Agreement by the Company)
Where the Company determines that a Service Contracting Party falls under any of the following items, the Company may, without any prior demand, immediately terminate all or part of the Service Agreement and claim compensation for damage incurred:
- It is discovered that the contents of the application for the Service Agreement were contrary to fact;
- Where provision of the Service has been suspended on the grounds that any of the items of Article 1.10 (Suspension of Provision, etc.), paragraph 1 applies, and such cause is likely to impede the Company's business operations, or the cause of such suspension is not remedied by the deadline designated by the Company;
- A violation of Article 1.6 (Prohibited Acts);
- It is found that there is no prospect that the Service Contracting Party will perform its obligations under these Terms of Service;
- There has been a suspension of payments, the Service Contracting Party has fallen into a state of insolvency, or a petition has been filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings;
- The Service Contracting Party has been subject to a disposition for suspension of transactions by a clearing house, or has been subject to a provisional attachment, preservative attachment, or attachment;
- The Service Contracting Party has caused, or may cause, material harm or damage to the Company; or
- There is otherwise a reasonable cause to conclude that provision of the Service cannot be continued.
Article 1.14 (Continuation, Termination, etc. of the Service Agreement)
- Where Article 1.11 (Termination of the Service), paragraph 1, Article 1.12 (Cancellation of the Service Agreement by a Service Contracting Party), or the preceding Article applies, the Service Agreement shall also automatically terminate in accordance with the relevant provision. Upon termination of the Service Agreement, the Service Contracting Party shall forfeit all rights to Tickets purchased or obtained through the Service and Gifts purchased through the Service, regardless of whether such Tickets or Gifts have been used.
- A Service Contracting Party may not use the Service after the Service Agreement has terminated. Even if the Service Contracting Party subsequently enters into a new Service Agreement, such new Service Agreement shall not carry over any Service settings or other information from the Service Contracting Party's prior use of the Service.
Article 1.15 (Business Transfer)
Where the Company transfers the business relating to the Service to a third party (including in the case of a business transfer, company split, merger, or any other case in which the entity providing the Service changes), the Company may, in connection with the transfer of such business, transfer the Service Contracting Party's contractual status under these Terms of Service, the rights and obligations under these Terms of Service, the information registered in connection with member registration, and any other information, to the transferee or successor of such business, and the Service Contracting Party consents in advance to such transfer.
Article 1.16 (Limitation of Liability for Damages)
- Even where the Company is liable for damages to a Service Contracting Party who has purchased a Ticket or Gift using the Service, the scope of the Company's liability to the Service Contracting Party shall be limited to ordinary direct damage (excluding lost profits), and the maximum amount of such liability shall be the amount stated on the face of the Ticket or the purchase price of the Gift.
- The preceding paragraph shall not apply where the Company causes damage to a Service Contracting Party through its willful misconduct or gross negligence.
Article 1.17 (Notices)
- The Company shall provide notices to Service Contracting Parties relating to the Service by either of the following methods:
- Email sent to the email address that the Service Contracting Party has registered with the Company under the Service Agreement; or
- Any other method the Company deems appropriate.
- A notice to a Service Contracting Party shall be deemed to have been given at the time the Company dispatches the notice set forth in the preceding paragraph.
- In addition to the methods listed in paragraph 1, the Company may substitute posting the content on the Service Site for a notice to a Service Contracting Party relating to the Service. In such a case, the notice shall be deemed to have been given to the Service Contracting Party at the time the Company posts the content of the notice on the Service Site.
Article 1.18 (Notification of Changes)
- If there is any change to the information a Service Contracting Party has provided to the Company in connection with the Service, such as name or email address, the Service Contracting Party shall promptly notify the Company.
- Where a notification is made under the preceding paragraph, the Company may request that the Service Contracting Party present or submit documents to confirm the reported change. In such a case, the Service Contracting Party shall comply with such a request.
- Where a notification is made under paragraph 1, notices from the Company under these Terms of Service shall be sent to the updated contact information notified pursuant to these Terms of Service.
- Where there has been a change to the information reported by a Service Contracting Party but no notification has been made to the Company (including the period after such notification until the Company confirms the reported change), a notice from the Company under these Terms of Service shall be deemed to have been given by sending it to the latest contact information that the Company currently has on file as reported by the Service Contracting Party.
Article 1.19 (Survival)
Even after termination of the Service Agreement, the provisions of Article 1.5 (Intellectual Property Rights, etc.), paragraphs 2 and 3, Article 1.16 (Limitation of Liability for Damages), Article 1.22 (Assignment of Rights, etc.), Article 1.23 (Agreed Jurisdiction), Article 1.24 (Governing Law), Article 2.11 (Returns and Cancellation of Tickets), paragraphs 2 through 4, Article 2.14 (Receipt of Ticket Price, etc. as Agent), Article 2.15 (Payment of Ticket Sales Proceeds to Event Organizers), Article 2.16 (Payment of Distributions to Event Organizers), Article 2.17 (Purchase and Use of Gifts), paragraphs 5 and 8, Article 3.5 (Receipt of Membership Fees, etc. as Agent), and Article 3.7 (Payment of Optional Service Sales Proceeds to Event Organizers Using Optional Services) shall survive.
Article 1.20 (Exclusion of Antisocial Forces)
- Each Service Contracting Party represents and warrants that it (including, in the case of a corporation or other organization, its parent company, subsidiaries, and other affiliated companies, and their officers, employees, and other related persons) is not, and will not in the future become, any of the following:
- Being (or, in the case of a corporation or other organization, having an officer who is) an organized crime group (bōryokudan), a member of an organized crime group, a person who ceased to be a member of an organized crime group less than five years ago, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer (sōkaiya), a person who purports to engage in a social movement for improper purposes, a special intelligence organized crime group, or any other person equivalent thereto (hereinafter, collectively, "Organized Crime Group Members, etc.");
- In the case of a corporation or other organization, having a relationship in which the Service Contracting Party's management is found to be controlled by Organized Crime Group Members, etc.;
- In the case of a corporation or other organization, having a relationship in which Organized Crime Group Members, etc. are found to be substantially involved in the Service Contracting Party's management;
- Having a relationship found to improperly make use of Organized Crime Group Members, etc., such as by conducting a transaction for the purpose of obtaining an improper benefit for itself or a third party, or for the purpose of causing damage to a third party;
- Having a relationship found to involve providing funds or other benefits to, or otherwise assisting, Organized Crime Group Members, etc.;
- In the case of a corporation or other organization, having an officer, or a person substantially involved in the Service Contracting Party's management, who has a relationship with Organized Crime Group Members, etc. that is socially condemnable;
- Being a person who otherwise seeks to expand its own profits by taking advantage of the fund-raising activities of Organized Crime Group Members, etc., or by making use of the influence, information capabilities, or funds of Organized Crime Group Members, etc.;
- Being a terrorist, etc. (an international terrorist designated pursuant to a United Nations Security Council resolution, or a person who engages in, or engages in activities for the purpose of engaging in, a crime committed for the purpose of intimidating the public as defined in the Act on Punishment of Financing of Offenses of Public Intimidation or any other act of terrorism, or who directly or indirectly participates in such acts or activities by instigation, aiding, provision of funds, or other means); or
- Being a person equivalent to any of items (1) through (8) above.
- Each Service Contracting Party warrants that it will not, whether by itself or through a third party, engage in any of the following acts:
- A violent demand;
- An unreasonable demand exceeding legal responsibility;
- Making threatening remarks or using violence in connection with a transaction;
- Spreading rumors, using deceptive means, or using force to damage the Company's credibility or interfere with the Company's business; or
- Any other act equivalent to the foregoing items.
- Where a Service Contracting Party, whether intentionally or negligently, violates paragraph 1 or paragraph 2, the Service Contracting Party shall, without objection, consent to (i) where the relevant Service Contracting Party is an Event Organizer, the Company deleting the Event Organizer's event page, the Event Organizer's event management page, and any other pages relating to the Event from the Service Site and the server, and (ii) the Company immediately terminating the agreement between the Company and the Service Contracting Party and terminating the Service Agreement.
- Even where a Service Contracting Party incurs any damage as a result of the measures taken by the Company under the preceding paragraph, the Service Contracting Party shall not be entitled to make any claim against the Company, and shall bear all such damage itself.
- Where an Event Organizer violates paragraph 1 or paragraph 2, and the measures taken by the Company under paragraph 3 cause damage to the Company (including its officers and employees) or to an Event Participant, the Event Organizer shall compensate for all such damage.
Article 1.21 (Amendment of these Terms of Service)
The Company may amend these Terms of Service in the following cases by giving prior notice to Service Contracting Parties through posting on the Service Site. Where these Terms of Service are amended, the amended Terms of Service shall apply from and after the effective date of the amendment.
- Where the amendment to these Terms of Service conforms to the general interests of Service Contracting Parties; or
- Where the amendment to these Terms of Service does not conflict with the purpose of the Service Agreement, and is reasonable in light of the necessity of the amendment, the reasonableness of the amended content, and other circumstances relating to the amendment.
Article 1.22 (Assignment of Rights, etc.)
Except where permitted by the Company under these Terms of Service, a Service Contracting Party may not assign, transfer, or create any security interest in, all or part of any right it holds against, or obligation it owes to, the Company under the Service Agreement, to or in favor of a third party.
Article 1.23 (Agreed Jurisdiction)
Where litigation becomes necessary between a Service Contracting Party and the Company in connection with the Service Agreement, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 1.24 (Governing Law)
The formation, validity, interpretation, and performance of the Service Agreement shall be governed by the laws of Japan.
Chapter 2 Ticketing Service
Article 2.1 (Contents of the Ticketing Service)
- The Ticketing Service provides (i) intermediary services for the sale and purchase of Tickets between Event Organizers and Event Participants, and (ii) intermediary services for the transfer of Tickets between an Event Participant who has purchased a Ticket and another Event Participant.
- The Ticketing Service provides the following features in connection with (i) the sale and purchase of Tickets and (ii) Ticket Transfers. Details are set forth on the Service Site. Depending on the type of Compatible Device, contract status, and other factors, the features available for use may be limited.
- A feature that allows Event Organizers to publish Events;
- A feature that allows Event Organizers to sell Tickets;
- A feature that allows Event Organizers to select and configure the payment methods available for each Event;
- A feature that allows Event Organizers to review Ticket sales history;
- A feature that allows Event Organizers to conduct Surveys of Event Participants;
- A feature that allows Event Participants to view Events;
- A feature that allows Event Participants to purchase Tickets;
- A feature that allows Event Participants to transfer Tickets; and
- A feature that allows Event Participants to purchase Gifts.
- In the Ticketing Service, (i) a contract for the sale and purchase of a Ticket is formed between the Event Organizer and the Event Participant who purchases the Ticket, and (ii) a Ticket Transfer is formed between the Event Participant who purchased the Ticket and another Event Participant, and the Event Participant who receives the Ticket Transfer purchases the relevant Ticket from the Event Organizer. The Company is not a party to, nor does it act as a broker for, (i) the sale and purchase of Tickets between an Event Organizer and an Event Participant, or (ii) the Ticket Transfer between an Event Participant who purchased a Ticket and another Event Participant.
- The Company shall have no involvement whatsoever in, and shall bear no obligation to resolve or liability for damages in connection with, any dispute or other issue (including a dispute relating to a refund or similar matter in the event an Event is canceled) that arises with or between an Event Organizer, an Event Participant who purchased a Ticket, or any other third party.
- Where a Service Contracting Party also uses a payment service provided by a Payment Service Provider in connection with its use of the Ticketing Service, the Service Contracting Party must agree to, and comply with, the terms, conditions, and other rules established by such Payment Service Provider. The Service Contracting Party agrees that, in accordance with the terms, conditions, and other rules established by such Payment Service Provider, certain features of the relevant payment service may be unavailable.
Article 2.1-2 (Contents of the Lottery Sales Service)
For an Event that uses the service which accepts purchase applications through the Service Site and sells Tickets by lottery for the purpose of securing Tickets in advance (hereinafter, the “Lottery Sales Service”), where the number of Event Participants who submit purchase applications (hereinafter, the “Lottery Applicant”) exceeds the number of Tickets available for sale, a lottery shall be conducted among the Lottery Applicants. The lottery method shall, in principle, be random, but the Company shall bear no obligation to disclose the specific lottery method. Even if a Ticket is made available to a Lottery Applicant as a result of winning the lottery, the Company does not guarantee that a desirable seat, such as a seat in the front rows, will be secured.
Article 2.2 (Publication of Events)
- An Event Organizer may publish an Event using the Service and offer it to Event Participants.
- When publishing an Event, the Event Organizer shall, using the Service’s payment platform and trade name, clearly indicate to participants in a paid Event that the Event Organizer conducts mail-order sales of Paid Tickets.
Article 2.3 (Determination of Ticket Price)
- For Events published through the Service, the Event Organizer shall sell Tickets from the event editing screen in the prescribed manner.
- The Event Organizer shall, at its own responsibility, determine the event information, the ticket type settings for each seat, the number of Tickets available for sale, the Ticket price, the timing of sale, and other conditions (including, without limitation, the content of Season Tickets). All Ticket prices displayed on the Service are inclusive of tax.
Article 2.4 (Purchase of Tickets)
- An Event Participant wishing to purchase a Ticket (in this Article, including a Season Ticket) shall complete the purchase application procedure in the manner prescribed by the Service.
- After completion of the Ticket application procedure, a contract for the sale and purchase of the Ticket shall be formed between the Event Organizer relating to the Ticket and the Event Participant who applied for the Ticket at the time the Company sends the purchase confirmation email to the Event Participant.
- Notwithstanding the preceding paragraph, where the Ticket is a Paid Ticket and convenience store payment has been selected, the contract for the sale and purchase of the Ticket shall be formed between the Event Organizer relating to the Ticket and the Event Participant who applied for the Ticket at the time the Company sends the order confirmation email to the Event Participant after completion of the Ticket application procedure. In this case, the Event Participant shall complete payment at the convenience store by the date stated in the order confirmation email, and if payment is not made by that date, the contract for the sale and purchase of the Ticket shall be automatically canceled.
Article 2.4-2 (Application for and Purchase of Lottery Tickets)
- An Event Participant wishing to use the Lottery Sales Service shall submit a purchase application in accordance with the prescribed procedure, and the Service Agreement relating to the Lottery Sales Service shall be formed upon completion of such application. After the application period for the lottery has ended, a Lottery Applicant may not, in principle, withdraw its Ticket purchase application.
- If an Event Participant falls under any of the following items, the Company may, without prior notice to the Event Participant, invalidate the Ticket applied for or purchased and suspend the Event Participant's use of the Lottery Sales Service. Even where the Company invalidates an application, the Company shall have no obligation to notify the Event Participant of such fact.
- Where the Lottery Sales Service was used with multiple email addresses, accounts, or the like that are objectively and reasonably suspected to be managed by the same person;
- Where the Event Participant has engaged in an act prohibited under Article 1.6 (Prohibited Acts);
- Where the Event Participant has violated these Terms of Service; or
- Any other case that the Company determines to be inappropriate.
- A contract for the sale and purchase of a Ticket under the Lottery Sales Service shall be formed at the time the Event Organizer finalizes the winning result. However, where, due to a limited number of Tickets available or similar reasons, not all Tickets applied for can be made available, the contract for the sale and purchase shall be formed only between the Event Organizer and the Lottery Applicant who received a winning notification.
- After the lottery date, the Company will display the lottery result (winning or non-winning) to each Lottery Applicant on the ticket screen on the Service Site. Service Contracting Parties shall not make any inquiries regarding the status of their lottery sales applications, their winning or non-winning status, or similar matters, and the Company will not respond to any such inquiries.
Article 2.5 (Ticketing Service Usage Fee)
- Where a contract for the sale and purchase of a Ticket for an Event is formed between the Event Organizer and an Event Participant, the Event Organizer shall pay to the Company, as the usage fee for the Ticketing Service (hereinafter, the "Ticketing Service Usage Fee"), an amount calculated by multiplying the Ticket price by the rate set forth in the attached "Ticketing Service Usage Fee Schedule" (hereinafter, the "Ticketing Service Fee Schedule"). Such rate may vary depending on the payment method selected by the Event Organizer, and details shall be as set forth in the Ticketing Service Fee Schedule.
- The Ticketing Service Usage Fee shall be collected by deducting it from the Ticket price that the Company receives, on behalf of the Event Organizer, from the Event Participant who purchased the Ticket, and the Event Organizer agrees in advance that the Ticketing Service Usage Fee will be collected by such method.
- In calculating the Ticketing Service Usage Fee and any other amounts, if a fraction of less than one yen arises in the result of such calculation, the Company shall discard such fraction. The Service Contracting Party agrees to this.
- In addition to the Ticketing Service Usage Fee, a separate communications charge shall apply to use of the Ticketing Service. Such communications charge shall be borne by the Event Organizer or the Event Participant, as applicable.
Article 2.6 (Display of Tickets)
- A Ticket purchased by an Event Participant shall be displayed electronically on the purchase completion page on the Service Site or on the Ticket Page.
- The Company shall bear no liability whatsoever for any delay in receipt or failure to receive a Ticket due to the Event Participant's own fault (including, without limitation, an error in the information transmitted at the time of the Ticket application procedure), or for any damage or other loss incurred by the Event Participant as a result of such delay or failure to receive the Ticket.
Article 2.7 (Check-in Operations)
- The Event Organizer shall, at its own expense and responsibility, secure a computer or Compatible Device connected to the internet, and an environment capable of connecting to the internet, in order to perform check-in operations on the Service Site for Tickets purchased through the Service.
- The Company shall bear no liability whatsoever even where a failure of a communications line, computer, server, or similar equipment causes an impediment to the check-in operations set forth in the preceding paragraph.
Article 2.8 (Inquiries Relating to Events)
- Inquiries relating to the content of an Event shall be made directly by the Event Participant to the Event Organizer, and the Company shall have no involvement therein.
- Where the Company, an Event Participant, or any other third party makes an inquiry to the Event Organizer in connection with information registered by the Event Organizer on the Service Site (including a defense, complaint, or similar matter raised by an Event Participant arising from causes attributable to the Event Organizer; the same shall apply hereinafter), the Event Organizer shall immediately respond to such inquiry.
- Where the Company determines that the operation of the Service would be impeded because the Event Organizer has failed to respond to an inquiry from the Company, an Event Participant, or any other third party, the Company may respond to such inquiry itself, regardless of the intention of the Event Organizer. The Company may charge the Event Organizer for the costs incurred in responding to such inquiry.
Article 2.9 (Responsibility of the Event Organizer)
- The Event Organizer shall, at its own responsibility, hold the relevant Event in accordance with the content of the Event and the Ticket published using the Service.
- Where a problem occurs in holding the Event, or where a complaint or other issue arises from an Event Participant due to such a problem, or where any accident occurs at the Event, the Event Organizer shall, at its own responsibility and expense, respond in good faith to the Event Participant, and shall hold the Company harmless.
- Notwithstanding the preceding two paragraphs, where the Company determines that the Event Organizer has not appropriately responded to the matters set forth in the preceding paragraph, the Company may, without prior notice to the Event Organizer, take the necessary action with respect to such matter in place of the Event Organizer. The Company may charge the Event Organizer for the costs incurred in taking such action.
- Where an Event Organizer also uses a payment service provided by a Payment Service Provider, the Event Organizer shall make the settings and registrations necessary to use such payment service in accordance with the terms, conditions, and other rules established by such Payment Service Provider.
Article 2.10 (Responsibility in the Event of Cancellation of an Event)
- Even where an Event is canceled due to circumstances on the part of the Event Organizer, the Company shall bear no responsibility whatsoever, including any obligation to announce such cancellation.
- Where an Event is canceled due to circumstances on the part of the Event Organizer, force majeure, or other similar causes, and the Event Organizer completes the Event cancellation procedure in the manner prescribed by the Company, the Company shall refund the Ticket price to Event Participants, but only within the period prescribed by the Company. The refund handling fee for such refund shall, in principle, be borne by the Event Organizer. The Event Participant agrees in advance that the refund will be made in the manner prescribed by the Company, that only the Ticket price is subject to refund, and that payment processing fees, such as convenience store fees, will not be refunded.
Article 2.11 (Returns and Cancellation of Tickets)
- Due to the nature of the product, a Ticket purchased by an Event Participant through the Ticketing Service may not, in principle, be returned or canceled. However, except in the case of convenience store payment, an Event Participant may return or cancel a Ticket only where any of the following applies:
- The Event Participant requests a return or cancellation from the Event Organizer by the date and time of the Event, and the Event Organizer accepts such request;
- An incorrect charge has occurred due to a system error; or
- The Event Organizer otherwise determines it necessary.
- Where a return or cancellation is made based on the grounds set forth in the preceding paragraph, and 180 days or more have elapsed since the payment date in the case of credit card payment, the Event Participant who purchased the Ticket shall pay the Company a refund handling fee of 500 yen per order for the returned or canceled Ticket.
- The Event Participant agrees in advance that the refund will be made in the manner prescribed by the Company, that only the Ticket price is subject to refund, that the Company will collect the refund handling fee set forth in the preceding paragraph by deducting it from the amount of the Ticket price refund, and that payment processing fees, such as convenience store fees, will not be refunded.
- Where the Company refunds the Ticket price to an Event Participant by bank transfer, the Event Participant shall register the bank account information for receiving the refund in the manner prescribed by the Company. If the Event Participant does not register such bank account information within 180 days from the return or cancellation of the Ticket, the Company may deem that the Event Participant has waived its right to claim such refund from the Company.
Article 2.12 (Prohibition of Unauthorized Resale)
- An Event Participant may not engage in unauthorized resale of a Ticket purchased using the Service to a third party, and may not provide a Ticket to a third party for the purpose of unauthorized resale.
- Where it is discovered that a Ticket has been resold or provided to a third party in violation of the preceding paragraph, and the Event Organizer so requests, the Company may invalidate the relevant Ticket, and may take measures to ensure that the price of the relevant Ticket is not refunded and that entry to the Event is not permitted.
- Where it is discovered that a Ticket has been resold or provided to a third party in violation of paragraph 1, the Company may, at its discretion, suspend use of the account of the Event Participant that was used to purchase the relevant Ticket.
- The Company shall bear no liability whatsoever for any problem that arises where an Event Participant or other third party obtains, from a site other than the Service Site, a ticket shop, a ticket scalper, or similar source, a Ticket that could otherwise be purchased on the Service Site.
Article 2.13 (Ticket Transfer)
- An Event Participant who wishes to transfer a Ticket (hereinafter, the "Transferor") shall issue a transfer URL from the Ticket Page in the prescribed manner, and provide such URL, in the prescribed manner, to the Event Participant who wishes to receive the Ticket Transfer (hereinafter, the "Transferee"), and the Transferee shall apply for the Ticket Transfer from the ticket transfer screen in the prescribed manner.
- A Ticket Transfer shall be formed on the condition that the Event Organizer accepts the relevant Ticket Transfer. Where an Event Organizer accepts Ticket Transfers by Event Participants, the Event Organizer shall itself configure the settings for accepting Ticket Transfers prior to publishing the Event.
- Where a Ticket Transfer is formed, (i) the contract for the sale and purchase of the Ticket subject to the transfer (hereinafter, the "Subject Ticket") between the Transferor and the Event Organizer shall be canceled, (ii) the Ticket price for the Subject Ticket shall be refunded to the Transferor, (iii) a new contract for the sale and purchase of the Subject Ticket shall be formed between the Transferee and the Event Organizer, and (iv) the Transferee shall pay the Ticket price for the Subject Ticket to the Event Organizer. The Transferee's obligation to pay the Ticket price to the Event Organizer shall be extinguished at the time the Company, on behalf of the Event Organizer, receives the Ticket price for the Subject Ticket from the Transferee.
- The Ticket Transfer shall be formed at the time the Company sends the Transferor a Ticket Transfer completion email.
- The Transferor agrees in advance that, where a Ticket Transfer is formed, the refund of the Ticket price for the Subject Ticket to the Transferor will be made in the manner prescribed by the Company, and that only the Ticket price is subject to refund.
- Member registration with the Ticketing Service is required in order to perform a Ticket Transfer. A Ticket purchased without member registration may not be transferred.
- A Ticket Transfer must be performed within the prescribed period (hereinafter, the "Transfer Period") from the time the Transferor issues the transfer URL, and the URL may not be used after the Transfer Period has elapsed. In addition, a Ticket Transfer may not be performed after the end time of the Event for the relevant Ticket has passed, and any transfer URL that has been issued will also become unusable at the end time of the relevant Event.
Article 2.14 (Receipt of Ticket Price, etc. as Agent)
- (1) The Event Organizer shall grant the Company authority to receive, as agent, the Ticket price relating to a contract for the sale and purchase of a Ticket formed through the Ticketing Service, and the Ticket price for the Subject Ticket set forth in Article 2.13 (Ticket Transfer) (including the authority to re-grant such authority to a Payment Service Provider). Where an Event Participant settles the Ticket price by credit card, the Company shall advance payment of the Ticket price to the Event Organizer on behalf of the Event Participant, and where an Event Participant uses a payment service provided by a Payment Service Provider, the Company shall receive the Ticket price from the relevant Payment Service Provider on behalf of the Event Organizer. The Event Organizer agrees in advance that it may not directly claim the Ticket price or any other funds from the Event Participant, the Card Company, or the Payment Service Provider. The Event Organizer and the Event Participant also agree in advance that the Card Company may, at its own discretion, decline to advance payment of any claim held by the Company against the Event Organizer or the Event Participant, such as the Ticketing Service Usage Fee or the Ticket price.
(2) In the case set forth in (1) above, at the time the Company receives the Ticket price on behalf of the Event Organizer (or, where the Card Company advances payment of the Ticket price owed by the Event Participant who purchased the Ticket, at the time the Company receives such advance payment from the Card Company, or where the Event Participant uses a payment service provided by a Payment Service Provider, at the time the Company receives the Ticket price from such Payment Service Provider), the obligation of the Event Participant who purchased the Ticket to pay the Ticket price shall be extinguished, and the Event Organizer may not separately claim the Ticket price from the Event Participant.
- (1) In the case of a refund under Article 1.13 (Termination of the Service Agreement by the Company), or a refund under Article 2.10 (Responsibility in the Event of Cancellation of an Event), Article 2.11 (Returns and Cancellation of Tickets), or Article 2.13 (Ticket Transfer), where the Event Organizer makes the refund, the Event Participant shall grant the Company authority to receive, as agent, the refund of the Ticket price from the Event Organizer (including the authority to re-grant such authority to a Payment Service Provider).
(2) In the case set forth in (1) above, at the time the Company receives the refund on behalf of the Event Participant, the Event Organizer's refund obligation shall be extinguished, and the Event Participant may not separately claim the refund from the Event Organizer.
(3) Notwithstanding (1) and (2) above, after payment of the Ticket Sales Proceeds to the Event Organizer under Article 2.15 is made, the Event Organizer itself shall make the refund of the Ticket price to the Event Participant.
- The Event Organizer and the Event Participant agree in advance that the Company may assign to a Card Company any claim it holds against the Event Organizer or the Event Participant, such as the Ticketing Service Usage Fee or the Ticket price, or may receive advance payment from a Card Company. The Event Organizer and the Event Participant also agree in advance that the Card Company may, at its own discretion, decline to advance payment of any claim the Company holds against the Event Organizer or the Event Participant, such as the Ticketing Service Usage Fee or the Ticket price.
- Except where permitted under these Terms of Service, the Event Organizer and the Event Participant may not assign, provide as security, or otherwise dispose of, to or in favor of a third party, any right or obligation arising from a contract for the sale and purchase of a Ticket or a Ticket Transfer.
Article 2.15 (Payment of Ticket Sales Proceeds to Event Organizers)
- The Company shall pay to the Event Organizer the proceeds from Paid Ticket sales relating to an Event (including Season Ticket sales), after deducting the Ticketing Service Usage Fee and the prescribed bank transfer fee (the amount paid by the Company to the Event Organizer is hereinafter referred to as the "Ticket Sales Proceeds").
- The Company shall notify the Event Organizer of the Ticket Sales Proceeds by displaying them on the sales information screen for the relevant Event on or after the end time of the last day of the Event.
- The date on which the Company pays the Ticket Sales Proceeds to the Event Organizer shall be determined, based on the last day of the relevant Event (hereinafter, the "Event End Date") or the last day of Season Ticket sales, by the following method. If the payment date falls on a Saturday, Sunday, or public holiday, the payment date shall be the following business day.
- Where the Event End Date or the last day of Season Ticket sales falls on or between the 1st and the 15th of the month: the 5th of the following month; or
- Where the Event End Date or the last day of Season Ticket sales falls on or between the 16th and the last day of the month: the 20th of the following month.
- The Event Organizer shall register the bank account information for receiving the Ticket Sales Proceeds from the organization information page on the Service Site, in the prescribed manner, by the Event End Date. If the Event Organizer has not registered such information by the Event End Date, the Company shall make payment within 45 days from the date such bank account information is registered. In addition, if the Event Organizer does not register the bank account information for receiving the Ticket Sales Proceeds within 180 days from the Event End Date, the Company may deem that the Event Organizer has waived its right to claim the Ticket Sales Proceeds from the Company.
Article 2.16 (Payment of Distributions to Event Organizers)
- The Company shall evaluate an Event based on the content of the Event conducted by the Event Organizer, the conduct of Event Participants, or other factors, in the manner prescribed by the Company, and shall pay to the Event Organizer, as a revenue share from the revenue the Company has obtained in connection with the relevant Event, an amount determined by the Company based on such evaluation (hereinafter, the "Distribution"). The method of evaluating the Event, the method of paying the Distribution, and other related matters shall be determined by the Company, and may be changed at the Company's discretion.
- Where the Company pays a Distribution to an Event Organizer, the Company shall pay it together with the Ticket Sales Proceeds for the Event to which the Distribution relates (hereinafter, the "Revenue-Sharing Event"). The Event Organizer shall register the bank account information for receiving the Ticket Sales Proceeds by the end date of the Revenue-Sharing Event. If the Event Organizer does not register the bank account information for receiving the Ticket Sales Proceeds within 180 days from the end date of the Revenue-Sharing Event, the Company may deem that the Event Organizer has waived its right to claim such Distribution from the Company.
- Where the Distribution the Company intends to pay to an Event Organizer does not reach the amount prescribed by the Company, the Company shall not pay such Distribution, and the Event Organizer agrees to this in advance.
- The Company shall not pay a Distribution to an Event Organizer in any of the following cases. In addition, in any of the following cases, if the Company has already paid a Distribution to the Event Organizer, the Company may demand that the Event Organizer return the amount already paid, in the manner prescribed by the Company.
- Where the Event Organizer fails to provide the Company, by the prescribed deadline, with the bank account information for receiving the Ticket Sales Proceeds or the Distribution, or other information requested by the Company;
- Where the Event Organizer violates, or may violate, these Terms of Service or other applicable rules; or
- Any other case in which the Company determines that payment of the Distribution is inappropriate.
Article 2.17 (Purchase and Use of Gifts)
- An Event Participant may purchase a Gift, in accordance with the purchase unit and the displayed price on the Gift purchase screen on the Service Site, by the payment method selected by the Service Contracting Party.
- The Company shall issue the Gift by displaying it electronically on the Gift purchase screen after the Event Participant has completed payment.
- A Gift shall be valid until 180 days after its date of issuance, and if the Event Participant who purchased the Gift does not use it before such expiration date, the Gift shall expire.
- An Event Participant may not cancel a Gift purchase, except in either of the following cases:
- An incorrect charge has occurred due to a system error; or
- Any other case in which the Company determines it particularly necessary.
- Where a Gift purchase is canceled based on the grounds set forth in the preceding paragraph, and 180 days or more have elapsed since the payment date in the case of credit card payment by the Event Participant, the Company may charge the Event Participant a refund handling fee of 500 yen per cancellation.
- An Event Participant may not assign, provide as security, or otherwise dispose of a purchased Gift to or in favor of a third party, or exchange or combine it with that of a third party.
- A Gift may be used only by the Event Participant who purchased it, and may not be used by any third party other than such Event Participant. Where the Company confirms, in the manner prescribed by the Company, that the account information entered at the time of Gift use matches the account information at the time of Gift purchase, such use shall be deemed to have been made by the Event Participant in person. Even where such match resulted from unauthorized use by a third party, the Company will not refund the used Gift, and shall bear no liability for any damage incurred by the Event Participant.
- After a Gift has been used, an Event Participant may not, under any circumstances, obtain a refund for the Gift.
Chapter 3 Optional Services
Article 3.1 (Contents of the Optional Services)
The Optional Services provide Event Organizers with the features listed in the following items, and details are set forth on the Service Site. Depending on the type of Compatible Device, contract status, and other factors, the features available for use may be limited.
- A feature that allows Event Organizers to administer and operate a Membership; and
- A feature that allows Event Organizers to manage purchasers of Season Tickets.
Article 3.2 (Registration to Use the Optional Services)
An Event Organizer using the Optional Services (hereinafter, an "Option-Subscribing Organizer") shall, after entering into the Service Agreement, complete registration to use the Optional Services in the prescribed manner on the Service Site.
Article 3.3 (Joining a Membership)
- In administering and operating a Membership, an Option-Subscribing Organizer shall provide an appropriate explanation regarding the Membership to a prospective applicant considering applying to join the Membership, in the prescribed manner on the Service Site.
- A prospective applicant shall review the Membership page, carefully review the relevant plan's membership fee, the terms of use, and the details of the information, services, etc. provided, and then apply to join in the manner prescribed by the Service.
- A Membership participation agreement between the Option-Subscribing Organizer and a Membership Member shall be formed at the time the Company sends the Membership Member a purchase confirmation email after the application to join the Membership.
Article 3.4 (Optional Service Usage Fee)
- An Option-Subscribing Organizer that has completed registration to use the Optional Services shall pay the fee for use of the Optional Services determined by the Company (hereinafter, the "Optional Service Usage Fee") by the payment method designated by the Company.
- In calculating the Optional Service Usage Fee and any other amounts, if a fraction of less than one yen arises in the result of such calculation, the Company shall discard such fraction. The Service Contracting Party agrees to this.
- In addition to the Optional Service Usage Fee, a separate communications charge shall apply to use of the Optional Services. Such communications charge shall be borne by the Option-Subscribing Organizer or the Membership Member, as applicable.
Article 3.5 (Receipt of Membership Fees, etc. as Agent)
- (1) The Option-Subscribing Organizer shall grant the Company authority to receive, as agent, the Membership fees, etc. that the Option-Subscribing Organizer administers and operates through the Optional Services (hereinafter, "Membership Fees, etc.") (including the authority to re-grant such authority to a Payment Service Provider). Where a Membership Member settles Membership Fees, etc. by credit card, the Company shall advance payment of the fees, etc. to the Option-Subscribing Organizer on behalf of the Membership Member, and where a Membership Member uses a payment service provided by a Payment Service Provider, the Company shall receive the Membership Fees, etc. from the relevant Payment Service Provider on behalf of the Option-Subscribing Organizer. The Option-Subscribing Organizer agrees in advance that it may not directly claim the Membership fees, etc. or any other funds from the Membership Member, the Card Company, or the Payment Service Provider.
(2) At the time the Company receives payment from the Membership Member through a Card Company or a Payment Service Provider, the Membership Member's payment obligation for the Membership fees, etc. owed to the Option-Subscribing Organizer shall be deemed performed and extinguished, and the Option-Subscribing Organizer may not separately claim the Membership fees, etc. from the Membership Member.
- (1) Where a Membership is canceled pursuant to Article 3.6 (Cancellation of Membership), the Membership Member shall grant the Company authority to receive, as agent, the refund of the Membership fees, etc. from the Option-Subscribing Organizer (including the authority to re-grant such authority to a Payment Service Provider).
(2) In the case set forth in (1) above, at the time the Company receives the refund on behalf of the Membership Member, the Option-Subscribing Organizer's refund obligation shall be extinguished, and the Membership Member may not separately claim the refund from the Option-Subscribing Organizer.
(3) Notwithstanding (1) and (2) above, after payment of the Optional Service Sales Proceeds to the Option-Subscribing Organizer under Article 3.7 (Payment of Optional Service Sales Proceeds to Option-Subscribing Organizers) is made, the Option-Subscribing Organizer itself shall make the refund of the Membership fee to the Membership Member.
- The Option-Subscribing Organizer and the Membership Member agree in advance that the Company may assign to a Card Company any claim it holds against the Option-Subscribing Organizer or the Membership Member, such as (i) the Optional Service Usage Fee or (ii) the Membership fees, etc., or may receive advance payment from a Card Company.
- The Option-Subscribing Organizer and the Membership Member agree in advance that the Card Company may, at its own discretion, decline to advance payment of any claim the Company holds against the Option-Subscribing Organizer or the Membership Member, such as (i) the Optional Service Usage Fee or (ii) the Membership fees, etc.
Article 3.6 (Cancellation of Membership)
- Due to the nature of the Optional Services, a Membership Member may not, in principle, cancel, during its term, a Membership to which the Membership Member has applied. However, a Membership Member may cancel a Membership where any of the following applies:
- The Membership Member requests cancellation from the Option-Subscribing Organizer by the start date of provision of the Optional Services, and the Option-Subscribing Organizer accepts such request;
- An incorrect charge has occurred due to a system error; or
- The Option-Subscribing Organizer otherwise determines it necessary.
- Where a cancellation is made based on the grounds set forth in the preceding paragraph, and 180 days or more have elapsed since the payment date in the case of credit card payment, the Membership Member shall pay the Company a refund handling fee of 500 yen per order for the returned or canceled Membership fees.
- The Membership Member agrees in advance that the refund will be made in the manner prescribed by the Company, that only the Membership fees, etc. are subject to refund, that the Company will collect the refund handling fee set forth in the preceding paragraph by deducting it from the amount of the Membership fees, etc. refund, and that payment processing fees, such as convenience store fees, will not be refunded.
- Where the Company refunds the Membership fees, etc. by bank transfer, the Membership Member shall register the bank account information for receiving the refund in the manner prescribed by the Company. If the Membership Member does not register the bank account information for receiving the refund within 180 days from the cancellation of the Membership, the Company may deem that the Membership Member has waived its right to claim such refund from the Company.
Article 3.7 (Payment of Optional Service Sales Proceeds to Option-Subscribing Organizers)
- The Company shall pay to the Option-Subscribing Organizer the proceeds from sales of Membership fees, etc., after deducting the Optional Service Usage Fee and the prescribed bank transfer fee (the amount paid by the Company to the Option-Subscribing Organizer is hereinafter referred to as the "Optional Service Sales Proceeds").
- The Company shall notify the Option-Subscribing Organizer of the Optional Service Sales Proceeds in the manner prescribed by the Company.
- The date on which the Company pays the Optional Service Sales Proceeds to the Option-Subscribing Organizer shall be determined, based on the Membership application date, by the following method. If the payment date falls on a Saturday, Sunday, or public holiday, the payment date shall be the following business day.
- Where the Membership application date falls on or between the 1st and the 15th of the month: the 5th of the following month; or
- Where the Membership application date falls on or between the 16th and the last day of the month: the 20th of the following month.
- The Option-Subscribing Organizer shall register the bank account information for receiving the Optional Service Sales Proceeds from the organization information page on the Service Site, in the prescribed manner, by the Membership application date. If the Option-Subscribing Organizer has not registered such information by the Membership application date, the Company shall make payment within 45 days from the date such bank account information is registered. In addition, if the Option-Subscribing Organizer does not register the bank account information for receiving the Optional Service Sales Proceeds within 180 days from the Membership application date, the Company may deem that the Option-Subscribing Organizer has waived its right to claim the Optional Service Sales Proceeds from the Company.
Article 3.8 (Term of the Optional Service Agreement)
- The term of the agreement between the Company and an Option-Subscribing Organizer relating to the Optional Services (hereinafter, the "Optional Service Agreement") shall be from the date of its formation until the expiration date of the term agreed between the Company and the Option-Subscribing Organizer.
- If neither the Company nor the Option-Subscribing Organizer gives the other party notice, in the manner prescribed by the Company, of its refusal to renew, no later than one month prior to the expiration date of the term set forth in the preceding paragraph, the Optional Service Agreement shall be automatically renewed on the same terms and for the same term, absent a separate agreement, and the same shall apply thereafter.
- Notwithstanding the preceding two paragraphs, where the Company gives notice to the Option-Subscribing Organizer, no later than two months prior to the expiration date of the term, that it will change the usage fee or other contractual terms of the Optional Services for the renewed term, and the Option-Subscribing Organizer does not give notice refusing renewal no later than one month prior to such expiration date in accordance with the preceding two paragraphs, the Optional Service Agreement shall be renewed in accordance with the contractual terms of which notice was given.
- Where the Optional Service Agreement terminates due to expiration of its term or any other cause, and the Option-Subscribing Organizer has an outstanding obligation owed to the Company, the Option-Subscribing Organizer shall automatically lose the benefit of time with respect to all such obligations, and shall immediately pay all such obligations to the Company.
- Notwithstanding the provisions of this Article, where an Option-Subscribing Organizer's registration to use the Optional Services is canceled, or where the Company terminates provision of the Optional Services, the Optional Service Agreement shall also terminate at that time.
Article 3.9 (Access to Submitted Data, etc.)
- The Option-Subscribing Organizer agrees that (i) from the day following the date the Optional Service Agreement terminates, it will no longer be able to access the Option-Subscribing Organizer's Submitted Data recorded within the Optional Services, or use the Optional Services, and (ii) the Company will delete the Submitted Data within the Optional Services after 90 days have elapsed, counting the date of termination of the Optional Service Agreement as the first day.
- Notwithstanding the preceding paragraph, unless the Option-Subscribing Organizer terminates the Optional Service Agreement, the Submitted Data relating to the Optional Services shall be retained, and the Company may continue to use such Submitted Data.
Supplementary Provisions (October 3, 2019)
These Terms of Service shall take effect on October 3, 2019.
Revision Date (January 6, 2020)
These amended Terms of Service shall take effect on January 6, 2020.
Revision Date (April 1, 2020)
These amended Terms of Service shall take effect on April 1, 2020.
Revision Date (April 15, 2020)
These amended Terms of Service shall take effect on April 15, 2020.
Revision Date (April 27, 2020)
These amended Terms of Service shall take effect on April 27, 2020.
Revision Date (July 10, 2020)
These amended Terms of Service shall take effect on July 10, 2020.
Revision Date (July 31, 2020)
These amended Terms of Service shall take effect on July 31, 2020.
Revision Date (February 22, 2021)
These amended Terms of Service shall take effect on February 22, 2021.
Revision Date (September 27, 2021)
These amended Terms of Service shall take effect on September 27, 2021.
Revision Date (August 23, 2022)
These amended Terms of Service shall take effect on August 23, 2022.
Revision Date (January 31, 2023)
These amended Terms of Service shall take effect on January 31, 2023.
Revision Date (February 28, 2023)
These amended Terms of Service shall take effect on February 28, 2023.
Revision Date (March 14, 2023)
These amended Terms of Service shall take effect on March 14, 2023.
Revision Date (June 1, 2024)
These amended Terms of Service shall take effect on June 1, 2024.
Revision Date (May 13, 2025)
These amended Terms of Service shall take effect on May 13, 2025.
Revision Date (October 13, 2026)
These amended Terms of Service shall take effect on October 13, 2026.
teket Inc.