Terms of Service
In these terms and conditions of use (hereinafter referred to as the “Terms”), the service providing conditions of KabuK Style Inc. (hereinafter referred to as “we”, “us” or “our”) and the relationship related to the rights and obligations between us and all members shall be stipulated. In the use of the service, please read the full text of the Terms and agree with the contents.
Article 1 About HafH
HafH is a new subscription type co-living service which aims to be a platform that allows its members to live in all areas of the world at a fixed monthly rate (an all-in-one system including expenses and initial costs such as utilities, equipment, internet use, deposit, key money, security money and furniture).
Article 2 Definition
- “We”, “us” or “our” herein means KabuK Style Inc..
- “Our group” is the general term of us and the companies which have a capital or cooperative relationship with us.
- ”Member” means any person or entity that has registered for the membership on the application for smartphone and tablet device (hereinafter referred to the “Application” including applications that are available for download or provided on a web browser).
- “HafH Facilities” means the facilities that are directly operated by our group.
- “HafH Affiliated Facilities” are the external facilities that our group makes the facility usage contract and that Members have the right to use.
- “HafH Network” means all “HafH Facilities” and “HafH Affiliated Facilities” which may be used by Members.
- “Neighbor” means a Member who selects “HafH Coliving”, “HafH Traveling (1m)”, “HafH Traveling (10d)”, “HafH Traveling (5d)”, “Trial HafH (2d)” or Snooze HafH.
- “Subscription Member” is a Member who selects “HafH Coliving”, “HafH Traveling (1m)”, “HafH Traveling (10d)”, “HafH Traveling (5d)”, “Trial HafH (2d)” or “HafH Coworking”.
- The “Services” means the service provided by us (including the use of HafH Network pursuant to Article 10) via the Internet (including applications).
- “Intellectual property rights” means a copyright, a patent right, a utility model right, a design right, a trademark right and other Intellectual property rights (including a right to acquire these rights or a right to file an application for the registration of these rights).
Article 3 Application
- The Terms set forth the terms and conditions of use that applied in using the service.
- “Member Plan” and any rules about the use of the Service posted on our application or our website (hereinafter referred to as the “Rules”) shall constitute an integral part of the Terms.
- If there is any conflict between the Terms and the Rules or any other description of the Services not provided for herein, the Terms will prevail.
Article 4. (Registration of membership and HafH plan)
- Individuals aged 18 and over or corporations who wish to use the Services (hereinafter referred to as the "Registration Applicant") can apply for registration of use of the Services to us by agreeing to comply with the Terms and also by providing his or her name, credit card information, personal identification information (basically notifying of passport information) and other certain information determined by us (hereinafter referred to as "Registration Information") in a manner prescribed by us.
- Along with the application under the preceding paragraph, Registration Applicants shall select and register the plan that they like from the HafH Plans posted on our website, which we stipulate.
- Registration applicants who are minors need to obtain a comprehensive consent of the legal representative in advance to apply for registration and use of the Services.
- In accordance with our criterion, we shall determine whether to register a Registration Applicant who applies pursuant to paragraph 1 (hereinafter referred to as "Applicant for Registration"), and the member's account (hereinafter referred to as "Member Account") will be opened in our system to provide the Services (hereinafter referred to as "Our system") in a manner prescribed by us. The registration of the Applicant for Registration as a Member shall be completed by opening the Membership Account under this paragraph.
- Upon completion of the registration in the preceding paragraph, the usage contract for the Services shall become effective between the Member and us, allowing the Member to use the Services pursuant to the Terms. We shall provide the contents of the Usage Agreement in respect to the HafH Plan concluded between us and the Member in paragraph 2 above by one of the following means.
(1) Posting it on our application
(2) Sending it via email to the email address registered by the Member
- Registered HafH plan shall be automatically renewed on the 1st of every month unless the Member carries out the procedure for a change of HafH plan.
- We reserve the right to refuse the registration and re-registration of any Applicant for Registration without any obligation to disclose the reasons, in the event that:
(1) Any or all of the Registered Information provided by the Applicant of Registration to us is found to be false, inaccurate or omitted;
(2) The Applicant for Registration is an adult ward, or person under curatorship or assistance and has not obtained the consent from a guardian, curator or assistant;
(3) We determine that the Applicant for Registration is a member of Anti-Social Forces or the like (which means of crime syndicates, members of a crime syndicate, an individual whom 5 years has not passed since leaving a crime syndicate, an associate member of a crime syndicate, a company affiliated with a crime syndicate, a racketeer group, a group engaging in criminal activities under the pretext of conducting social campaigns or a crime group specialized in intellectual crimes, right wing groups, antisocial forces or other equivalent persons and the same hereinafter) or has some kind of contact or alleged involvement with anti-social forces or the like;
(4) The Applicant of Registration was determined to has been violation of any contracts with us, or to have involvement with a defaulting party of any such contracts;
(5) The Applicant for Registration has suffered the measures under Article 20; or
(6) In addition to the following, we judge that registration is not appropriate
- The Member cannot have multiple member accounts except as permitted by us. Also, Member cannot assign the Member Account to third parties or transfer in any other way.
Article 5 Change to Registration Information
The Member shall promptly notify us of any change to the Registration Information by our predetermined procedure.
Article 6 Management of the password and the Member ID
- The Member shall be responsible for keeping and maintaining its password and the Member ID for the Services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- The Member shall be liable for any damage or loss caused from inadequate management, misuse or use of the password and Member ID by a third party, and we shall not be held liable in any way.
Article 7 Our system
We shall be entitled to at our discretion to modify hardware, software and database for constituting our system and the screen of website and application or other displayed by our system.
Article 8 Prohibited Actions
The Member may not conduct any of the following acts or any acts that we determine falls under any of the following in using the Services:
- Act in violation of any laws and regulations or that is associated with the criminal activity;
- Act that defraud or threaten us, other users of the Services or other third parties;
- Act against public order and good morals;
- Act that infringes on the intellectual property rights, portrait rights, privacy rights, reputation or other rights or profits of us, other users of the Services or other third parties;
- Act to transmit to other users, through the Services, any of the following information or any transmissions that we determine includes under any of the following:
- excessively violent or cruel contents;
- computer viruses or other hazardous computer programs;
- content to damage the reputation or the credit of us, other users of the Services or other third parties;
- excessively obscene content;
- content to promote discrimination;
- content to promote a suicide and a self-mutilation;
- content to promote the inappropriate use of the drug;
- antisocial content;
- content for the propose of disbursing information, such as chain mails;
- content to give discomfort to other people;
- content for the propose of encountering unacquainted persons of the opposite sex;
- Act to impose an excessive load to the network or system of the Services;
- Act that might interfere with the administration of the Services;
- Act to access to our network or system illegally or to try the illegal access;
- Act to pretend to be a third party;
- Act to use the Member ID or the password of other Members of the Services;
- Act of exploitation, advertisement, invitation or marketing without our prior consent;
- Act to collect of information of other users of the Services;
- Act to cause disadvantages, damage or discomfort to other users of the Services or other third parties;
- Act that violate the rules about the Services use on our website;
- Act to provide anti-social forces or the like with profit;
- Act to encounter with unacquainted persons of the opposite sex;
- Act that, directly or indirectly, raises or facilitates acts mentioned above; Other acts that we deem to be inappropriate.
Article 9 Representations regarding anti-social forces
- The Member affirms that neither he/she, nor officers of the Member, are considered an Anti-Social Force, and the Member further represents and warrants that none of the following apply nor will apply in the future:
(1) To have such relationship with Anti-Social Forces that shows they control management
(2) To have such relationship with Anti-Social Forces that shows they are substantially involved in the management
(3) To have such relationship with Anti-Social Forces that shows reliance on them promoting his/her own interest or the interest of a third party or inflicting damage on a third party
(4) To cooperate with Anti-Social Forces by supporting them financially or providing conveniences for them
(5) To engage in socially condemnable relationship between the officer or any person who involved in the management of the member and Anti-Social Forces
- The Member, or through a third party, shall not perform the following acts.
(1) Violent act of demand
(2) Unreasonable claim beyond the scope of legal responsibility
(3) Threatening manner or violent behavior about the deal
(4) Damage to credit or obstruction of business by use of fraudulent means or force
(5) Other acts equivalent to those set forth in the preceding acts
- We shall discontinue the Services and revoke the membership without notice if we determine that Member has made a false declaration regarding the representation and warranty in Paragraph 1 or has violated the preceding acts.
Article 10 The use of HafH Network
- The Member can use HafH Network within the limit of a plan which he or she has selected pursuant to Article 4.
- The Member uses the HafH Network, on our behalf, based on the agreement between the Group and the external facilities.
Article 11 Reservation
- The Member needs to reserve the facility of HafH Network wishing to stay in advance.
- Information with respect to HafH Network facilities and ancillary services described on our website are based on information provided by HafH Network, and may change at the discretion of HafH Network.
- The Member shall provide us the particular information stipulated by us in the manner as shall be prescribed by us for reservation.
- The available days that the Member reserve at once is to the number of available days specified by the registered HafH plan.
- A reservation will be completed with notice saying that the facility wishing to stay has been reserved on the Member Account.
- In addition to making HafH Network stay reservations, a Member may also reserve travel products arranged, planned or developed by us or sold through us as an agent.
Article 12 Issuance of Travel Terms and Conditions via Internet
- Members acknowledge in advance that with respect to the reservations in the preceding Article, in lieu of the issuance of a written document explaining the conditions of the transaction as prescribed in Article 12 Paragraph 4 Item 2 of the Travel Agency Act and a written document containing the contract details as prescribed in Article 12 Paragraph 5 Item 1 of the same Act, pursuant to the provisions of Article 12 Paragraph 4 Item 3 and Article 12 Paragraph 5 Item 2 of the Act, we may provide the information to be written on such documents to Members through either of the methods below.
- Posting it on our application when the Member makes a reservation
- Sending it via email to the email address registered by the Member
- With respect to HafH Network stays, these Terms and the " Member Plan" shall be the document explaining the conditions of the transaction as prescribed in Article 12 Paragraph 4 Item 2 of the Travel Agency Act, and shall form a part of the contract document upon completion of the HafH Network stay reservation. Matters not described in these Terms and the " Member Plan" shall depend on the Travel Agents Contract ("ryokogyo yakkan") (Tour Contracts section).
Article 13 Change or cancellation of reservation
- The Member can cancel the HafH Network stay reservation by the day before arrival.
- In case of cancellation of the HafH Network stay on the arrival day or cancellation without notice, we deem the use as planned.
- When the member changes the HafH Network stay reservation, the member shall make a new reservation after canceling the reservation.
Article 14 Change or cancellation of reservation by us
(1) The Member makes double reservations on the same day or we consider that the Member reserves several rooms without rational reasons;
(2) The Member makes a reservation contrary to the content of registered HafH plan;
(3) The credit card payment is not made correctly by the due date; or
(4) The Member does not present the identification required by us.
Article 15 Change of HafH plan
- A HafH plan may, in principle, be changed on a monthly basis. Please refer to the "Member Plan" for details on how to change a HafH plan.
- When a Member would like to change the registered HafH plan, in principle, the Member should complete the change procedure though the Services by the end of the month before the month that wishing to change. Please refer to the "Member Plan" for details on how to change a HafH plan.
- The change procedure would be completed with the change of the Member statue displayed in the Member Account information.
- The monthly fee for a paid HafH plan shall in principle be settled on the first day of the month. Accordingly, if a Member registers for a paid HafH plan mid-month, the first month of registration (hereinafter referred to as the "First Paid Plan Registration Month"), shall not be charged. When changing a HafH plan selected in the First Paid Plan Registration Month the month following the starting month of the paid plan, a Member may not select a HafH plan with a lower monthly fee than the HafH plan of the First Paid Plan Registration Month.
- When the Member changes from a HafH plan with many available days to another HafH plan with less available days, before performing the procedures to change plans, he must reduce his number of reservations so that they are within the monthly number of available days under the plan after the change. Furthermore, HafH plans in order of available days are: “HafH Traveling (1m),” “HafH Coliving,” “HafH Traveling (10d),” “HafH Traveling (5d) and Trial HafH (2d).”
- When the Member changes from a HafH plan with less available days to another HafH plan with many available days, all reservations already made shall remain in effect.
Article 16 HafH Coin
- We might issue HafH Coin to the Member based on the use status of the service or the campaign as our marketing measures and so on.
- The use of HafH Coin shall be available only to the Member. We prohibit the Member from transferring, lending or collateralizing to a third party or disposing it.
- In the event that a Member is late in making usage fee payments, we may deduct or extinguish HafH Coins held by the Member.
Article 17 Fees and payment method
- “Subscription member” shall pay us the fees, which we stipulate and specified in our website (including monthly fee of HafH plan), in consideration of the Services. Provided, however, if we stipulate otherwise in the Member Plan, those terms shall apply.
- Payment shall be made only by credit card. The fees for the Services will not be refunded under any circumstances once it was paid.
- Monthly fee of HafH plan shall be charged monthly starting on the first date of the following month since the Member registration has been completed. Monthly fee for the Subscription member shall be automatically charged on the registered credit card until its process is stopped.
- If the Subscription member fails to pay on time, it shall be obligated to pay us a default penalty at the rate of 14.6% per annum.
Article 18 Suspension of the Services
- We shall be entitled to suspend or discontinue all or a part of the Services without any advance notice to the Member, in the event that;
- Computer system of the Services is urgently checked or maintained;
- Computer or communication line have been disrupted due to an accident;
- We become unable to provide the Services due to force majeure such as earthquake, thunder, fire, wind and rain, blackout and natural disaster; or
- We determine that suspension or discontinuance is required for other reason.
- We shall not be liable for any damages to the Members caused by any measures taken by us pursuant to this section.
Article 19 Ownership of Rights
- Any and all intellectual property rights relating to our web service and the Services are attributed to us or those licensed to us, and the permission of the Services pursuant to the Terms does not mean the availability of the intellectual property rights of us or those licensed to us.
- The Members shall express and warrant to us that he or she has the legal right in respect to the posted data or submitting of the data and that data does not infringe the rights of third parties.
- Regarding the posted data, the Member shall grant us a license in use for worldwide, non-exclusive, royalty-free, sublicensable and transferrable to use, reproduction, distribution, creation of derivative work, display and execution. In addition, the Member also grants other Member a non-exclusive license regarding posted or submitted data through the Services in use, reproduction, distribution, creation of derivative work, display and execution.
- The Member shall agree not to exercise the moral right against us or the party who has been succeeded or to the same from us or licensee thereof.
Article 20 Deregistration
- We may delete the posted data or temporarily suspend the Member’s use of the Services without notice or demand in advance, or we may delete the membership registration or cancel the service contract, in the event of any of the following:
(1) The Member violates any provision of the Terms and so on;
(2) The Member violates the Terms of the Use set forth by HafH Network facilities;
(3) Any of the Registered Information or other information provided to us is found to be false;
(4) The Member underwent suspended payment or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Member;
(5) Logged-in was not confirmed fixed times or more within the prescribed period we set;
(6) We receive no response for 30 days to the inquiry or request, which requires the Member to answer;
(7) The Member falls under any item of Article 4, Paragraph 7;
(8) The Member violates Act for Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters, or where the Member commits or intends to conduct such acts that lead us to violate the laws mentioned above;
(9) The Member violates laws or commits criminal acts;
(10) The Member entered a password incorrectly in a certain number of times that we judge but an attendant recovery procedure is not made;
(11) Instruments or checks are dishonored, or the Member is suspended payment or has become insolvent;
(12) The Member receives an application of seizure or provisional seizure, other forcible execution, forced auction or disposition of delinquency;
(13) The Member has been dissolved or the business is suspended; or
(14) In addition, if we determined the Member’s use of the Service, registration as a Member or continuation of the Services use contract is not appropriate.
- If the Member falls under any case set forth in each item of the preceding paragraph, the Member shall automatically lose benefit of term in connection with any liability against us, and the Member shall immediately pay to us such amounts in full.
- In the case where we temporarily suspend the Member’s use of the Services, we cancel the registration as Member, or we terminate the terms of service pursuant to Paragraph 1, the Member shall immediately leave the HafH Network which he or she has been staying. If the Member does not remove baggage and other personal items brought into HafH Network, we shall remove and dispose all these items, and the expenses which processing took us.
- We shall not be liable for any damages to the Members caused by the action we take pursuiant to this section.
Article 21 Withdrawal
- The Member can withdraw from the service and cancel the membership registration by notifying us in a method prescribed by us. Provided, however, if any of the following applies to a Member that wishes to withdraw, information pertaining to the withdrawing member may be stored for a prescribed period.
- The Member has unsettled obligations to the Company
- Any of the circumstances described in Article 20 applies to the Member
- Pursuant to the provisions of Paragraph 4 of Article 14, a Member may not withdraw during the First Paid Plan Registration Month and the following month. A Member may withdraw from two months afterwards.
- In the case of withdrawal, if the Member is indebted to us, he or she automatically loses the benefit of time for payment of a debt and shall immediately pay all debt.
- The treatment of user information after withdrawal is subject to the provisions of Article 25.
- In terms of the HafH Coin which the Member is supposed to receive at the time of the approval of the withdraw from membership, we shall treat them as invalid and not returned to the Member according to our judgment.
- We shall not be liable for any damages of the Member caused in taking the measures set forth in the preceding paragraph.
Article 22 Services Modification or Termination
- We shall be entitled to modify or terminate the Service in our own discretion. We shall notify to the Member in advance of intended termination of the Services.
- We shall not be liable for any damages of the Member caused, or in connection with, any actions taken by us pursuant to this Article 22.
Article 23 Disclaimer and Waiver of Warranties
- We shall not guarantee that the service conforms to the specific purpose of the Member, the service has the expected function, value, accuracy, and usability and the use of the Services by the Member conforms to laws or internal regulations of the industry groups that apply to the Member or does not cause any problems.
- Except for any damages caused though intention or negligence, we shall bear no responsibilities to compensate whatsoever for any damages the Member incurred regarding the Services (hereinafter referred to as the “Member’s Damages”), such as interruption, stop, termination, unavailability and modification of the Services provided by us, deleting or erasing of messages or information the Member sends to the Services, canceling member registration, erasing of registered data or breakdown or damages to the devices in the use of the Services.
- In the case where we take responsibility for some reason, we shall not be liable for any amount exceeding the consideration paid by the Member to us for immediately previous the 6 months. Under no circumstances shall the company be liable for incidental, indirect, special, future damages and lost profits.
- We shall bear no responsibilities whatsoever for any deals, connections and troubles between the Member and other Members or third parties in relation to the Services or our website.
Article 24 Confidentiality
The Member shall treat any disclosed non-public information that we ask the Member to treat as confidential excluding the case where we approve with a written consent as confidential information.
Article 25 Treatment of Member Information
- We may use and disclose any information and data provided by the Member as statistical information in form that cannot identify an individual, and the Member may not challenge or dispute such use.
Article 26 Amendments
- In accordance with the Term, we reserve the right to amend or change the Term at any time.
- When we amend or change the Terms, we shall publish the contents of the Terms after the change and its effective date in advance on our platform. After the arrival of the effective date, the contents of the new Terms shall become the Terms. After the Terms has been amended, the “date last modified” at the end of the Terms shall be updated.
- After the amendment to the Terms, if the Member uses the Services, or fails to take steps to withdrawal procedure within the period specified by us after the notice, the Member shall be deemed as agreeing to the amendment or the change of the Terms.
Article 27 Internet connection environment
- Connecting the Internet is necessary to use the Services. The Member shall prepare for all necessary things to use the Services, such as communication line, equipment and software, at its own expenses and responsibilities.
- We shall not be liable or participated regarding preparing, setting and operating of equipment from the preceding paragraph. Furthermore, we shall not take a responsibility for all such equipment are adaptable to the Services.
- The Member shall use the Services after understanding that he or she may pass through various networks and the contents of data and /or signal have the possibility to be changed due to connecting and/or passing though these networks depending on the network and type of equipment in the use of the Services.
- The input or withdrawal and other procedures regarding the Services on the Internet shall come into effect when the data of the procedure send to our server and the contents of the procedure are reflected on our system.
Article 28 Theft or loss of device
If the Member’s device to use for the Services such as smartphone is stolen or lost, if the account information of the Member is found to be defrauded or leaked or if the possibilities of unauthorized use of the Services are raised, the Member may immediately proceed the suspension procedure of the Services.
Article 29 Compensation for damage and late charge
- If the Member violates the Term, he or she shall bear complete responsibility including liability for damages to other Members or third parties by such violation. Furthermore, if we suffer any damage due to a violation which the Member is involved, parties shall compensate for such damages.
- If the Member does not pay the Services use fee stipulated in the Term or the debts owed to us by the due date, the Member shall pay the amount calculated by multiplying the late payment fee by 14.5% per annum as the late charge from the next day of the payment due date until the actual payment date.
Article 30 Notification
- We shall notify or make a contact to the Member regarding to the Services though placing it on our website or application, or in a manner that we deem appropriate. If we determine that it is necessary to notify or contact individually, we may make a contact to the Member using the Member’s Information such as email address, postal address or phone number by use of messaging function, email, mail service or call.
- We shall not be held liable in any way for any damages incurred due to non-arrival or delay of our notification or contact.
- If the Member needs to notify, contact or inquire to us, the contact form of the service shall be used, and a call or visit shall not be accepted. When we confirm a contact, we may perform the identification confirmation of the sender in a manner prescribed by us. Regarding the method of response to it, we shall use the manner that we deem appropriate and the Member shall not choose the method.
Article 31 Contractual status
- The contractual status or the rights and obligations under these Terms may not be assigned, transferred, collateralized, lent or otherwise disposed of by a Member to any third party, nor acquired or accepted through any other form of disposition from another member without our prior written consent.
- When we assigned the business concerning the Services to a third parties, we may assign the Members’ contractual status of the Term, the rights and obligations set forth in the Term and the information registered along with Member registration and other to the assignee, and the Members shall agree to such purported assignment in advance. The assignment stated in this paragraph shall include any cases such as company split and other transfer of the business other than the standard business transfer.
Article 32 Severability
If any provision of the Term or part thereof is held to invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions of the Term and the remaining parts of the prescriptions which are judged as invalid or unenforceable in whole or in part shall remain in full force and effect.
Article 33 Governing Law and court of jurisdiction
- The Term shall be governed by and constructed under and in accordance with the law of Japan.
- The Tokyo District Court or Tokyo Summary Court shall be the exclusive court of first instance with respect to all disputes concerning the Term and the Services.
Travel Agency Registration Number: Tokyo Governor Registration Number 2-7823
Company Name: KabuK Style Inc.
Address: Tokyo Sales Office
WAVE Shibuya 2F-B, 2-25-3 Higashi, Shibuya-ku, Tokyo 150-0011
Regular member, Japan Association of Travel Agents
Certified General Travel Services Manager: Sekiko Wada
(The aforementioned person shall provide explanations to customers with inquiries)
Established on March 1, 2019
Updated on March 19,2019
Updated on July 24, 2019
Updated on March 12, 2020
Last Updated on August 1, 2020