SEKAI PROPERTY Terms and Conditions of Use

The SEKAI PROPERTY Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") set forth the matters necessary for businesses (hereinafter referred to as "Partner Companies") that have entered into an agreement (hereinafter referred to as the "Agreement") with the Company based on the Terms and Conditions by applying for and agreeing to the Terms and Conditions regarding the use of customer attraction and sales representative services (defined in Article 3) provided by Beyond Borders, Inc.

Article 1. (Definitions)

The terms and definitions set forth in these Terms and Conditions are as follows.

1. The term "the Site" shall mean the website "SEKAI PROPERTY" (https://ja.sekaiproperty.com/) and its associated websites managed and operated by the Company.
2. “Customer" means a user of the Website who wishes to collect information for the purpose of purchasing an offered property and who has provided the Company with the necessary information.
3. “Customer Information" means Customer Information, including personal and contact information.
4. “Service" means the service provided by the Company to attract customers who are interested in the services or properties offered by Partner Companies, and to introduce customers to Partner Companies.
5. “Properties" means real estate owned by Partner Companies and posted on the Site.
6. The term "Offered Property Information, etc." refers to all information regarding Partner Companies and the Offered Properties, as well as any information that the Company deems necessary for the implementation of the Service.

Article 2.(Application and Formation of Contract)

1. Upon acceptance of the terms and conditions herein, Partner Companies shall apply for the Service by submitting an application form prescribed by the Company. Such application may not be withdrawn unless otherwise specifically approved by the Company.
2. Upon screening based on the Company's transaction assessment criteria and upon the Company's determination of eligibility, and upon notification via e-mail or other communication tools, the Agreement shall be formed between the Company and Partner Companies. The Company shall not be obligated to disclose such screening criteria or the reasons for ineligibility.
3. The contents of the statements regarding this Agreement in the important information provided in conjunction with the provisions of this Agreement, precautions presented on the website, and other regulations shall constitute a part of this Agreement.

Article 3.(Service)

1. The contents of this service shall be as follows
2. Attracting Customers: Posting information on offered properties, etc. on the Website, online and offline notification activities, etc.
3. Sales Agency: Making proposals to customers based on the property information, etc.

1. Partner Companies shall appoint at least one person to be in charge of this Service and shall report said person to the Company.
2. The Company may use, free of charge, the trade name, trademark or logo of Partner Companies, including information on properties provided, to the extent necessary for the provisions of this Service.
3. Partner Companies shall consent to the Company's conducting a questionnaire survey regarding Partner Companies' response to its clients.

Article 4.(Usage fee for this Service)

In principle, there shall be no charge for this service. However, if a contract is concluded through a sales agent as stipulated in Article 3.1 (2), a fee determined separately by the Company shall be charged.

Article 5.(Examination of Partner Companies)

1. Even after the start of use of the Service, the Company may request necessary information and materials from Partner Companies for the purpose of examining Partner Companies or confirming its compliance with these Terms and Conditions.
2. If Partner Companies fail to comply with our request for corrective measures, setting of an appropriate credit limit, or provision of advance payment, deposit, or security, etc. in response to the results of the examination described in the preceding paragraph, or if the Company determines that the use of the Service by Partner Companies violates any domestic or foreign law or this Agreement, the Company may suspend the Service or terminate this Agreement.

Article 6.(Obligations, Compliance, etc. of Partner Companies)

1. If Partner Companies wish to outsource all or part of the provision of services to a client introduced by the Company to a third party, Partner Companies shall obtain the prior consent of the Company. Even in such a case, Partner Companies shall assume the same obligations to the third party as those of Partner Companies under these Terms and Conditions, and shall jointly and severally compensate the Company for any damages incurred by the Company.
2. In the event that the Company handles disputes, etc. arising through Partner Companies or such third parties due to reasons beyond the Company's control, Partner Companies shall pay to the Company an amount equivalent to the expenses incurred by the Company.
3. Partner Companies shall agree to provide to third parties with whom the Company has a relationship for the purpose of providing the Service and related services to Partner Companies, the property information, etc. registered with the Company by Partner Companies in accordance with Article 7.

Article 7.(Posting of Property Information, etc.)

1. If Partner Companies wish to post information on a property on this site, it may apply in the manner designated by the Company. 
2. When posting property information, etc. on the Site, the Company shall review the content of such information. Partner Companies acknowledge that the screening process may take a certain amount of time, and agree in advance that it may not be possible to complete the screening by the date and time requested by Partner Companies.
3. If the Company deems that the property information, etc. submitted falls under any of the following categories, the Company may withhold the listing and request Partner Companies to revise the information. Upon receiving our request, Partner Companies shall promptly take the necessary action.
4. If the information is contrary to the posting standards of this site
5. If the Company deems the information to be contrary to the facts
6. If the Company deems the information to be inappropriate for any other reason.
7. If there is a change in the registered information on the property offered, etc., or if the Company confirms that there is an error, Partner Companies shall notify the Company of the change in the manner prescribed by the Company. Upon receipt of such notification, the Company shall conduct an examination as stipulated in Article 2.
8. Partner Companies shall guarantee that the Property Information, etc. provided does not infringe on the intellectual property rights of a third party or any other rights of a third party.
9. If any dispute arises with respect to the Property Information, etc. provided as to whether or not it infringes upon the intellectual property rights or other rights of a third party, Partner Companies shall handle such dispute at its own expense and responsibility.

Article 8.(Non-warranty of the Service)

Partner Companies agree that there is no warranty of completeness, certainty, fitness for a particular purpose, or usefulness with respect to the use of the Service.

Article 9.(Disclaimer)

1. Partner Companies agree in advance that the Company shall not be liable for any damages incurred by Partner Companies due to any of the following
2. Temporary suspension of this Service due to failure of the communication environment, etc.
3. Loss of opportunity due to system malfunctions related to the Service.
4. Loss of data in the server used to provide the Service.
5. Damage to Customer Information obtained through the Service, in whole or in part, in the event that such Customer Information is false.
6. Damage and liability arising from problems with customers obtained through the Service or with whom a business relationship has been established.
7. Inability to provide the Service or delay in providing the Service due to a natural disaster or other force majeure, etc.
8. Notwithstanding the provisions of the preceding paragraph, if the Company causes damages to Partner Companies in connection with the performance of our obligations under this Agreement, the Company shall compensate the Partner Companies for ordinary damages directly and actually incurred by the Partner Companies.

Article 10.(Handling of Customer Information)

1. Partner Companies shall treat Customer Information as personal information and information relating to personal privacy as defined in the Act on the Protection of Personal Information (hereinafter referred to as the "Personal Information Protection Law"), and shall comply with the Personal Information Protection Law, handle it with strict care and take measures to protect it, and when using Customer Information, shall manage it as a trade secret with the duty of care by an appropriate manager. 
2. Partner Companies shall use the Customer Information obtained through the Service and the Customer Information obtained from the customer through the Service only within the scope of the purpose of this Agreement. In case of use beyond this scope, Partner Companies shall again obtain the client's permission for use and shall record such permission.
3. If Partner Companies receive a request from a customer directly or through the Company to delete or destroy the relevant Customer Information, Partner Companies shall promptly delete the relevant Customer Information and discontinue its use.
4. In the event of a leakage, etc. of Customer Information by a Partner Companies, Partner Companies shall immediately report the fact and details to the Company, and shall strive to prevent further leakage, etc. in accordance with the Company's instructions. Even if Partner Companies become aware of a leakage of Customer Information through no fault of its own, it shall report the fact and details to the Company without delay.
5. The Company may conduct an audit of the status of the handling of Customer Information by Partner Companies (including the outsourced party to which Customer Information is entrusted, if any). If, as a result of such an audit, the Company determines that Partner Companies's handling of Customer Information is inappropriate, Partner Companies shall promptly correct the situation in accordance with our instructions.

Article 11.(Term of validity)

1. The term of validity of this Agreement shall be until the last day of the month one year after the date of execution of this Agreement.
2. Unless the Company or Partner Companies notifies the other party of an intention not to extend the term of the contract on this site or in writing (including electromagnetic methods.  The same shall apply hereinafter) at least one month prior to the expiration date, the contract term shall be extended for another one year from the termination date under the same terms and conditions, and the same shall apply thereafter.
3. Notwithstanding the preceding paragraph, in the event that the Company terminates the provision of the Service, the Company may terminate this Agreement by giving at least 30 days' prior notice in writing to the Partner or by posting on the Site or by any other method deemed appropriate by the Company.
4. Regardless of whether the termination is due to expiration of the term of validity, termination before the expiration of the contract, or termination of the contract, even after the termination of this contract, the Company shall remain subject to the provisions of Article 10 (Handling of Customer Information), this Article, Article 12 (Termination, etc.), Article 13 (Confidentiality and Non-Competition), Article 14 (Compensation for Damages), Article 15 (Prohibition of Transfer of Rights), Article 19 (Severability of Contract), Article 20 (Governing Law and Court of Jurisdiction) and the provisions of this paragraph shall remain in effect.

Article 12.(Termination of Agreement, etc.)

1. The Company may terminate this Agreement without notice by written notice to Partner Companies if any of the following events occur, or if it can be reasonably determined that any of the following events has occurred.
2.  When the Company delays the payment of money stipulated in this Agreement and fails to pay it within 7 days after a demand is made.
3. When there has been a serious breach or breach of trust with respect to this Agreement.
4. The breach of any obligation under these Terms and Conditions, except as provided in the preceding items, is not corrected within 7 days after a demand is made.
5. When there is a suspension of payment or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or the like is filed.
6. When a bill or check is dishonored.
7. When a decision to dissolve is made or an order to dissolve is issued.
8. When there is a petition for seizure, provisional seizure, provisional disposition, or auction, or when the Company receives a disposition for tax delinquency.
9. When an act that unreasonably damages the reputation or credibility of the Company or a third party is recognized.
10. When an act that offends laws and ordinances or public order and morals is recognized.
11. When any other serious reason arises that makes it difficult to continue the contract.
12. In the event that Partner Companies fall under any of the items of the preceding paragraph, all obligations to the Company shall become due and payable immediately.
13. If the Company deems that Partner Companies have defaulted or violated any of its obligations stipulated in this Agreement, the Company may suspend the provisions of all or part of the Service until such default or violation is resolved.
14. In the event that the Company and Partner Companies have entered into another contract other than this Agreement, if the Company terminates such other contract due to the breach of contract by Partner Companies or other reasons attributable to Partner Companies, the Company may also terminate this Agreement together with this Agreement in accordance with the provisions of this Article.

Article 13.(Confidentiality)

1. Partner Companies shall not disclose or divulge to any third party, or use for any purpose other than the execution of this Agreement, any business, technical, or any other business information disclosed to or obtained from the Company in connection with this Agreement (hereinafter referred to as "Confidential Information") without the prior written consent of the Company. However, the Partner may disclose Confidential Information to attorneys, tax accountants, and other persons who are legally obligated to maintain confidentiality, to the minimum extent necessary, provided that such persons are subject to the same obligations as set forth in this Article.
2. Notwithstanding the provisions of the preceding paragraph, information falling under any of the following items shall not be included in confidential information.
3. Information that was already in the public domain at the time it was disclosed by the Company
4. Information that became public knowledge through no fault of Partner Companies after being disclosed by the Company
5. Information that was already in the possession of Partner Companies at the time of disclosure by the Company
6. Information legally obtained by Partner Companies from a third party with legitimate authority without any obligation of confidentiality
7. Information that has been independently developed after disclosure by the Company, not based on the disclosed information
8. Notwithstanding Paragraph 1, if Partner Companies are required to disclose confidential information by law, financial instruments exchange rules, or an order of an administrative agency or court, Partner Companies may disclose such information after notifying the Company thereof in advance or, if difficult, after the fact.
9. The provisions of this Article shall survive for three (3) years after the termination of this Agreement.

Article 14.(Compensation for Damages)

1. If Partner Companies cause any damage to the Company in connection with the performance of its obligations under this Agreement, Partner Companies shall compensate the Company for any and all damages incurred by the Company.
2. If Partner Companies delay the payment of any monetary obligation under this Agreement, Partner Companies shall pay to the Company a late payment penalty at the rate of 14.6% per annum from the due date until the full payment is made.

Article 15.(Prohibition of Assignment of Rights and Obligations)

Partner Companies may not assign its rights or obligations arising from this Agreement to any third party without the Company's prior written consent, nor may these rights and obligations be pledged as collateral.

Article 16.(Notification)

In the event that the Company deems it necessary to notify Partner Companies in accordance with the provisions of Terms and Conditions or in any other case, the Company shall notify Partner Companies by email, mail, telephone, fax, posting on the website managed and operated by the Company, or any other appropriate method, except as otherwise provided in Terms and Conditions. In this case, in the case of a written notice, e-mail, or fax, the notice shall be deemed to have reached Partner Companies at the time of transmission by the Company, and in the case of a notice posted on a website, the notice shall be deemed to have reached Partner Companies at the time of posting on the website.

Article 17.(Exclusion of Anti-Social Forces)

1. The Company and Partner Companies shall exclude antisocial forces (meaning organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups after a lapse of 5 years, quasi-constituents of organized crime groups, company affiliated with organized crime groups, company affiliated with general assembly company, socially motivated groups, or special intelligence groups, and other similar persons; the same applies below). (The same shall apply hereinafter.) 
2. Antisocial forces have a controlling influence on management.
3. Antisocial forces are substantially involved in the management of the company.
4. Unjustly using Anti-Social Forces for the purpose of making unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.
5. Being involved in providing funds, etc. or benefits to antisocial forces.
6. Having a socially reprehensible relationship with antisocial forces through other officers, etc. or persons substantially involved in the management of the company.
7. The Company and Partner Companies shall not use themselves or third parties to engage in any of the following acts.
8. Violent demanding acts.
9. Unreasonable demands beyond legal responsibility.
10. Acts of threatening words or deeds or using violence in connection with transactions.
11. Acts of spreading rumors, using deception or force to undermine the other party's credibility or obstruct the other party's business.
12. Any other acts equivalent to the preceding items.
13. If the Company or Partner Companies deem it necessary to conduct an investigation to determine whether or not a person is an antisocial force, the Company may request the other party to cooperate in the investigation. The counterparty shall submit the necessary materials.
14. If the other party violates the provisions of this Article, regardless of whether or not there are reasons attributable to itself, the Company and Partner Companies may terminate all contracts concluded between the Company and Partner Companies without requiring any notice or other procedures. In such a case, the party who cancels the contract shall not be required to compensate or indemnify the other party for any damages incurred by the other party. If the party who cancels the contract incurs any damage, the other party shall compensate the other party for such damage.

Article 18.(Modification of these General Terms and Conditions)

1. In the event of any modification of Terms and Conditions, the Company will notify Partner Companies in accordance with Article 16 (Notification). Unless Partner Companies express an objection in writing to us within 7 days after such notification, Partner Companies shall be deemed to have agreed to the amended Terms and Conditions.
2. Notwithstanding the preceding paragraph, the Company may change Terms and Conditions without prior notice for minor changes that are unlikely to cause serious disadvantage or direct damage to Partner Companies.

Article 19.(Severability of the Agreement)

If any provisions of this Agreement, or any part thereof, shall be held invalid or unenforceable, the validity, legality and enforceability of the other provisions of this Agreement shall in no way be impaired and shall continue in full force and effect.

Article 20.(Governing Law and Court of Jurisdiction)

The Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of Japan. In the event of litigation concerning the Terms and Conditions or this Agreement, the Tokyo District Court or the Tokyo Summary Court shall be the court of exclusive jurisdiction of the first instance.

End of the document

Date of Revision: 2024 / 08 / 02