Chapter 1: Our Services and Roles
This service is an online platform of search and contract for monthly rental apartments of KaguAruoo (hereinafter referred to as “we”. This is for providing a place or an opportunity to search monthly apartments between users, make a contract for a rent and pay rent, and a user or the party shall take any responsibilities for guaranteeing a rental agreement and payment between users, and we shall not make a rental contract and engage in brokerage business for monthly apartments nor receive a commission. As for dealings such as cancellation, disengagement, termination of a rental contract, payment for a rent, refund and guarantee, the parties shall take responsibilities and we shall not bear any responsibilities for them. The Terms of Service is applicable to all users who use this service, and they shall use the service in agreement with the Terms of Service.
Chapter 2: Contract Commission Fees and Processing Fee
- We may charge a user fee (hereinafter referred to as “Contract Commission Fee”) in exchange for usage of KaguAruoo platform. Contract Commission Fee for a tenant is 7.5%~12.5% (excluding tax) of amount paid such as Rent Total, and Contract Commission Fee for a landlord is 3.5%~7.5% (excluding tax) of amount received such as Rent Total. We may publish the listings on our tie-up platforms in order to attain more tenants. In that case, the user fee might be altered. The Rent Total includes:
- We may charge a user fee (hereinafter referred to as “Processing Fee”) when a user processes Additional Payment. Processing Fee for a tenant is 7.5%~12.5% (excluding tax) of Additional Payment, and Processing Fee for a landlord is 3.5%~7.5% (excluding tax) of Additional Payment. "Additional Payment" is any additional payment a user processes on top of the Rent Total.
- The applicable Contract Commission Fee shall be displayed to a user before a property is posted or a contract is made. We shall reserve a right to change Contract Commission Fees at any given time and notify the change of the fees to a member appropriately before the change is valid.
- A user shall bear the responsibility for paying Contract Commission Fee to us.
- Under no circumstances shall the "Contract Commission Fee" be refunded.
Chapter 3: Charge, Deposit Date, Rent and ID Verification
- As a tenant, you are required to register and store a credit card as a payment method until at least two months after your last move out date. As a landlord you are required to register a bank account as a payout method and a credit card in case a landlord needs to make a payment including refund to a tenant.
- Payment will be charged from tenant’s credit card 90 days before the move-in date. Payment will not be charged until 90 days before move-in date if the tenant signed the contract more than 90 days before the move-in date.
- The transfer process of rent total minus Contract Commission Fees to the bank account of the landlord will be completed 1 business day after the tenant moves in. However, if the tenant signs the contract within 7 days before move-in date, the transfer process will be completed within 10 business days after the move-in date.
- In the case where we can not withdraw the rent from the tenant's credit card despite the fact that the tenant has agreed to the contract, we can cancel the contract. We shall not take any responsibility for loss of the rent or any opportunity costs associated with such cancellation.
- We charge the rent including other daily fees, based upon the number of days a tenant stays, while it charges the rent based upon the number of nights if a tenant is sent from other platforms in partnership with KaguAruoo.
- In the case where a tenant splits payment by splitting contract and the rent for the next contract is not yet paid while the move-in date is drawing near, we may process the next payment for the tenant.
- If a tenant overstays beyond move-out date, the tenant becomes liable for the rent covering the period of overstay. In such case, we have the ability to charge the tenant for the rent on behalf of his/her landlord upon receipt of proof of such overstay by the tenant. Such rent will be determined based upon the rent by the last contract between the landlord and tenant.
- If a landlord does not provide his/her tenant with the listing in accordance with the contract issued by him/her to the tenant, or if a landlord does not provide his/her tenant with the move-in procedure or a house guide 24 hours before the move-in date, we, KaguAruoo or the tenant has an ability to make or request a full/partial refund of the rent total from the landlord. Such situations will include a request of cancellation of the contract by the landlord. In such occasions, the landlord may be requested to bear the additional cost involved in relocating the tenant in excess of the amount refunded, for which we shall not be responsible by all means. In this refunding, the landlord becomes liable for the refunding of the contract commission fee that the tenant has paid.
- A user is required to present valid forms of identification specified in ID verification page. Without ID verification completed, features will be restricted in user's account.
- If a cancellation is requested by a tenant or a landlord within 14 days prior to the move in date (the first move in date in case of split contracts) due to natural disasters, pandemics and inevitable/unavoidable forces beyond human control resulting in inability of the execution of the agreed contract, such cancellation will become effective immediately. In such circumstances, the landlord becomes liable for the full refund of the total rent, additional payments, and any other form of payments that have been processed by the tenant with KaguAruoo. The full refund will be deducted by Stripe Processing Fee (Chapter 14).
- The clause 10 above will not apply to all contracts signed by users after April 6th, 2020 in case of inevitable/unavoidable forces due to COVID-19, given that users by now, April 4th, 2020 are aware of the risk of further COVID-19 spread – and, as such, the risk they are taking when signing the contract. Inevitable/unavoidable forces are travel restrictions enforced by governments.
Chapter 4: Copyrights
- A user shall not use any contents provided through the website beyond the scope of the user’s private use which is specified in the Copyright Act without our prior consent.
- In case of a dispute with violation of the provision in this chapter, a user shall settle the case at its own responsibility and cost, without causing any damage to us and any third party.
Chapter 5: A User’s Prohibited Acts
- A user may not conduct the following acts on the use of this website.
- An act to use services provided on our website for illegal purposes
- An act to infringe on a user’s or any third party’s copyrights, portrait rights and other intellectual property rights
- An act to discriminate, defame, threaten, or infringe on privacy and human rights of, other users and any third party
- Political, election and religious activities
- An act to damage our reputation and credibility, and undermine our trust
- An act to hamper the operation of the website
- An act to use the website for commercial use (except in case we allow to do it.)
- Other acts against, or likely to against laws, regulations and public order or morality
- An act to describe your listings in the context of a hotel or minpaku.
- An act to communicate regarding the inquires originated from KaguAruoo outside KaguAruoo platform before contact agreement between tenant and landlord, and act to bypass KaguAruoo payment system or KaguAruoo payments' providers regardless of new, renewed or extended contract.
- An act to exchange contact information prior to contract agreement between tenant and landlord. Contact information includes e-mail address, phone number, URL, SNS.
- An act to violate the law of Japan
- Other acts which we judge as improper and inappropriate
- An act to promote their own brand, service and/or company on their listing and profile page including photographs and images.
- In case damage arises to us or any third party due to any of acts listed in the previous Section, the user shall take all legal responsibilities and never cause damages to us or any third parties.
- In case we reasonably judge that a user has conducted any act which is listed in the Section 1 and 2 above, we may suspend the use of this website without prior notice.
Chapter 6: Prohibition of Relationship with Anti-Social Forces
- We and users declare that we shall not be applicable to be those who are a crime syndicate and its member or quit from them less than five (5) years ago, or an associate member of an crime syndicate, a crime syndicate related company, a corporate racketeer, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, or a person equivalent to the above (hereinafter referred to as “crime syndicate members”) and also shall not be applicable to any of the following items now and in the future.
- To have a relationship in which crime syndicate members control the management
- To have a relationship in which crime syndicate members are considered to be involved in management in effect
- To have a relationship in which crime syndicate members are used illegally for the purpose of gaining benefit of their own, their companies or any third party or causing damage to any third party
- To have a relationship in which we provide monetary resources and extend facilities to crime syndicate members
- A director or those who are substantially involved with management have a socially accusable relationship with crime syndicate members
- We and users declare that we shall not conduct any of the following items by ourselves or using any third parties.
- A violent demanding act
- An illicit demanding act beyond a legal responsibility
- A threatening word and act or a violent act regarding transaction
- Spread or rumor, damage of other party’s credit by fraudulent means or authority
- Other acts equivalent to the items above
- In case other parties turn out to be applicable to crime syndicate members or any item of the Section 2 above contrary to the presentation in the previous section 2, we or users may terminate any contract based on the Terms of Service without any demand, and the other parties shall not make any objections against it. In this case, a party against the presentation shall lose benefit of time and immediately perform obligations to the other party.
Chapter 7: Review Contribution and Browsing
- In case information contribution by a user or browsing service (hereinafter posted information is referred to as a “review”) is operated, the rights such as a review’s copyright (including chapters 27 and 28 of the Copyright Act) belong to us, and a user shall consent not to make objections without using moral rights of author. A user who has contributed a review agrees that we may post it on a bulletin board after changing or deleting some or all parts of the review, or may not post it, and authorizes to duplicate, alter, post, publicly transmission and reprint the review.
- A user may not contribute reviews including the following contents. If a user violates it, we may change or delete some or all of the reviews or suspend to post reviews on our website.
- Content way beyond the purposes of the information contribution service which is the subject of a review
- Content which isn’t based on the user’s own experience
- Content of commercial purposes
- Content different from a fact or a false content
- Contribution with intentionally having the same content
- Content which we judge as a dispute between a user and a business operator
- Content which infringes on copyrights, trademark rights, privacy rights and rights for honor and others
- Content including personal information
- Content which includes commercial affairs such as product description, soliciting by a pyramid scheme
- Content which includes improper expressions such as defamation and discriminatory expressions
- Content which includes obscene and lecherous expressions
- Content which seems to be an ad on information which is arisen only on a special condition
- Content which seems to intimidate and threaten others
- Content which solicits or encourages violence and cruelty
- Content which solicits illicit profits to a posted shop and a third party, and damage the trust
- Content against laws and regulations, and public order and morality
- Non-sense or grotesque content
- Content which we judge as absolute and affirmative expressions such as “shouldn’t use”, “should absolutely stop” “the worst” and “couldn’t be worse”
- Other contents which we judge as improper to post on the bulletin board
- In case any troubles arise with us or a third party due to a review contributed by a user, such user shall try to solve such troubles at its own responsibility and shall not cause any trouble to us.
- We shall not take responsibilities for any damages caused by a user’s contributing a review unless there has been intention or negligence.
- In case a user browses a review, the content of the contribution is posted at the risk of the user who contributed the review, and we shall not guarantee the authenticity, legality, adequacy, efficacy and others of the contributed contents. Also, we shall not guarantee absence of false information, unpleasant remarks, and rude messages in a review.
Chapter 8: Listing Promotion
We may list your listing(s) on other platform(s) to promote your listing(s) without any further notice.
Chapter 9: Implementation of Changes in User’s Account
We own the right to create changes in your account on your behalf with a legitimate reason related to the site’s operation.
Chapter 10: Temporary Suspension of the Website
- We may temporarily suspend the operation of the website and each service provided on the website without prior notice to a user in case applicable to the following Sections.
- In case we perform maintenance or change specification of the website
- In case we cannot operate the website and each service because a catastrophe and other emergency arise or are likely to arise
- In case we judge that the website or services need to be temporarily suspended due to unavoidable circumstances
- In case damage is caused to us or a third party due to acts listed in the previous Section above, a user shall take all legal responsibilities and shall not cause any damages to us and a third party.
- In case we reasonably judge that a user conducts any act which is listed in the previous Section 2, we may suspend the use of the website without prior notice.
Chapter 11: Disclaimer
- We shall not assume obligation for conducting research of trade conditions of a business operator.
- We shall not guarantee accuracy, integrity and efficacy on information which is provided for posting on our website by a business operator. If a trouble is caused to a user on such information, we shall not take any responsibilities except for the case attributable to us.
- We shall not take any responsibilities for suspension due to natural disasters, line congestion, a device’s failure, loss, delay, wrong sending of information due to termination of a business operator’s participation to the website, and falsification or leak of information by a third party except for the case attributable to us. This is also applicable to accidents of software and hardware due to the use of the website, and other damages.
- We shall not take any responsibilities for any disputes between a user and a third party due to the previous Sections or the use of the website except for the case attributable to us.
- We shall not take any responsibilities for damages related to a property of a weekly/monthly rental apartment.
- We shall not take any responsibilities for damages due to the Article 1, Chapter 7.
- We shall not take any responsibilities for violating the local regulations or the condominium management bylaws.
- We shall not take any responsibility or damage caused by delinquency or nonpayment of the rent by the tenant. The same applies if the tenant's credit card expiration date has passed, the credit is insufficient, and any other problems associated with the tenant's credit card are present.
- We shall not take any responsibility or damage for any disputes between tenant and landlord.
- We shall not take any responsibility or damage caused by any credit card chargeback by a tenant or a landlord. If a credit card chargeback for the rent, additional payments, refunds, and/or any other forms of payments occurs as result of any disputes, the user who was disputed against will become liable for the amount charged back.
Chapter 12: Change of the Terms of the Service
- We may change (which hereinafter includes add and delete) the Terms of the Service and other cautions without prior notice to a user.
- The changed Terms of the Service and other cautions are deemed to be consented by a user after a user posts it on the bulletin board of the website, and access to and use the website.
Chapter 14: Payment Processing Services for a Landlord
Payment processing services for landlords on KaguAruoo are provided by Stripe and are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a landlord on KaguAruoo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of KaguAruoo enabling payment processing services through Stripe, you agree to provide KaguAruoo accurate and complete information about you and your business, and you authorize KaguAruoo to share it and transaction information related to your use of the payment processing services provided by Stripe.
Chapter 15: User Support
User support will be provided either in Japanese or in English via email.
Chapter 16: Governing Law and Jurisdiction
The Terms of Service is governed by the laws of Japan, and Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction in the first instance to adjudicate any dispute relating to this Agreement.
Chapter 17: Languages of Terms of Service
The original form of Terms of Service is in Japanese and is translated into other languages. The Terms of Service in Japanese will prevail over other Terms of Service in other languages.