AGENT TERMS AND CONDITIONS AGREEMENT
For the purposes of this Terms and Conditions Agreement (hereinafter “Agreement”), “TOKI” refers to the cultural services and travel experience information website (www.toki.tokyo) and all related services, content and features related to the aforementioned website including, but not limited to, all email subscription and delivery services; miscellaneous digital correspondence; information about cultural experiences; marketing content including, blog posts; information related to suppliers of cultural experiences or products (hereinafter “Supplier”); and planning, arrangement, booking and sales transactions pertaining to travel and events (hereinafter “Service”) provided by TOKI, Inc. (hereinafter "Company").
For the purposes of this agreement, “TOKI Travel” (TOKI Travel) refers to the planning, arrangement, booking, management and related sales transactions pertaining to TOKI Travel services provided by the Company.
For the purpose of this agreement, “TOKI Events” (TOKI Events) refers to [O] provided by the Company.
The intermediary agent (hereinafter “Agent”) refers to any individual, corporation, or organization or related entity that, upon approval of this Agreement, mediates provision of the Service to the end consumer (hereinafter “Customer”) via procedures prescribed by the Company or who has been approved by the Company to mediate provision of the Service to the Customer.
A TOKI Experience (hereinafter “Experience”) refers to any cultural experience, travel, or event organized by the Company for the Customer.
The purpose of this Agreement is to establish fair trade based on trust between the Company and the Agent and aims to promote the mutual benefit and business.
3. Cancellation fees
If cancellations corresponding to the circumstances below occur, the Agent will pay a cancellation fee based on the given rates below.
If notice of cancellation is received by the Company 15 to 30 days prior to the starting date of the experience/service, 30% of the experience/service fare will be charged.
If notice of cancellation is received by the Company 8 to 14 days prior to the starting date of the experience/service, 50% of the experience/service fare will be charged.
If notice of cancellation is received by the Company 7 days or less prior to the starting date of the tour, 100% of the experience/service fare will be charged.
*The date of cancellation is deemed to be the date and time (in JST, Japan Standard Time) upon which the Company receives a written confirmation from the Agent in response to the cancellation notice sent from the Company to the Agent.
4. Prohibition on direct transactions between the Agent and the Supplier
Direct transactions between the Agent and the Supplier the act of soliciting direct transactions, or responding to solicitation are prohibited. But see Section 4(2).
Section 4(1) will apply to all situations where there are subsequent repeat transactions between the Agent and the Supplier, to whom the Agent was initially introduced in a transaction through the Service.
5. Penalty and compensation for damages
If any damages are incurred by the Company or a third party due to unauthorized or illegal activities conducted by the Agent unrelated to Section 3 and Section 4, the Agent is responsible for any costs related to the damages (including legal fees, communication fees for apologies to affected parties).
If the Agent violates the terms of Section 4 and attempts to engage in a direct transaction with (or solicits or responds to a solicitation of direct transactions), in addition to the compensation for damages stipulated in Section 5(1), the Agent will pay a penalty fee of 10 million JPY.
6. Confidentiality of information
All parties agree to keep confidential all information related to the businesses of other parties obtained through transactions based on the Agreement and shall not share the content of the Agreement with third parties without the consent of the other parties.
7. Handling of Customer Information
The Agent agrees to the following uses of customer information by the Company:
The Company, upon processing customer data so that individuals cannot be identified, may publish the anonymized data in various mediums. The Company pledges to do its best to protect the privacy of the Customer.
The Company may conduct customer surveys and collect feedback directly from the Customer if the customer actively desires participation without permission from the Agent.
The Company reserves copyright on the opinions and information posted or emailed by the Customer within the Service and, upon processing the data so that individuals cannot be identified, may publish them in various mediums. In addition, with the consent of the Customer, the Company may publish the opinions and information without anonymization without permission from the Agent.