Welcome to our web site. These Terms of Service (hereinafter called “TOS”) set forth the terms and conditions for providing our services, rights and obligations between the users and us. By using our website, you agree to be bound by these TOS.
Article 1. Definitions
Unless expressly stated otherwise, the following terms shall have the meanings specified below.
- “Company” means Hare no hi Co., Ltd.
- “Services” means any and all the services provided through this website by the Company.
- “Client” means any person or entity that has applied for the Services, and such application has been accepted by the Company.
- “Intellectual Property Rights” means all propriety rights including but not limited to industrial property rights such as patents, trademarks, and copyrights (including Article 27 and 28 of Copyright Law), and other intellectual property rights.
- “Confidential Information” means any and all non-public information disclosed by and between the Company and the Client, personal information, client information, technical or business information (including but not limited to price, information collection methods).
Article 2. Compliance
Users and Clients agree to comply with applicable laws and regulations as well as these TOS, when using our website. The Services or use of this website may be terminated for any violation thereof.
Article 3. Description of Services
- Name Origin Report
Report regarding Client’s name. It is for the Client who only knows alphabetical spelling of own surname and wishes to find out possible Kanji (Chinese Characters) used. This report shows: Kanji generally used for Clint’s surname and their meanings; population ranking and information of the cities/villages inside Japan where people with the same surname reside; history of surname and public figures/celebrities with the same surname., Price of this Service is shown on this website.
- Trip to your Roots
Search of Client’s Roots, trip planning, and search of the Client’s relatives.
Tier 1: specify the birthplace of the first-generation from the visa and other available information.
Tier 2: search for any relatives when the birthplace of the first generation has been specified.
Tier 3: planning a trip to the Client’s birthplace.
Tier 4: accompanying the Client for the trip. Trip may be recorded for an additional charge.
A price quotation for each and every Tier will be provided by email in accordance with the Client’s request.
- Family Tree Creation
Family Tree may be created for the Client who has Japanese family registration (Koseki). This Service cannot be provided in general for non-Japanese as there is no Japanese family registration.
Ancestry Search: This Service is for the Client’s whose ancestry is discovered. Seach for the ancestors going back approximately 400 to 1000 years. Ancestry Search may be conducted for non-Japanese without family registration, provided that the Client: has an old family registration obtained in the past; has relatives who are willing to cooperate; or has documents (including but not limited to a birth certificate and affidavit.) to prove the relationship with the ancestor. General literature search service can be provided without a family registration. A price quotation for each and every Tier will be provided by email in accordance with the Client’s request.
- Old Photograph Analysis
Old photograph remained in the family can be analyzed to examine, under expert guidance, the identity of person(s) in said photograph, when (which era), and where it was taken. A price quotation for each Tier will be provided by email in accordance with the Client’s request.
Article 4. Application of TOS
- These TOS apply commonly to the Clients.
- The Company’s Services may not be provided if the Client does not agree to these TOS.
- Whether the Client is an individual or legal entity, it is deemed that the Client has agreed to these TOS, when applying to register for the Services.
- These TOS may be revised from time to time and such revisions shall be notified to you by posting on this website or other means. The Client is deemed to have agreed to such changes upon using the Services after such changes. The Client is advised to read the newest TOS when using the Services, as the newest TOS shall be applied.
Article 5. Application Procedure for the Services
- To begin using the Services, the Client shall fill out the Services Purchase application form on the website in accordance with the method specified therein.
- The Application Procedure shall be completed by notifying the specific information including but not limited to name, trade name, and email address in accordance with the method specified therein.
- The Application is deemed to have been accepted, when the Company sends an email notifying that the Application Procedure has been completed after confirming said Application meets the registration requirements.
- The Client shall promptly notify the Company any and all the changes in the registered information in accordance with the method specified therein. The Company shall not be liable for any disadvantages incurred by the Client due to the Client’s failure to notify said changes.
- The Company has the right not to accept Application, if any of the following applies:
- Application does not meet the registration requirements.
- Applicant is a minor without consent from his/her legal representative.
- Applicant is an adult ward, person under curatorship, or person under assistance without appropriate consent from his/her guardian, curator, or assistant.
- False information or misrepresentation submitted in the Application.
- The Company determines that the Applicant is Anti-Social Forces (an organized crime group, a member of an organized crime group, any other person or entity similar to or affiliated with the aforementioned.) or person who has some association with or involved with Anti-Social Forces.
- Applicant who has violated these TOS when using the Services before or Applicant is associated with the aforementioned.
- Any other causes that the Company determines it inappropriate to accept the Application.
- The Company is not obligated to disclose the causes for its unacceptance to the Applicant or Client.
Article 6 Lost Contact
- The Company offers the Services by communicating through emails. The Client shall promptly notify the Company any contact information changes.
- The Client’s family or trusted person shall notify the Company, should unforeseen events including but not limited to illness, accident, hospitalization, or death of the Client occur after placing an order for the Services. Delivery of the Services or delivery place thereof shall be decided upon deliberation with the notifier.
- Data shall be stored for five (5) years in the event of no notification.
Article 7 Prohibited Acts
- When the Client uses the Services, the following Acts are prohibited.
- Use other than the original intent: Name Origin Report is produced only for personal or family viewing/reading (“Private Use”) (Copyright Law Article 30). Any use beyond the scope of Private Use is prohibited.
- Public release: Any use beyond the scope of Private Use, including, but not limited, commercial use, release on internet or other means is prohibited.
- It is prohibited to use the Services as a document or drawing to prove facts. It is also prohibited to use it for the purpose of disguising the facts or other matters disadvantageous to the Client him/herself.
- This Services is for general public and the Company prohibits any use by the same or similar trade thereto. In the event that such use by the same or similar trade is discovered, the Company shall claim damages against such use.
- Acts that violate or may violate these TOS.
- Direct transactions with a collaborating/partner companies without going through the Company.
- Acts that infringe or help infringe the rights of a third party (including but not limited to copyrights, trademarks, personal rights to honor, privacy or portrait).
- Acts that the Company determines to impede the Services or server.
- Religious activities or solicitation to a religious group.
- Acts that violate public order and morality.
- Any association or involvement with Anti-Social Forces.
- Sales, marketing, advertising, solicitation, any other commercial activities, or other acts that this website or the Services is not intended for, except those activities that the Company gave its consent to.
- Other acts that the Company determines inappropriate.
- Violating the rules, guidelines and other instructions given by Kaju Co.,Ltd, the Company’s partner company for Trip to your Roots, Family Tree Creation, Ancestry Search, Old Photograph Analysis.
- If the Client acted in a way that violates the foregoing section, or if the Company determines that the Client acted in such way, the Company has the right to suspend the provision of the Services or cancel the registration and delete the relevant data in the Company’s server. The Company shall not be liable for any damages resulting from such measures.
Article 8. Delivery Date
Estimated Delivery Date written or communicated is just for your reference and actual delivery date may be delayed. In case of any delay, the Company shall notify the Client by email or phone. Any inquiry regarding the delivery date shall be answered each time.
Article 9. Features of the Services
- Latest information and data
There are a few theories regarding historical facts. The most dominant theory is stated in the Report. New historical facts can be found daily. The Company creates the Report in accordance with the dominant theory at the time of our acceptance of the Client’s order.
- New theory
We strive to provide the accurate information; however, a new theory may emerge any time. No correction of the Services is provided, if a new theory emerges after the delivery of the Services.
- Correction or Modification
The Delivered Report is in its final form. No correction or modification is offered after the Delivery except minor mistakes such as mis-spelling or typographical errors.
Article 10. Payment
The Client agrees to pay the Company the specified price for the Services in advance when placing an order.
- Name Origin Report
The price details are described in the price page. The payment shall be made through the website page.
- Trip to your Roots, Family Tree Creation/Ancestry Search, Old Photograph Analysis
The price provided by the quotation shall be paid with the payment code (click the url) sent by email
- The Services shall commence after the confirmation of the payment.
Article 11. Cancellation
- Name Origin Report: No cancellation is accepted after the payment.
- Trip to your Roots, Family Tree Creation/Ancestry Search, Old Photograph Analysis: No cancellation is accepted after the payment. If the Client wishes to cancel the Services due to the causes attributable to the Client (such as inevitable or unavoidable circumstances) before the Service completion, the Company may deliberate with the Client to determine the reimbursement of the payment taking into account of the Services already completed.
- The Services shall commence after the confirmation of the payment.
Article 12. Disclaimer
- THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE CONTEMPLATED BY THE CLIENT)
- Under no circumstances, the Company shall be liable for any issues or disputes related to “Trip to Your Roots”, “Family Tree Creation”, “Ancestry Search”, “Old Photograph Analysis”, occurred between the Client and Kaju Co., Ltd, which produces the aforementioned services.
- Under no circumstances, the Company shall be liable for any issues or disputes occurred, if the Client used the Company’s Family Tree drawing set or Ancestry Search result as a document or drawing to prove facts, which is prohibited by article 7 herein.
- Under no circumstances, the Company shall be liable for any issues or disputes occurred due to the facts discovered by “Family Tree Creation” or Ancestry Search.” The Client shall take utmost care to review the family tree/genealogy details, when determining whether to let other person(s) see the family tree or not.
- The Company shall make no representation or warranty with respect to the immunity to virus (including security vulnerabilities, errors, and bugs) when storing the data created on this website, accessing, or using this website.
Article 13. Intellectual Property Rights
Any and all the Intellectual Property Rights related to this website and the Services belong to the Company.
Article 14. Confidentiality
The Company and Client shall keep confidential any and all Confidential Information with the due care of a prudent manager and shall not, without the prior consent of the Disclosing Party, use the Confidential Information other than the intended purpose of the Services or disclose the Confidential information to a third party.
Article 15. Collecting, analyzing, and managing Information relating to Client
- The Company shall appropriately manage the Client’s personal information obtained in relation to the Services in accordance with the Company’s Privacy Policy.
- The Company uses Google Analytics and other information collection modules to gather information about the use of The Services. Please refer to the Privacy Policy regarding these information collection modules.
Article 16. Entrustment
The Client expressly consents in advance that the Company may entrust the entire or part of the performance of the Services to a third party on its own responsibility.
Article 17. Exclusion of Anti-Social-Forces
- The Client represents and warrants that, at the time of application of the Services and thereafter, the Client him/her/itself (“itself”) is not Anti-Social-Forces and is not controlled by or influenced by Anti-Social-Forces.
- If the Client is reasonably recognized to fall under any of the following, the Company has the right to terminate this Service Agreement without any notice:
- recognized as Anti-Social-Forces;
- engage in a relationship that is reasonably recognized to be managed by Anti-Social-Forces;
- engage in a relationship that is reasonably recognized that Anti-Social-Forces substantially involved in the management of the Client;
- engage in a relationship that is reasonably recognized to use Anti-Social-Forces unfairly for the purpose of obtaining unjust financial gain for itself or a third party or causing damage to a third party
- engage in a relationship that is reasonably recognized as the involvement providing fund or benefit to Anti-Social-Forces;
- its executive officer or person substantially involved in its management engages in a socially condemnable relationship with Anti-Social-Forces;
- The Client shall indemnify the Company against damages incurred in connection to the termination by the Company and the Client may not claim damages incurred by the Client against the Company, if the Client should fall under any of the items in the preceding paragraph, or the Client itself or through the use of a third party should damage the credibility or obstruct the business of another person, by use of force, threat of violence unjust demands beyond its legal entitlement, spreading false rumors, or by the use of fraudulent means.
Article 18. Assignment of Rights or Status
Neither the Company nor Client may assign, transfer, grant security interests in or otherwise dispose of its rights, obligations, or status under these TOS or the Service Agreement without the prior written consent form the Other Party.
Article 19. Good Faith Consultation
Any matter not stipulated herein or any question arising out of, or in connection with, this Agreement shall be settled upon consultation in good faith between the Parties hereto.
Article 20. Jurisdiction
Any and all disputes arising out of or in connection with these TOS or the Services shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 21. language
These TOS have originally been made in Japanese and translated into English for reference purposes. In the event of any discrepancies or inconsistencies between the original Japanese and English translation, the original Japanese TOS shall prevail in all respects.