Terms & Conditions
Updated July 1, 2023
To access and use our Services, you must agree to and follow the terms outlined in this Agreement. By accessing or using our Services, you are indicating your acceptance of these terms.
1. Basic Terms
We're a platform that connects real estate buyers with the opportunity to purchase shares of HOTELA Residences. When you use our services, there are a few important things to keep in mind.
Real Estate Purchases: Any real estate purchases you make through our platform are governed by a separate purchase agreement and related paperwork. Make sure to review and understand those terms.
Property Management Services: We also offer property management services, which are covered by your subscription agreement to the HOTELA Agreements. Please refer to those agreements for more details.
Using the Website and Mobile App: When you use our website or mobile app, you are bound by the terms outlined in the Agreements. It's essential to familiarize yourself with these terms and follow them.
Your Responsibility: You are responsible for how you use our services and any consequences that may arise from your actions. You can only use our services if you can enter into a legally binding contract with HOTELA and are not prohibited from accessing our services by the laws of your jurisdiction. If you're under 18 years old, you cannot use our services unless authorized by a legal guardian. If you become aware of anyone under 18 using our services, please let us know.
Compliance with Laws: Please use our services in compliance with these Terms and all applicable laws and regulations in your local, state, national, and international jurisdiction.
Restricted Jurisdictions: Our services and offerings are not intended to be available in jurisdictions where they are prohibited or require registration and/or regulatory approval. Please respect these restrictions.
Changes to the Services: We are always working to improve our services, which means they may change over time. We may add or remove features, and we may stop providing the services (permanently or temporarily) without prior notice. We may also impose limits on usage and storage at our discretion, without prior notification.
Advertisements: Our services may include advertisements that are tailored to the content or information you see on our platform. The types and extent of advertising may change. By using our services, you agree that HOTELA, third-party providers, and partners may display such advertising, regardless of whether it's submitted by you or others.
As part of providing, you with the Services, we may need to send you certain communications, such as important updates and administrative messages. These messages are an essential part of the Services and your HOTELA account, so you may not be able to opt out of receiving them.
It is your responsibility to protect the password or login information you use to access our services, and you are accountable for all activities that occur under your account. We recommend using strong passwords (a combination of uppercase and lowercase letters, numbers, and symbols) not only for your HOTELA account but also for any other accounts connected to it. Please be aware that HOTELA cannot be held liable for any loss or damage resulting from your failure to follow these guidelines.
If you notice any unauthorized use of your account or a security breach, please inform us immediately. When choosing a username, make sure it does not infringe on anyone else's rights or include offensive, vulgar, or obscene language.
4. Mobile Application Requirements
To use the HOTELA mobile app (the "App"), you need a mobile device that is compatible. It's your responsibility to make sure that the App works on your device, as HOTELA cannot guarantee compatibility. When you use the App, it may consume mobile data, which could result in additional charges from your wireless provider. You agree to be solely responsible for any applicable charges.
5. Content Related to Services
We want to let you know that HOTELA doesn't check if the information on the Services is accurate. If you use or rely on any information you find through the Services, it's at your own risk. We want you to understand that when you use the Services, you might come across content that could be offensive, harmful, inaccurate, or inappropriate. Sometimes, there might be posts that are labeled incorrectly or are intentionally misleading. HOTELA will not be responsible for any content posted, emailed, transmitted, or made available through the Services or elsewhere.
If you sign up on the Website and become a "Registrant," you'll get access to additional information about HOTELA Residence and Prospects, which we call "Exclusive Content." This includes detailed pricing information and operating expense data for HOTELA Residence and Prospects. HOTELA allows individuals to co-own second homes, and the Exclusive Content will help Registrants understand how HOTELA determines interest shares and provides services to HOTELA owners.
By registering to access the Exclusive Content, you agree to the following:
1. You'll only use the data obtained from the Exclusive Content for your personal, non-commercial use.
2. You genuinely have an interest in buying, selling, or leasing real estate similar to what's being offered through the Exclusive Content.
3. You won't copy, redistribute, or transmit any of the data or information provided, except when considering the purchase or sale of an individual property.
6. Ownership of Services
HOTELA and its licensors are the rightful owners of the Services and all the content available on them. These Services and their content are protected by copyright, trademark, and other laws in Japan and other countries. HOTELA retains all the rights that are not explicitly granted in these Terms.
If you provide any feedback, comments, or suggestions about HOTELA or the Services, you do so willingly, and we have the freedom to use them in any way we see fit, without any obligation to you.
7. Copyright Infringement
We take copyright violations seriously. If we determine, at our sole discretion, that any material on the Website or Services infringes upon the copyright or other intellectual property rights of others, we may remove it. We will also terminate the access of any user who repeatedly infringes on copyrights. If you believe that your copyrighted work, protected under international copyright laws, has been posted on the Website or Services without authorization, or has been mistakenly removed, you can notify our copyright agent using the information provided below. Please include the following details:
(a) A physical or electronic signature of the authorized person acting on behalf of the copyright owner.
(b) Identification of the copyrighted work or works claimed to have been infringed or mistakenly removed.
(c) A detailed description of the material you believe is infringing or has been mistakenly removed, including the URL where it appears.
(d) Your name, mailing address, telephone number, and email address.
(e) A statement by you, made in good faith, that the identified copyrighted material is being used without authorization or has been mistakenly removed.
(f) A statement by you, made under penalty of perjury, that the above information is accurate and that you are authorized to act on behalf of the copyright owner.
To notify HOTELA of claimed copyright infringement or to file a counter-notice in response to a takedown, please contact us at:
HOTELA Co., Ltd
Aoyama Center Building 2F, 2-8-40 Minami Aoyama, Minato-ku, Tokyo 107-0062 JAPAN
Email address: support@HOTELA.co.jp
Restrictions on Use of the Services
We want to make sure everyone has a positive experience using our services. While accessing or using the Services, please refrain from doing any of the following:
1. Unauthorized Access: Do not try to access or tamper with non-public areas of the Services or our computer systems, or the technical delivery systems of our providers.
2. Security Violation: Do not probe, scan, or test the vulnerability of any system or network, or breach or bypass any security or authentication measures.
3. Unauthorized Access Methods: Only access or search the Services through our designated interfaces unless you have a separate agreement with us allowing you to do so. Scraping the Services without our consent is not allowed.
4. Misrepresentation: Do not forge any information in emails or postings, or use the Services to send altered, deceptive, or false information that disguises the true source.
5. Interference: Do not interfere with or disrupt the access of any user, host, or network. This includes sending viruses, overloading, flooding, spamming, or engaging in any activity that creates an undue burden on the Services.
8. Ending These Terms
You have the freedom to end your agreement with us at any time by deactivating your account and discontinuing your use of the Services. To deactivate your account, please contact us at support@HOTELA.co.jp.
We may suspend or terminate your account or stop providing you with the Services if we reasonably believe that: (1) you have violated these Terms, (2) you pose a risk or possible legal exposure to us, or (3) it is no longer commercially viable to provide the Services to you. We will make reasonable efforts to notify you via email or through the Services the next time you attempt to access your account. In such cases, the Terms will terminate, except for the sections that are expected to survive termination. Please note that we reserve the right to change, limit, or discontinue the provision of the Services without prior notice.
9. Disclaimers, Limitations of Liability, and Indemnity
We want to be transparent about the limitations of our liability and the disclaimers that apply. Please read the following section carefully:
A. Services Provided "AS-IS": Your access to and use of the Services are at your own risk. We provide the Services on an "AS IS" and "AS AVAILABLE" basis. We do not provide any warranties or conditions, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We are not responsible for the actions of our users or contributors. We do not guarantee the completeness, accuracy, availability, timeliness, security, or reliability of the Services. We are not liable for any harm to your computer system, loss of data, or any other harm resulting from your use of the Services.
B. Third-Party Links: The Services may contain links to third-party services or resources. We are not responsible or liable for the availability or accuracy of such services or resources, nor for the content, products, or services offered through them. Your use of third-party services or resources is at your own risk.
C. Limitation of Liability: To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from your use of the Services. This includes any conduct or content of third parties on the Services, any content obtained from the Services, and any unauthorized access, use, or alteration of your transmissions or content. Our aggregate liability shall not exceed the greater of ten thousand Japanese Yen (¥10,000 JPY) or the amount you paid us, if any, in the past six months for access to the Services giving rise to the claim.
D. Indemnification: You agree to indemnify and hold harmless our company and its affiliates from any liabilities, expenses, damages, and costs, including reasonable attorneys' fees, related to any third-party claims or charges arising from your failure to comply with the Terms or any activity you engage in through the Services.
Please note that some jurisdictions may not allow certain limitations of liability or disclaimer of warranties, so these provisions may not apply to you. However, we strive to the maximum extent permitted by law to uphold the limitations and disclaimers outlined here.
10. GENERAL TERMS. Waiver and Severability
If we don't enforce a particular right or rule in these terms, it doesn't mean we're giving up that right or rule altogether. We can still enforce it in the future if needed.
If any part of these terms is found to be invalid or unenforceable, we'll only remove or limit that specific part to the minimum extent necessary. The rest of the terms will still apply and remain in full effect.
A. Governing Law and Jurisdiction
These terms and any legal actions related to them will be governed by the laws of Tokyo, Japan. Regardless of where you live or your state of residence, any claims or legal proceedings related to our services must be brought exclusively in the courts located in Tokyo, Japan. By using our services, you agree to this and waive any objection to the inconvenience of this jurisdiction.
You also agree that if you have any claims against HOTELA related to our services, you can only bring them on an individual basis. You cannot participate in any class action or representative action against us.
B. Entire Agreement
We may update these terms from time to time. The most current version will always be available at https://www.HOTELA.co.jp/terms-and-conditions. If we make significant changes that could affect you, we will notify you by email or through the services. If you don't agree with the revised terms, you can terminate your agreement with us as described in Section 8 above.
By continuing to use our services after the revised terms become effective, you agree to be bound by them.
If you have any questions about these terms, please reach out to us.
Effective Date: 7/1/2023