Terms of Service
Thank you for using Kinpen!
These Terms of Service (”Terms”) constitute a legally binding agreement (”Agreement”) between you and sharq inc. (”Shraq”) governing your access to and use of the Kinpen website, our mobile, tablet and other smart device applications, and application program interfaces (collectively, ”Application”) and all associated services (The Site, Application and Services together are hereinafter collectively referred to as the ”Kinpen Service”).
Your access to or use of the Kinpen Service will constitute acceptance of these Terms.
Table of Contents
- Scope of Kinpen Service
- Eligibility, Using the Kinpen Service, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Kinpals
- Terms specific for Guests
- Booking Modifications, Cancellations and Refunds
- Ratings and Reviews
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Applicable Law and Jurisdiction
1. Scope of Kinpen Service
The Kinpen Service is an online marketplace that enables registered users (”Members”) who offer services (Members who offer services are ”Kinpals” and the services they offer are ”Kinpal Services”) to publish such Kinpal Services on the Kinpen Service (”Listings”) and to communicate and transact directly with Members that are seeking to book such Kinpal Services (Members using Kinpal Services are ”Guests”). Kinpal Services may include the offering of single or multi-day activities in various categories (”Experiences”), access to unique events and locations (”Events”), and a variety of other services.
As the provider of the Kinpen Service, Sharaq does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Kinpal Services. Kinpals alone are responsible for their Listings and Kinpal Services. When Members make or accept a booking, they are entering into a contract directly with each other. Sharaq is not and does not become a party to or other participant in any contractual relationship between Members. Sharq is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
While we may help facilitate the resolution of disputes, Sharaq has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Kinpal Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or (iii) the performance or conduct of any Member. If there is a dispute between users, or between a user and a third party in connection with the Kinpen Service, the matter shall be resolved by such users at their own cost, Sharaq will have no liability or responsibility with respect thereto. You must immediately notify Sharaq if you receive any complaints from other members or other third parties in connection with the Kinpen service or causes disputes with those.If you have a dispute with one or more users, you release Sharaq (and their officers, directors, employees and agents)from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Kinpen Service may contain links to third-party websites or resources (”Third-Party Services”). Sharaq is not responsible for and does not endorse such sites and resources. you agree that Sharaq is not liable for any loss or claim that you may have against any such third party with any reason.
Sharaq cannot guarantee the continuous and uninterrupted availability and accessibility of the Kinpen Service. Sharaq reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kinpen Service.
You are solely responsible for recording, storing, and managing any information that you make available on or through the Kinpen Service at their own risk, You agree that Sharaq has no responsibility or liability for the deletion or failure to store any data maintained or transmitted by the Service.
Except as they may be supplemented by additional terms and policies, guidelines or standards, these Terms constitute the entire Agreement between Sharaq and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sharaq and you in relation to the access to and use of the Kinpen Service.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Sharaq’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Sharaq's prior written consent. Sharaq may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
2. Eligibility, Using the Kinpen Service, Member Verification
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Kinpen Service or register an Kinpen Account. If you are under 18 years old, you will require consent from a parent or legal guardian.
By accessing or using the Kinpen Service you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.(If you are under 18 years old, you will require consent from a parent or legal guardian.)
Sharaq may make the access to and use of the Kinpen Service, or certain areas or features of the Kinpen Service, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history. You agree that Sharaq, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, if Sharaq believes that you have violated or acted inconsistently with these Terms.
Sharaq do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers.
If you access or download the Application from the Apple App Store or Google play, you agree to Apple’s Licensed Application End User License Agreement.Kinpen Service implement Google Cloud Platform, Firebase, Google Maps, Stripe and Google Analytics. You are subject to the these service's Terms of Service.
3. Modification of these Terms
Sharaq reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
4. Account Registration
You must register an account (”Kinpen Account”) to access and use certain features of the Kinpen Service, such as publishing or booking a Listing.
You can register an Kinpen Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (”SNS Account”).
You must provide accurate, current and complete information during the registration process and keep your Kinpen Account and public Kinpen Account profile page information up-to-date at all times.
You may not register more than one (1) Kinpen Account unless Kinpen authorizes you to do so. You may not assign or otherwise transfer your Kinpen Account to another party.
You are responsible for maintaining the confidentiality and security of your Kinpen Account credentials and may not disclose your credentials to any third party. You must immediately notify Sharaq if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Kinpen Account. You are liable for any and all activities conducted through your Kinpen Account. You agree that Sharaq shall not be liable to you or any third-party for any loss and damage caused by loss, stealing, misappropriation or unauthorized access of your credentials, regardless of negligence.
Sharaq may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Kinpen Service (”Member Content”); and (ii) access and view Member Content and any content that Sharaq itself makes available on or through the Kinpen Service, including proprietary Kinpen content and any content licensed or authorized for use by or through Sharaq from a third party (”Kinpen Content” and together with Member Content, ”Collective Content”).
The Kinpen Service, Kinpen Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Japan and other countries. You acknowledge and agree that the Kinpen Service and Kinpen Content, including all associated intellectual property rights, are the exclusive property of Sharaq and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Kinpen Service, Kinpen Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sharaq used on or in connection with the Kinpen Service and Kinpen Content are trademarks or registered trademarks of Sharaq in Japan. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Kinpen Service, Kinpen Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Kinpen Service or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sharaq or its licensors, except for the licenses and rights expressly granted in these Terms.
You are solely responsible for all Member Content that you make available on or through the Kinpen Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Kinpen Service or you have all rights, licenses, consents and releases that are necessary to grant to Sharaq the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Sharaq's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or Sharaq may, without prior notice, remove or disable access to any Member Content that Sharaq finds to be in violation of these Terms or Kinpen’s then-current Policies, or otherwise may be harmful or objectionable to Sharaq, its Members, third parties, or property.
6. Service Fees
Kinpen may charge fees to Kinpals (”Kinpal Fees”) and/or Guests (”Guest Fees”) (collectively, ”Service Fees”) in consideration for the use of the Kinpen Service. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.(System usage fee)
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Kinpal or Guest prior to publishing or booking a Listing. Sharaq reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to Sharaq. The applicable Service Fees are due and payable and collected by Sharaq pursuant to the Payments Terms. Except as otherwise provided on the Kinpen Service, Service Fees are non-refundable.
7. Terms specific for Kinpals
When creating a Listing through the Kinpen Service you must (i) provide complete and accurate information about your Kinpal Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Sharaq. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
Sharaq reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Kinpal Service will be published on the Kinpen Service.
When listing an Experience, Event or other Kinpal Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Kinpal Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Kinpal Service (including dress codes, equipment, special certifications or licenses, etc.).
You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Kinpal Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Kinpal Service(s).
You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (”Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
Pictures, animations or videos (collectively, ”Images”) used in your Listings must accurately reflect the quality and condition of your Kinpal Services. Kinpen reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Listings in search results on the Kinpen Service may vary and depend on a variety of factors, such as Guest search parameters and preferences, Kinpal requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Kinpal Service, and/or ease of booking.When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Kinpal Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Kinpal Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
8. Terms specific for Guests
Subject to meeting any requirements set by the Kinpal, you can book a Listing available on the Kinpen Service by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit, Guest Fee and any applicable Taxes (collectively, ”Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Kinpen Account.
Upon receipt of a booking confirmation from Sharaq, a legally binding agreement is formed between you and your Kinpal, subject to any additional terms and conditions of the Kinpal that apply. Sharaq will collect the Total Fees at the time of the booking request or upon the Kinpal’s confirmation pursuant to the Payments Terms.
If you book a Kinpal Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Kinpal, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Kinpal. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Kinpal Service if accompanied by an adult who is responsible for them.
You should carefully review the description of any Experience, Event or other Kinpal Service you intend to book to ensure you meet any minimum age, proficiency, fitness or other requirements which the Kinpal has specified in their Listing. You are required to inform the Kinpal of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Kinpal Service.You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Kinpal Service.
You may not bring any additional individuals to an Experience, Event or other Kinpal Service unless such an individual was added by you as an additional guest during the booking process on the Kinpen Service.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
Kinpals and Guests are responsible for any modifications to a booking that they make via the Kinpen Service (”Booking Modifications”), and agree to pay any additional Listing Fees, Kinpal Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Sharaq will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Kinpal under the applicable cancellation policy will be remitted to the Kinpal by Sharaq pursuant to the Payments Terms.
If a Kinpal cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Sharaq may publish an automated review on the Listing cancelled by the Kinpal indicating that a booking was cancelled.
For Experiences, Events and other Kinpal Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Kinpals may modify or cancel a Kinpal Service.
10. Ratings and Reviews
Within a certain timeframe after completing a booking, Guests and Kinpals can leave a public review (”Review”) and submit a star rating (”Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Sharaq. Ratings and Reviews are not verified by Sharaq for accuracy and may be incorrect or misleading.Ratings and Reviews by Guests and Kinpals must be fair, truthful and factual and may not contain any offensive or defamatory language. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
As a Kinpal you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, tourist or other visitor taxes or income taxes (”Taxes”). Sharaq have no concern with any applicable Taxes associated with the Kinpen service.
12. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Kinpen Service. In connection with your use of the Kinpen Service, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies ;
- use the Kinpen Service or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Sharaq endorsement, partnership or otherwise misleads others as to your affiliation with Sharaq;
- use the Kinpen Service in connection with the distribution of unsolicited commercial messages (”spam”);
- unless Sharaq explicitly permits otherwise, book any Listing if you will not actually be using the Kinpal Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Kinpen Service, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Kinpen Service to request, make or accept a booking independent of the Kinpen Service, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Kinpen Service or Sharaq. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Kinpen harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Kinpen Service or Collective Content, or any individual element within the Kinpen Service, Sharaq's name, any Sharaq trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Kinpen Service, without Sharaq's express written consent;
- dilute, tarnish or otherwise harm the Sharaq brand in any way, including through unauthorized use of Collective Content, registering and/or using Sharaq or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sharaq domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Kinpen Service for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Sharaq or any of Sharaq's providers or any other third party to protect the Kinpen Service;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Kinpen Service;
- ake any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Kinpen Service;
- export, re-export, import, or transfer the Application except as authorized by he export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Sharaq has no obligation to monitor the access to or use of the Kinpen Service by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Kinpen Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Sharaq in good faith, and to provide Sharaq with such information and take such actions as may be reasonably requested by Sharaq with respect to any investigation undertaken by Sharaq or a representative of Sharaq regarding the use or abuse of the Kinpen Service.
13. Term and Termination, Suspension and other Measures
This Agreement shall be effective and renewed automatically and continuously until such time when you or Sharaq terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your Kinpen Account as a Kinpal, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Kinpen Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
Sharaq may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Sharaq believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharaq, its Members, or third parties.
Sharaq may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Kinpen Account registration, Listing process or thereafter, (iv) you and/or your Listings or Kinpal Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Sharaq otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Sharaq believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharaq, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Kinpen Service;
- temporarily or in case of severe or repeated offenses permanently suspend your Kinpen Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sharaq and an opportunity to resolve the issue to Sharaq's reasonable satisfaction.
If you choose to use the Kinpen Service or Collective Content, you do so voluntarily and at your sole risk.
You agree that you have had whatever opportunity you deem necessary to investigate the Kinpen Services, laws, rules, or regulations that may be applicable to your Listings and/or Kinpal Services you are receiving and that you are not relying upon any statement of law or fact made by Sharaq relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events or other Kinpal Services may carry inherent risk, and by participating in those Kinpal Services, you choose to assume those risks voluntarily. For example, some Kinpal Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Kinpal Services. You assume full responsibility for the choices you make before, during and after your participation in a Kinpal Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Kinpal Service and to the maximum extent permitted by law, you agree to release and hold harmless Sharaq from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Kinpal Service or in any way related to your Kinpal Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Kinpen Service and Collective Content, your publishing or booking of any Listing via the Kinpen Service, participation in any Experience or Event or use of any other Kinpal Service or any other interaction you have with other Members whether in person or online remains with you.
Sharaq will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Kinpen Service or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Kinpen Service, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Kinpal Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sharaq has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Sharaq’s aggregate liability arising out of or in connection with these Terms and your use of the Kinpen Service including,but not limited to, from your publishing or booking of any Listings via the Kinpen Service, or from the use of or inability to use the Kinpen Service or Collective Content and in connection with any Experiences, Event or other Kinpal Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Kinpen Service as a Guest in the six (6) month period prior to the event giving rise to the liability, or if you are a Kinpal, the amounts paid by Sharaq to you in the six (6) month period prior to the event giving rise to the liability, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sharaq and you. This does not affect Sharaq’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to release, defend, indemnify, and hold Sharaq and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Kinpen Service, (iii) your interaction with any Member, s, participation in an Experience, Event or other Kinpal Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) Collection and Remittance of Taxes by using Kinpen Service, or (v) your breach of any laws, regulations or third party rights.
17. Notation based on the Specified Commercial Transaction ActNotation based on the Specified Commercial Transaction Act
18. Applicable Law and Jurisdiction
The Terms shall be governed and construed under the laws of Japan. Any dispute that arises between you and Sharaq shall be subject to the exclusive jurisdiction of the courts of Japan.
We can be contacted:
By email: firstname.lastname@example.org
Effective Date: 2 February, 2018