These terms of use (hereinafter referred to as the “Terms”) are stipulated by Granvista Hotels & Resorts Co., Ltd. (hereinafter referred to as the “Company”) as they related to the ticket and merchandise sale service, member registration service, and online purchase service for events (hereinafter collectively referred to as the “Service(s)”) that are provided through the official website (hereinafter referred to as the “Website”) of Kamogawa Sea World (hereinafter referred to as the “Facilities”) that is operated by the Company, as follows.

ARTICLE 1 DEFINITIONS

1. Upon a user’s use of the Services, the user shall be deemed to have fully consented to these Terms as well as to the Appended Terms affixed hereto.
2. “User(s)” means any users of this Website including without limitation the Services.
3. “Service member(s)” means the users that are permitted by the Company to use the Services based upon their Service membership application.

ARTICLE 2 SCOPE OF APPLICATION OF, AND AMENDMENT TO, THESE TERMS

1. The terms stipulated specific to each of the Services constitute part of these Terms also.
2. If any consistency arises between these Terms and any of the individual terms as described above, the individual terms shall take precedence over these Terms. The Company reserves the right to amend these Terms by providing prior notice to the users using such method as decided by the Company without obtaining the users’ prior consent.

ARTICLE 3 SERVICE MEMBER REGISTRATION

If a user files a Service membership application with the Company but it is found that the user’s Service membership was previously revoked or was otherwise subjected to any disciplinary action as a result of the user’s violation of these Terms in the past, or if the Service membership application contains any false information or any information that is determined to be unsuitable by the Company, the Company may deny the user’s Service membership application. In this case, the Company shall not be obliged to disclose to the user the reason behind the Company’s denial of the user’s Service membership application.

ARTICLE 4 REPORT OF CHANGE TO SERVICE MEMBER INFORMATION AND MEMBERSHIP CANCELLATION

1. If a change arises with a Service member, be it its email address, residential address, name, etc. that is part of its registered Service member information, the Service member shall swiftly report the change to the Company using the method as separately specified by the Company.
2. If a Service member intend to cancel its Service membership registration, it may do so by completing the membership cancellation procedure on the user information page located within the Service website.

ARTICLE 5 SUSPENSION OF SERVICE USE AND REVOCATION OF SERVICE MEMBERSHIP

If a Service member meets any of the conditions as set forth in the items below, the Company may suspend the Service member’s use of the Services or revoke its Service membership without providing prior notice to the Service member:

1. if the Service member engages in an act that is in violation of these Terms; or
2. if the Service member otherwise violates any of the conditions of individual purchase or sale relating to any merchandise, etc. (as defined in ARTICLE 7, paragraph 1 hereof).

ARTICLE 6 PROHIBITED MATTERS

The following acts are all prohibited:

1. act of reporting any false information in the Service membership application.
2. act that is determined by the Company to be potentially disruptive to the Service operation or otherwise negatively affect the Services;
3. act of using the Services that involves unlawful credit card use;
4. act of transferring or providing as security to a third party, or having a third party succeed, one’s Service membership that allows use of the Services, any of the rights obtained using the Services, or any of the rights or obligations, in whole or in part, under these Terms, except where express permission to do so is granted by the Company;
5. act of using the Services for unauthorized business or resale purposes or using the Services for or in connection with a third party that is engaged in unauthorized business or resale;
6. act of unauthorized use of a user ID and password;
7. act that causes or could potentially cause any nuisance, negative effect, or damage to another user, a third party, or the Company;
8. act that violates or could potentially violate any of the rights held by another user, a third party, or the Company, including without limitation copyrights, trademark rights, trade secrets, property rights, and privacy rights;
9. act that is or could potentially be in violation of public order, good moral, or any law; and
10. any other act that is determined to be unsuitable by the Company relating to its allowing Service use, from the perspective of Service operation or administration.

ARTICLE 7 COPYRIGHTS, ETC.

1. The Company shall retain all the rights of ownership, copyrights, and other rights to the merchandise, services (hereinafter collectively referred to as the “Merchandise, etc.”) and information that are provided or sold by the Company through the Services.
2. The Service members shall be prohibited from using, reprinting, reproducing, distributing, altering, or otherwise tempering with any of the information, images, videos, etc., in whole or in part, that they may gain access to through their use of the Services beyond the limits as are allowed pursuant to the Copyright Act and other applicable laws without obtaining the permission of the Company or those other parties that own the rights to the information, images, etc.
3. If a Service member violates the provision of the preceding paragraph and a dispute arises as a result between the Service member and a third party concerning the intellectual property rights involved, the Service member shall resolve such dispute at its own cost and on its sole responsibility, and the Company shall be exempted from all responsibility.

ARTICLE 8 SERVICE MEMBER ID AND PASSWORD MANAGEMENT

1. Each Service member shall be responsible for managing the Service member ID and password that it sets for itself. The Company shall be exempted from all responsibility for any issues that may arise in connection with each Service member’s ID or password.
2. Each Service member shall refrain from transferring, loaning, or disclosing its Service member ID or password to a third party.
3. Each Service member shall be solely responsible for any damage it may suffer as a result of its inadequate management of its Service member ID or password, any mistake it makes with its use of its Service member ID or password, or use of its Service ID or password by a third party.
4. If a Service member discovers that its Service member ID or password is unjustly used by a third party, it shall immediately report the information to the Company.
5. Each Service member shall recognize the risk of information leak, etc. associated with the payment process involving transmission of its credit card number, etc. in connection with its use of the Services and shall manage such risk on its sole responsibility.

ARTICLE 9 SERVICE INTERRUPTION AND SUSPENSION

1. If any of the circumstances as set forth below arises, the Company may interrupt or suspend its operation of the Services completely or partially:
   
   1. periodical or emergency maintenance or inspection of the Service system;
   2. occurrence of any abnormality, failure, or malfunction of any device installed or managed by the Company or any other circumstance that renders the Company incapable of providing the Services as it normally does;
   3. circumstance that is beyond the Company’s reasonable control, due to which the Company is rendered incapable of providing the Services as it normally does, including without limitation, war, riot, mayhem, labor dispute, natural disaster, other disaster, power outage, disturbance of transport, etc.; or
   4. any other circumstance where the Company determines it is necessary to do so for Service operation purposes.
2. 2. The Company shall be exempted from all responsibility for any damage that any user may suffer as a result of any Service suspension or interruption regardless of the cause thereof.

ARTICLE 10 TELECOMMUNICATION ENVIRONMENT AND COST

Each user shall incur the cost of telecommunication connection service, etc. that is necessary for it to use the Services.

ARTICLE 11 DISCLAIMERS

1. The Company shall be exempted from all responsibility to compensate for any damage that may arise with a user or third party in connection with any suspension, interruption, change, or abolishment of any of the Services, a delay in the Company’s Service provision, or any other circumstance related to the Services.
2. The Company shall be exempted from all responsibility for any instances of email delivery failure, delayed email delivery, incorrect email delivery, etc. relating to the Services and for any issues that may result from such instances.
3. The Company shall be exempted from all responsibility for any issues that may arise concerning any settlement of payment for tickets or ticket issuance relating to the Services.

ARTICLE 12 HANDLING OF PERSONAL INFORMATION

The Company shall strive to properly manage and use all personal information relating to the users pursuant to the Company’s Privacy Policy (Basic Policy on the Protection of Personal Information) and Information Security Policy (Basic Policy on the Protection of Information), and the users shall agree to the consent clauses contained therein.

ARTICLE 13 GOVERNING LAW

These Terms shall be governed by the laws of Japan in terms of its formation, effects, performance, and construction.

ARTICLE 14 LANGUAGE

These Terms are executed in the Japanese language and translated into English and other languages therefrom. If any inconsistency arises between the original Japanese text and its translation into a different language, the former shall take precedence over the latter.

ARTICLE 15 JURISDICTION

1. If a dispute should arise between a user and the Company in connection with the Services, they shall endeavor to resolve the dispute through consultation in good faith.
2. If, however, they are unable to resolve the dispute through consultation, it shall be submitted to the exclusive jurisdiction of the Tokyo District Court.

APPENDED TERMS:
TICKET SALES

ARTICLE 1 FORMATION OF TICKET PURCHASE CONTRACT

1. When a Service member enters the required information in the order form for ticket reservation application, transmits it to the Company, and an email message from the Company accepting the ticket reservation order is delivered to the Service member, a purchase and sale contract shall form between the Service member and the Company relating to the Merchandise, etc. ordered by the Service member; provided, however, that the preceding provision shall not apply to such a case where a notification of denial of the payment request is given by the credit card company as specified by the Service member. The Company may be unable to send confirmation email back to the Service member if any information it has provided in the order form for ticket reservation application is falsified, incorrect, or missing, or contains any garbled text, etc. that cannot be made out, or if any issue is found therein. In addition, The Company shall be exempted from all responsibility for any non-delivery, incorrect delivery, or delayed delivery of any confirmation email it sends.
2. Notwithstanding the provisions of the preceding paragraph, the Company reserves the right to cancel or revoke any purchase and sale contract or take any other action as it sees fit with any Service member that has engaged in any unjust or improper act in connection with its use of the Services or any user whose Service membership has been revoked pursuant to these Terms.
3. If a Service member is found to have committed any of the prohibited acts as set forth in ARTICLE 6 hereof concerning any ticket it has purchased, the Company shall invalidate all the tickets that have been purchased by the Service member that committed the violation (regardless of whether or not all those tickets are tied to the violation), and the Service member shall be denied entry to all the Facilities. In this case, no refunds shall be made to the Service member for the tickets invalidated by the Company.

ARTICLE 2 PAYMENT METHOD

1. Each Service member shall pay for the Merchandise, etc. that it purchases through the Services by using a credit card of which the Service member itself is the official holder or any other payment method as separately specified by the Company.
2. If a Service member intends to make a payment using its credit card, it shall comply with the terms of the contract that is separated executed by the Service member and the credit card company. If any dispute should arise between a Service member and its credit card company, it shall be resolved between the parties, and the Company shall be exempted from all responsibility.

ARTICLE 3 CANCELLATION, CHANGE, AND REFUND

1. Once a ticket is purchased, no cancellation or change is possible under any circumstances (including loss, theft, damage, etc.).
2. If and only if the Facilities must be temporarily closed for a natural disaster, fire, or other force majeure event, or if and only if the Company’s Service provision becomes difficult based on the Company’s decision, refunds will be made to those affected.
3. Any merchandise reserved or purchased that involved hotel accommodation shall be handled pursuant to the Company’s Hotel Accommodation Terms.

Enactment date: March 28, 2023