Terms of Users

These Terms of Use (the "Terms") set forth the terms for the marketplace service (the "Service") provided by the pet care marketplace application for pet services, “Otegari,” which Enably Co., Ltd (“Company” or “We”) manages.

The Service is a marketplace where users and pet specialists (see Article 2: Definition of Terms) buy and sell services (the “pet services”) between each other. All user contracts between users and pet specialists and guarantees of the pet services are the sole responsibility of the users involved in those transactions.
We do not provide pet services through this service by ourselves, nor do we accept any consignment of pet services. Unless otherwise specified in these Terms, we will not be involved in cancellation of user contracts, refunds, guarantees, etc, of the pet services.

In these Terms, the following terms shall have the following meanings

1. “User”: An individual, sole proprietor, or legal entity that agrees to these Terms and uses the Service.
2. “Account Information": A user information entered by the User to use the Service.
3. “User": A user who uses the pet services on the Service.
4. “Pet specialist": A user who lists and provides the pet services through the Service.
5. “Pet service fee": The price of the pet services purchased through the Service under a user contract between a user and a pet specialist.
6. “Personal Information": Personal Identifiable Information that a user enters, such as name, zip code, address, date of birth, telephone number, account information (email address, password, etc.), profile information (username, age, and other personal information), credit card information, bank account information, and usage history, etc.
7. “Pet’s information” : Information that can identify the pet (name of the pet, date of birth, other personal information about the pet)

1. Agreement to and application of these terms

By using the Service, the User is deemed to have agreed to these Terms.

2.Use of the Service by Minors

If the User is a minor (under 18 years of age), the User must obtain the consent of a legal representative, such as a person with parental authority and legal guardian before using the Service.

3. Consent to changes in these Terms

We reserve the right to modify these Terms at any time as necessary. In such cases, we will post such changes on our website or in our applications. If the User uses the Service after any modification of these Terms, the User shall be deemed to have agreed to the modification of these Terms. We will not be liable for any damages incurred to the user as a result of modification or changes to these Terms, except in cases where such damages are caused by our intentional or negligent acts.

1. User Registration

User registration must be completed by the user himself/herself (For a corporation, by the person who is in charge of the corporate account), and the user must enter accurate information and confirm that there is no false information.

2. Multiple user registration

It is prohibited for the same user to have multiple user registered accounts. If we determine that multiple user registrations belong to the account by the same person or the same corporation (however, for corporations with multiple offices and sales offices, user registration for each office and sales office by the person in charge of the corporate account is allowed), we may cancel user registration, deny access to all or part of the Service, or suspend use of the Service without notice. We shall not be obliged to explain the reason for such action. However, this article does not apply to registration where a user registers both as a user and pet specialist and a pet specialist registers as both a user and pet specialist.

3. Approval of Registration

We may not approve an application for user registration if the user does not meet the requirements for the user registration described in this Terms or if we determine, based on reasonable grounds, that the application is inappropriate.

1. Representations

The User represents that he/she does not fall under the category of antisocial forces and will not fall under such category in the future, and that he/she will not engage in any violent or unreasonable demands, threatening words or actions with respect to transactions, or disruptive behavior using force, and that he/she will not damage our credibility or interfere with our business through such actions, or engage in any other similar actions.

2. Management of registered information

The user represents that he/she will promptly make any changes to the account information, and that he/she will manage and update the registration to ensure that it always reflects accurate information in order to ensure that he/she always receive the appropriate pet services. The user agrees that he/she is solely responsible for any damages resulting from his/her failure to make such changes to the account information, and that we shall not be liable for any such damages.

3. Management of account information

The User acknowledges that he/she will manage his/her own information such as email address, password, bank account information, etc. (the "Account Information") which he/she has entered. The User shall be responsible for any damage caused by leakage of information, its use by a third party, or unauthorized access due to inadequate management of Account Information, and we shall not be liable for any such damage unless it is caused by our own intentional or negligent conduct. In addition, the User shall compensate us for any damages incurred to us as a result of unauthorized use of account information.

4. Dispute Resolution and Liability

Any disputes arising between users, between users and pet specialists, or between users and third parties in relation to the Service shall be resolved by the parties involved, at their own responsibility and expense, and we shall not be involved in any way. In the event that the dispute is caused by the user's intention or negligence and we suffer damages, the party involved in the dispute shall compensate us for the damages.

If we determine, based on reasonable grounds, that a user is not in compliance with these Terms, we may, without prior notice, cancel the user registration, delete the registered account, deny access to all or part of this service, suspend the use of the Service, or take other reasonable measures, and we shall not be obliged to explain the reasons for such actions. In addition, in order to determine whether a user is in compliance with these Terms, we may verify the identity of the user and facts and may take measures such as denial of access to all or part of the Service, suspension of the use of the Service, etc. until the verification is completed. In addition, if we determine, based on reasonable grounds, that a newly registered user is the same user who has been subjected to the measures described in this article, we may prohibit the user from using the Service. We shall not be liable for any damage caused by the measures in this article, except in cases where the damage is caused by our intention or negligence.

1. Precautions for Registered Contents

The user may not conceal facts or provide false information when registering details of him/herself or his/her pets.

2. Responsibility for registered content

All responsibility for the contents registered by users in relation to the Service shall be borne by the relevant users. We are not responsible for any damage caused by the contents which the User registers within the Service. We are not responsible for any damage to pet specialists or third parties caused by the contents which the User registers within the Service. In addition, user in question shall be solely responsible and liable for any and all damages to us resulting from the content that the user registers.

In addition to the Terms, we shall handle personal information in accordance with the Privacy Policy. By using the Service, the User agrees to our Privacy Policy. We prohibit the use of personal information, etc. obtained by the User through the Service outside the scope of the use of the Service.

1. Procedure to use the Service

The Users shall follow the procedures to use the Service set forth by the Company. The users shall not register themselves as Pet specialists and use the Pet Service posted by themselves.

2. When the reservation for pet services is not accepted

If a pet specialist does not accept the reservation for the pet services made by a user, the applicable reservation for the Pet Service will be automatically cancelled.

3. When the reservation for the pet services is accepted

If a pet specialist accepts the reservation for the pet services made by a user, the User agrees that the Pet specialist may contact the User via telephone, chat, etc. within the Service, including early morning and late at night, to confirm the time, place, and status of the pets, etc, in order to provide the Pet Service accurately and securely.

4. Formation and Fulfillment of User Contract

When a User makes a reservation for a Pet Service posted by a Pet specialist or a User makes a request for Pet Service for the specified budget through the Service, and a Pet specialist accepts such reservation made by the User, or when Pet specialist sends a quotation for a reservation a Users made for a Pet Service, and a User accepts such quotation made by the Pet specialist, the User Contract for such Pet Service shall be considered as established. When the Pet specialist submits the completed work report to the User as per the procedures specified by the Company, the User Contract for such Pet Service shall be considered as fulfilled.

5. Payment

When the User Contract written in Paragraph 4 of this Article is established, the User shall pay the estimated total amount for the agreed Pet Service fee and, when necessary, the transportation fee. The User shall make payment for his/her share of said total amount via the payment method set forth by the Company within the Service. The estimated total amount shall be the sum of the actual hours or days booked multiplied by the service rate for the pet service or the fixed fee which the Pet Specialist sets for the specific services that the user reserved and, when necessary, the public transportation expenses to commute from the Pet specialist's home to the User's home (the address registered within the Service).

6. Processing Payments

Payment processing services for the User on Otegari are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms or continuing to operate as a User on Otegari, the User agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Otegari enabling payment processing services through Stripe, the User agrees to provide Otegari accurate and complete information about the User and the User’s business, and the User authorizes Otegari to share it and transaction information related to the User’s use of the payment processing services provided by Stripe.

7. Problems related to the Care Service, etc.

Any trouble arising between a Pet specialist and a User with respect to the Pet Services, etc. shall be resolved between User and Pet specialist in question. However, at the Company's discretion, the Company may also enter into discussions.

8. Cancellation, Cancellation of User Contract, and Refund

If a user cancels the user contract of the pet service at least 24 hours and 1 minute prior to the pet service start time in accordance with the procedures specified by the Company, the user contract shall be deemed to be canceled and no pet service or monetary transaction shall have occurred, and the Company shall process the full refund of the charges made to the selected payment method. If a user cancels the user contract of the pet service no later than 12 hours and 1 minute prior to the pet service start time in accordance with the procedures specified by the Company, the user agrees to pay a cancellation fee equivalent to 25% of the pet service fee stated in the user contract, unless otherwise agreed between a pet specialist and a user. If a user cancels the user contract no later than 6 hours and 1 minute prior to the pet service start time in accordance with the procedure specified by the Company, a user agrees to pay a cancelation fee equivalent to 50% of the pet service fee stated in the user contract, unless otherwise agreed between a pet specialist and a user. In the event where a user cancels the user contract less than 6 hours prior to the pet service start time in accordance with the procedure specified by the Company, a user agrees to pay a cancelation fee equivalent to 100% of the pet service fee stated in the user contract, unless otherwise agreed between a pet specialist and a user.
After the fulfillment of the User Contract (as written in Paragraph 4 of this Article), cancellation is not allowed unless there is such an agreement between the Pet specialist and the User, or there is a problem caused by the Pet specialist or the User. If the User and the Pet specialist agrees to cancel after the fulfillment of the User Contract, the Company shall be notified of the cancelation agreement and if the Company accepts the cancellation, the cancellation shall be deemed to have occurred and no service or monetary transaction shall be deemed to have occurred. The Pet specialist shall be responsible for any and all problems if the problem is caused by the Pet specialist, and the User shall be responsible for any and all problems if the problem is caused by the User.
If the problem is caused by the User, the User shall be responsible and liable for the payment of the pet service price at his/her own expense. In such a case, the Company shall request the User to pay the money for the refund via the registered credit card or other method of payment set forth by the Company, and the Company shall return an applicable amount to the Pet specialist.
If the problem is caused by the Pet Specialist, the Pet Specialist hall be liable for the payment related to the pet services price at his/her own expense. In such a case, the Company shall request the Pet Specialist to pay the money pertaining to the refund in a manner set forth by the Company, and the Company shall return an applicable amount to the User in a manner set forth by the Company.

9. Non-fulfillment of the User Contract by Pet specialist

If the User has difficulty receiving the Pet Service due to any of the problems (but not all) listed below which are caused by the Pet specialist, or if the User determines that he/she has difficulty receiving the pet services, the User shall report it to the Company, and if the Company determines that the user has difficulty receiving the pet services based on reasonable grounds, the Company shall cancel the User Contract, or the Company shall take any measures that the Company deems appropriate.

1. While the Pet specialist has not reached an agreement with the User to cancel (as defined in Paragraph 8 of this Article), the user was not able to receive the Pet services due to refusal for the Pet specialist to provide the Pet services, early end of his/her work beyond the acceptable limit, or loss of communication with the Pet specialist.

If the User is unable to receive the Pet services because of a problem caused by the Pet specialist as described above, the Pet specialist shall be solely responsible for the problem unless the Pet specialist has a reasonable grounds for the Company to believe that the fulfillment of the care service is difficult due to the problems caused by the User.

10. Disclaimer of liability of the Company

The Company shall not be liable for any damages incurred to the User, Pet specialist or third parties as a result of the User's use of the Pet services, unless such damages are caused by the Company’s intentional or negligent conduct.

Review of the Pet specialist by the User
The user shall review the pet specialist within the Service upon the receipt of the pet services. The user may evaluate the pet specialist even if the transaction is affected by a problem caused by the pet specialist.

We reserve the right, at our sole discretion, to change or modify the contents of the Service, or suspend or discontinue all or part of the Service without prior notice to the users. However, in the event of termination of all or part of the Service, we will make our best efforts to notify and publicize such termination to the users as far in advance as possible.

Unless otherwise stated, the Service is the exclusive property of the Company, and the Company owns and manages the rights to all materials on the Service. The users shall not acquire any rights to any material on the Service, and shall not engage in any act that infringes on any rights without the permission of the rights holder.

1. User's Liability

In the event that a user or third party suffers damages due to inaccurate or inappropriate content, comments, expressions, or actions by the user on the service, or if a user or third party suffers damages due to the user's violation of these Terms, unless such damages are caused by our intentional or negligent conduct, users in question shall be liable for, including but not limited to, any and all damages to the user and third parties. In the event where we suffer damages as a result of such acts of users, the parties involved, including the users in question, shall jointly assume all responsibility, including liability for compensation for such damages.’

2. Liability of the Company

The Company shall not be liable to compensate for damages to users in relation to deletion or loss of contents of the service, modification, suspension, or termination of the service, or loss of data due to use of the service, except in cases arising from intentional or negligent acts of the company.
Even in the event where the Company is liable to the user for damages, the liability of the Company shall be limited to actual, direct, and ordinary damages to the user as a result of our default or tortious act.

3. Non-warranty

We do not warrant that our secure servers and all personal information stored on such servers will not be accessed or used in an unauthorized manner, or that the Service is free of bugs, computer viruses, Trojan horses, or other harmful viruses that may be transmitted by a third party. We shall not be liable to you or any third party for any damage caused by the inclusion of such harmful viruses in the Service, unless such damage is caused by our intention or negligence.

1. Transfer of Business

We may, at any time, transfer part or all of the business pertaining to the service to a third party, in which case, we may transfer the rights and obligations as well as registered information and other user registration information, to the transferee of the business in question based on the Terms. The user shall consent to such transfer in advance.

2. Dispute Resolution

The Terns shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes between the User and the Company.

If you have any questions or complaints about our Terms, please contact us at legal@otegari.com

Updated on October 10, 2024
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