User Terms and Conditions
Last updated June 5th, 2024
1.
Website
homes.beforward.jp is the Website (the "Website") owned and operated by BE FORWARD CO., LTD. (hereinafter collectively referred to as the "Company").
2.
Definitions
2.1. User
Purchasers, lessees (tenants), and site users who visit the Website of this service, and end users who can view information on properties and other contents posted on the Website of this service, who can inquire directly to the Agents posting the property information.
2.2. Agent
A user, including all real estate Agents, real estate developers, real estate brokers, etc., and Owners who are property owners and property lessors, who hold an Agent account on the Service.
3.
Account Creation
3.1. A User account is an identification information and feature that allows Users to save favorite listings and search conditions.
3.2. In the event of updates or revisions to User accounts, the Company shall inform the relevant information on its website, depending on the scope and importance of the changes.
3.3. Users are responsible for logging in to their account information and for protecting their own personal or corporate information.
3.4. When a breach of the prohibitions or agreements stipulated in the Terms and Conditions is reported to the Company by a third party, etc., and the Company determines that it constitutes a violation, the Company may suspend the account used by the User in question without notice.
3.5. For the request of the deletion of User Account, please send an email to support-homes@beforward.jp.
4.
Agreement
4.1. The Terms of Use of the Website of the Service for Users constitute a legal contract between the Company and the Users, and if the User does not agree to these Terms of Use, the User may not use the Website of the Service.
4.2. The Service's Website could not be used if it is prohibited from receiving or using the Service's Website by law in the area in which the User conducts business or in the country in which the User accesses or uses the Service's Website.
4.3. The User is responsible for fully understanding and complying with these Terms and any other applicable terms and conditions when using the website of this service.
4.4. If the User is under 18 years of age, he/she is not allowed to use the Website of this service.
5.
Other Terms and Conditions
This Terms and Conditions incorporates the Company's Privacy Policy applicable to Users' use of the Service's Website.
6.
Information Processing
The Company collects and processes personal and company information of individual or corporate Users in accordance with our Privacy Policy.
7.
Information Provision and Responsibility
7.1. The User information includes all of each User's profile information, images, account information, and review information.
7.2. The Agent is obligated to post accurate Agent information and real estate information on the Website through the management system, as well as provide information that is easy for users to inquire about.
7.3. The User agrees to comply with the real estate transaction laws and other applicable regulations established in the area, and agrees to be responsible for damages, penalties, fees, etc. (including attorney's fees) related to violations determined by the local laws.
7.4. The Agent is obligated to respond to the inquiring User in good faith and with the care of a good manager, in compliance with the Law Concerning Security and Validity, other related laws and regulations, and the provisions of these Terms of Use.
7.5. The User agrees that various information the User provides to the Website of the Service may be used by the Company for web marketing, advertising, analysis, etc. without charge in order to improve the Company's services.
8.
Management, Security
8.1. As part of the security of the Company, the User identification code, password and any other information selected or provided to us must be treated as confidential information and must not be disclosed to any third party.
8.2. If the Company determines that a User is not in compliance with any of the provisions of this Agreement, the Company may, without delay, invalidate the User ID, each code, or password, or suspend or forcibly cancel the User's account, whether at the Users' choice or assigned by the Company.
9.
Prohibitions
Users shall not engage in any conduct that the Company deems inappropriate, illegal, or prohibited under any law that may be applicable to the Website of the Service, including, if necessary, the Company erecting technical barriers or reporting any unauthorized or illegal activity to any person or entity, take steps to prevent unauthorized access to and unauthorized use of the Website. Prohibited activities include but are not limited to the following:
9.1. To use any automated device, software, process, or other means to access, retrieve, scrape, or index the Website or content on the Website.
9.2. To use any device, software, process, or other means to interfere or attempt to interfere with the proper working of the Website.
9.3. Actions that we deem to be unreasonable or disproportionate use of the Website, such as burdening our infrastructure or making excessive traffic requests.
9.4. To attempt to decipher, decompile, disassemble, or reverse engineer any of the software that makes up the new website or is in any way part of the Website.
9.5. To use the contents or data on the Website or create an index for the following purposes.
9.5.1. To build or add to a searchable real estate database.
9.5.2. To build databases of other real estate information.
9.5.3. To compete with us in any manner not authorized by us.
9.5.4. To send spam, chain letters, content, junk mail, surveys or other bulk messages, commercial or otherwise
9.5.5. To use the Service's Website or any content on the Website in any manner deemed inappropriate by the Company or unsuitable for any purpose.
9.5.6. To violate the rights of any individual, including copyrights, trade secrets, privacy rights, or any other intellectual property or proprietary rights.
9.5.7. To impersonate an individual or entity and improperly requesting money, passwords, or personal information from the third party end user.
9.5.8. To act in violation of our terms and conditions or any other terms and conditions or applicable law.
9.5.9. To reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publish, sell, trade, or in any way exploit the Service's Website or any content on the Website, except as expressly permitted by the Company.
9.5.10. To transmit or attempt to transmit any computer virus, worm, defect or other destructive item.
9.5.11. To gain unauthorized access to, or attempt to gain unauthorized access to, any server, computer or database on or connected to which the Service's Website is stored.
9.5.12. To attack or attempt to attack the Service's Website through a denial of service attack or distributed denial of service attack.
10.
Responsibilities of the User
10.1. The User shall confirm the accuracy of the posted information in detail at their own responsibility before inquiring about the property or the Agent. The Company does not warrant or make any representations concerning the accuracy of the posted information.
10.2. The User shall act in good faith towards Agents involved in the Website of this service.
10.3. The User shall represent and warrant prospectively that it will at all times comply with these Terms and Conditions and any other terms and conditions (including all amendments and revisions to these Terms and Conditions) that may be applicable to the User in connection with its use of the Website.
11.
Obligations of the Agent
11.1. Property information includes all property images, title, property details, amount, listing status (For sale, For rent), etc.
11.2. The Agent shall post as accurate, careful, and detailed information as possible on the Website of this service, and not to post inappropriate information following the posting manual/rules for Agents.
11.3. The Agent is allowed to list only one property per listing on the Website and not to include multiple property information in one listing.
11.4. The Agent must not list properties for which they do not have written permission (including verbal permission) from the owner of the property and all other necessary management agencies to list the property. In addition, in the event that a user or property owner alleges a listing violation or reports or points out a violation of portrait rights or copyrights, etc., the Agent must, at his/her own discretion and responsibility, withdraw the listing on the Website of this service.
11.5. In the case of the preceding paragraph, the Company may suspend the listing of the relevant property without notice to the Agent, and if the possibility of infringement of rights to the property owner is reported to the Company, the Company may disclose all information regarding the Agent to third parties and government agencies.
12.
Obligation to Respond
The Agent has the obligation to respond to inquiries from the Users as promptly and sincerely as possible, and to take due care not to undermine the trust of the Users.
13.
Article 13 (Review)
13.1. The Company may send an e-mail to the User requesting a review for the purpose of evaluating the Agents, etc. who responded to the user's inquiry.
13.2. The User agrees that the contents posted in the review may be published on the Company's personnel and on the Website of the Service for the purpose of improving the Company's services and for advertising and promotion.
14.
Exemption from Liability
14.1. To the extent permitted by law, the Company shall not be liable to the User for any loss or damage arising out of the use or inability to use the Website or the use or reliance on the content displayed on the Website, whether in contract, tort (including negligence), breach of duty, or otherwise foreseeable. The Company shall not be liable for any loss or damage arising from the use of or inability to use the Website or from the use of or reliance on any content displayed on the Website, even if foreseeable.
14.2. The Company is not responsible for any loss or damage caused by the following.
- Failure due to software or Internet errors or unavailability, or other circumstances beyond the reasonable control of the Company
- Loss of passwords or accounts due to malfunction, error, power failure, or other cause attributable to Users' computer system or Users' account.
- Reliance on any content or information posted on the Website.
- Any direct, consequential, special or punitive losses, damages, costs and expenses.
- Loss of profits due to problems in real estate transactions.
- Loss of business.
- Loss of reputation.
- Loss of goodwill.
- Loss, damage or corruption of data.
14.3. The Company does not warrant that the security of the Website of this service is secure or free from errors, bugs, viruses, etc.
14.4. The Company does not warrant that the use of the Website by the User, or the downloading of content on the Website or links within the Website, will be free from viruses, distributed denial-of-service attacks, or technologically harmful material that may infect Users' own computer-related equipment, computers, built-in programs or data, or other proprietary materials. The Company shall not be liable to the User or any other person for any actual loss or damage caused by viruses, distributed denial-of-service attacks, or technologically harmful material that may infect the User's own computer-related equipment, computer hardware, embedded programs or data, or other proprietary materials, as a result of the User's use of the Website or downloading of any content or links within the Website.
14.5. The User is responsible for setting up their own technology, computer programs, and platforms for accessing the Website.
14.6. The User shall purchase and use their own antivirus software.
14.7. The User shall agree that if an inquiry is made about a property found within the Website of the Service, detailed information about the User will be sent to the Agent directly or by means of communication such as e-mail, WhatsApp, or TEL.
14.8. The Company assumes no responsibility for the content of communications sent directly to the Agent, as well as communications received from the Agent, as described in the preceding paragraph.
14.9. The Company will make effort to ensure that its services are always available to the User, but does not guarantee that such services will continue to operate without interruption or that they will be trouble-free. Please understand that the Website may be unavailable without notice due to necessary maintenance or upgrades, but this is due to the fact that the Company aims to minimize downtime.
14.10. Part of the Website, including Users' access, may be changed, suspended, or discontinued by the Company, and the Company assumes no responsibility for any interruption or loss of service related thereto.
14.11. The property information on the Website of this service is also provided on an "as is" and "as available" basis, and we disclaim all warranties of any kind, either express or implied. Furthermore, the Company disclaims all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. In addition, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any specifications contained in or linked to the Website.
14.12. The User agrees to indemnify and hold us harmless from any claims or disputes of any kind arising out of or related to disputes with third parties and agrees not to consider any of our publications, postings, inserts, information, or content to be professional legal, financial, or real estate advice.
14.13. The Company shall not be responsible for the management of properties posted by Agents on the Website of the Service, or for any incidental responsibility, and that the Company shall not continue to display "for sale/rent available" or other such indications regarding the disclosure of information on properties that are in negotiations, for which deposits have been paid, or for which contracts have been signed, at their own discretion and on their own responsibility. The Agent shall, at his/her own discretion and responsibility, manage the information disclosure of properties that are "for sale/available for lease" or the like in an appropriate manner.
14.14. The Company shall not be liable for any trouble, etc., caused by a User's misidentified desire to purchase a property based on the belief that the property is "available for sale/rent".
14.15. The User is responsible for storing and backing up information posted on the Website of this service within the scope of their own judgment and responsibility.
14.16. The Company does not receive any remuneration from Agents, Owners, or Users in connection with real estate transactions or brokerage service, etc., and at the same time, is not responsible to Agents, Owners, or Users in any way whatsoever.
15.
Ownership of Rights
The User agrees that the right to store, copy, and distribute to end users and other third parties (share with third parties) information on properties and other information is attributed to the Company and the User at the time the information is posted on the Website.
16.
Contents
16.1. The property information contained in the Website may include technical, printing, or photographic errors, and the Company does not warrant that the information on the website is accurate, complete, or current.
16.2. The Company reserves the right to change the property information and images contained in or displayed on the Website of this Service at any time without notice.
17.
Links, Advertisements
17.1. The Website of the Service may contain links, hyperlinks, pointers, etc., to third party products, services, and Websites that are not affiliated with the Company and are provided for informational purposes only. The Company has no control over such sites, contents, products, services, third party resources, etc., and assumes no warranty or responsibility for them, nor for any misleading or inaccurate advertisements of third parties within the Website.
17.2. The Company makes no warranties or representations whatsoever regarding advertisements, which are the sole responsibility of the advertisers, and does not approve of any information obtained by users.
17.3. The Company does not guarantee that any content, links, or subdomains contained in or associated with the Website of this Service will always be available and accessible to users.
18.
Amendments, Additions, and Discontinuation of Services
18.1. The Company may revise these Terms and Conditions without prior notice to the User. The User is obligated to check these Terms and Conditions each time they use the Website of the Service and understand the conditions applicable at that time.
18.2. In addition to the provisions of the preceding article, the Company may change, add, or suspend the contents of the Service and affiliated services without prior notice to the User for any reason whatsoever.
18.3. The Company may discontinue or abolish all or part of the Service and affiliated services upon notice to Users. However, if there is an urgent need to suspend or discontinue all or part of the Service, the Company may do so without prior notice.
19.
Posts
Post means any information, including data, text, video, still images, audio, and other property information that the Company permits Agents to share, publish, post, store, or upload on the Website of the Service
Agent shall ensure that the images and information of properties they post and publish accurately and faithfully represent the actual appearance and condition of the properties, and shall avoid any expressions that may mislead others.
19.1. The Company may, at its discretion and without prior notice, delete, modify, disable access to, etc. all or part of an Agent's posting if we determine that any of the following applies.
19.1.1. The posting violates any law or regulation.
19.1.2. The posting infringes on the intellectual property rights of a third party.
19.1.3. The posting has been requested for removal by a regulatory or relevant authority pursuant to a temporary or final notice of removal.
19.1.4. The posting is either
- Misleading or deceptive.
- Inappropriate for the purpose of the Service's Website.
- May cause discomfort to users or third parties.
- Materially false.
- Obscene.
- Defamatory.
- Otherwise, illegal or contrary to local customs or norms to which the Website refers.
- Corrupted by the presence of viruses or other disabling code.
19.2. The Company grants the Users of the Website the right to use the Agent's name submitted with the posting made by the Agent, and the right to represent and warrant that
- The Company owns and controls all rights to the postings.
- The Agent has all lawful rights, including all licenses, rights, consents, and permissions necessary for the Agent to use the Submission and to permit the Company to display it on the Website.
19.3. Agent shall declare and comply with the following regarding any posted content for which they may hold moral rights as an author.
19.3.1. The Agent does not require the use of any personally identifiable information in connection with the content of the posting or any derivative works, improvements, or updates from the posted content.
19.3.2. The Agent understands that when accessing the Website, the Agents may see other Agents' postings, and the Agent agrees that the Company has no control over these postings and therefore assumes no responsibility for them and does not guarantee their truthfulness.
19.4. The Agent represents and warrants the following.
19.4.1. The Agent has all necessary licenses, rights, consents and permissions, including the lawful right to use the posting and to permit to display it.
19.4.2. The Agent will not make any posting that infringes the intellectual property rights of any third party and agrees to pay any fees, charges or other monies owed by reason of any such posting made.
19.4.3. The Agent shall not post any submissions that
- is misleading.
- is deceptive.
- materially false.
- that may cause discomfort.
- directly or indirectly relates to the advertising or marketing of products or services.
- obscene (including pornographic, hateful, racially or ethnically offensive material).
- that is libelous.
- that is otherwise illegal or encourages illegal activity.
- that is otherwise inappropriate for the purpose of the Website.
19.5. When posting a manuscript, be sure to follow the prescribed manual and submit it in an appropriately prescribed format and method.
20.
Communication
The User agrees to receive communications relating to the use of the Website electronically. The Company may communicate with the User by email or other means of communication, such as WhatsApp or phone calls, by posting notices on the Website, and the User acknowledges and agrees that any agreements, notices, disclosures, or other communications provided to it electronically will be in writing and will satisfy any legal requirements. Notices from the Company will also be deemed to be complete when sent by the User to the email address or cell phone number provided in the account on the Website.
21.
Indemnification
The User shall indemnify and hold the Company (including the officers, Agents, partners, and employees of the Company) harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to the use of, access to, or posting on the Service Website or failure to comply with these Terms and Conditions.
22.
Guarantee of Insulation from Anti-Social Forces
22.1. The User represents and warrants the following items.
22.1.1. The User has not introduced capital or funds, whether directly or indirectly and in any name whatsoever, from anti-social forces such as organized crime groups, or established any financial relationship with them. The Agent has not, and will not in the future, engage in any financial relationship with anti-social forces such as organized crime groups.
22.1.2. The User has not provided funds, etc., directly or indirectly and in any name whatsoever, to anti-social forces such as organized crime groups, etc., and does not plan to do so in the future. (2) The User has not and will not provide funds, etc., directly or indirectly, in any name, to anti-social forces such as organized crime groups.
22.1.3. The User does not interact with persons belonging to anti-social forces such as organized crime groups or persons who have close relationships with them.
22.1.4. That anti-social forces such as organized crime groups are not directly or indirectly involved with the User.
22.2. If the Company determines that the User is in breach of the representations and warranties in the preceding paragraph, the Company may delete the User's registration for the Service without prior notice.
23.
Language
This Agreement may be executed in English or any other language, and in the event of any inconsistency between the Japanese version and any other language version, the Japanese version shall prevail and have legal effect.
24.
Governing Law and Jurisdiction
These Terms and Conditions and any non-contractual obligations arising out of or in connection with these Terms and Conditions and access to the Website shall be governed by and construed in accordance with the laws of Japan. The User agrees to be settled by the exclusive jurisdiction of the Tokyo District Court in Japan.
25.
Severability and Separability of Provisions
25.1. If any provision of this Agreement is or may become invalid or unenforceable under law, the validity and enforceability of the remaining provisions shall not be affected.
25.2. This Agreement and any documents referenced or incorporated herein constitute the entire agreement between the Company and the Agent and supersede all agreements between the User and the Agent with respect to their subject matter.
26.
Use of AI Translation and Google Workstation
26.1. The User agrees to the following terms.
26.1.1. The Company may translate documents, data and any other information, including information of User, using DeepL Pro and other AI translation tools in order to efficiently perform translation work required in connection with processing
26.1.2. In the course of such translation, documents, data and other materials, their translations and data may be sent to servers of other companies located inside or outside Japan pertaining to AI translation tools and stored there for a certain period of time and sent/received between such servers.
26.2. When using AI Translation, the Company will take the reasonable care to protect Agent information by, for example, selecting a setting in which the translation data on the server is immediately destroyed after translation and the results of AI Translation are not used for AI training.
27.
Notification
27.1. The Company will send notification by e-mail to the e-mail address registered in the User's account or by any other method we deem appropriate.
27.2. When an e-mail is delivered to the e-mail address registered in the User's account, even if said e-mail fails for some reason, it shall be deemed to be a notification, and in this case, the Company may stop delivery of the e-mail to said e-mail address, and shall not be liable to the User for any damage caused by failure to receive the e-mail, or by the suspension of receipt or use of this service. The Company shall not be liable for any loss or damage incurred by the User as a result of the failure to receive the e-mail, or the suspension of the receipt or use of the Service.
28.
Inquiries
28.1. The Agent is contractually obligated to list only those properties that are available for sale or lease with the proper authorization from the owner and all other necessary governing agencies.
28.2. Agent is obliged that the properties listed on the Website of this service must be fairly and accurately described and explained, along with the properties themselves, as well as the proposed transaction.
28.3. If you suspect that any of the properties listed on the Website of this service are fraudulent or misleading in this location, or if you find them to be so, please send an e-mail to "support-homes@beforward.jp" with the details.
28.4. If you have any questions, complaints, or suggestions regarding these terms and conditions, please contact the Company at its email address. If you know or suspect that someone other than the User knows or has knowledge of the User ID, code, password, or other important information, please contact us at "support-homes@beforward.jp".
