Terms for Pet Specialists

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

The Service is a marketplace where a user as a pet specialist and customer (see Article 2: Definition of Terms) buy and sell services (the “pet services”) between each other. All user contracts for pet services between users and customers and guarantees of the pet services are the sole responsibility of the users involved in those transactions.
We do not provide pet services through the 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

• “User”: An individual, sole proprietor, or legal entity that agrees to these Terms and uses the Service, or an individual who belongs to a legal entity.
• “Account Information": A user information entered by the User to use the Service.
• “Pet Specialist": A user who lists and provides the pet services through the Service.
• “Customer": A user who uses the pet services on the Service.
• “Pet service fee": The price of the pet services purchased through the Service under a user contract between a user and a customer.
• “Balance": The total amount of sales recorded in user account on the Service upon the completion of a user contract for the care service sold through the Service.
• "Commission": The fee on the pet service fee incurred to the user when the pet service is provided and accepted by the customer through the Service.
• “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 (certificate and other personal information), bank account information, and usage history, etc.

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 cannot list and provide the pet services through 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 or for individuals who belong to a corporation, by the person who is in charge of this corporate account or the individual him/herself), 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 pet specialist and customer.

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 acknowledges 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 acknowledges 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 can always provide 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 (In the event where the person in charge for the corporate account registers individuals who belong to the his/her corporation, the person in charge of the corporate account is obliged to manage). 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 customers, 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.

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 customers 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. Precautions for publication

The user shall not publish pet services if he/she has no intention of providing such pet services, does not provide sufficient explanation of the pet services in the description of the contents of the pet services, conceals the fact about the pet services, or publishes images and other information unrelated to the pet services being offered.

2. Violation of these Terms regarding publication

If we determine, based on reasonable grounds, that the published contents of the pet services are inappropriate or in violation of these Terms, we may, at our discretion, cancel the reservation and user contract, etc., of the published pet services.

3. Responsibility for published contents

Any and all responsibility for the contents of the published pet service posted by a user in relation to the Service shall be borne by the user in question, etc. We shall not be liable for any damage caused by the contents of the pet services posted by the user. Any and all responsibility for damages to users or third parties caused by the contents posted by the user shall be borne by the user in question. The user shall also be responsible for any and all damages to us caused by the contents of the pet services posted by the user.

4. Disclaimer of the Company’s liability

The Company shall not be liable for any damage to the user or third parties caused by the publication of the pet service by the user, etc., unless such damage is caused by the Company’s intentional or negligent act.

1. Procedures for Providing Pet services

A User shall provide Pet Service in accordance with the procedures set forth by the company. A User may not register himself/herself as a customer and use pet service posted by him/herself.

2. Agreement with a customer on the provision of the Pet services

The use of the pet service between a User and a customer shall be deemed to be agreed upon when the customer makes a reservation to use the pet service based on the registered and published contents by the user. However, the user shall be responsible for any and all problems, as per the paragraph 2 of the Article 7 and paragraph 3 of the Article 9, if the problems are caused by the registered and published contents by the user.

3. Precautions upon receipt of a reservation to use the pet services

When a customer makes a reservation to use the pet service posted by the User according to the procedures set forth by the Company, the user shall accept such reservation, except when there is a valid reason. If the user does not accept the reservation, the reservation for the relevant pet service shall be automatically canceled.

4. Acceptance of a reservation to use the pet services

If the User accepts the pet service reserved by the customer, the User will make every effort to contact the customer in advance by telephone, chat, etc. within the Service to confirm the time, place, and status of pet, etc, in order to provide the accurate pet Service.

5. Formation of User Contract

A User Contract for the pet service shall be established when a customer makes a reservation for the pet service posted by the user through the Service, and the user submits the completion of the pet services to the customer in accordance with the procedures set forth by the Company.

6. If the pet service cannot be provided

If the User is unable to provide the pet service due to any of the following (but not all) problems caused by the customer, or if the user determines it is difficult to do the same, the user shall report to us, and if we determine the same based on reasonable grounds, we shall cancel the User Contract and take any measures that we deem appropriate.

1. Due to the event where the customer does not cancel within the time limit set forth by the Company, or despite the fact that the user and customer did not reach an agreement on cancellation, the customer refuses to accept the pet service provided by the user, or the user ends the work earlier than the acceptable limit (unless there is such agreement between the user and the customer), or the user lost contact with the customer, it becomes difficult for the user to provide the pet service.
   If the pet service cannot be provided because of a problem caused by the customer as described above, the customer who caused the problem is fully responsible for the problem.

7. Disclaimer of the Company’s liability

The company shall not be liable for any damage to users or third parties caused by the user due to reasons attributed to the user (delay, cancellation, etc.) with a reservation which the user accepted, unless such damage is caused by the company's intentional or negligent act.

1. Method of execution

The user shall submit a completion of work in accordance with the procedures set forth by the company upon completion of each work for a reservation of the pet services which the user accepted, and the pet service shall be deemed to be executed and completed when the customer receives the submitted completion work report in accordance with the procedures set forth by the company.

2. Payment

When the User Contract has been formed as per the Paragraph 5 of Article 10, the payment will be made to the user for the total of the pet service fee subtracted by the commission, and, in some cases, the public transportation charge from the user's registered home to the customer’s home.

3. Troubles regarding the provided pet service

In the event of any trouble, regarding the pet services, caused by the user, the User shall resolve it between the user and the customer. However, at our discretion, we may also enter into discussions.

4. Cancellation, Cancellation of User Contract, and Refund

When using the Service, the user shall not cancel the User Contract once he/she accepted it, unless otherwise agreed upon between the User and the customer. In the event where the user and the customer agree within the time limit set by the company, the cancellation shall be deemed to have occurred so long as the customer processes the cancellation of the relevant user contract on the Service, and no pet service provision or monetary transaction shall have occurred. Even after the timeline has passed the deadline set by the Company, if the user and the customer agree, the user shall contact the Company regarding such an agreement, and if the Company accepts it, the cancellation shall be deemed to have occurred, and no pet services or monetary transaction shall be considered to have occurred. However, if there is a problem caused by the user or customer, cancellation is not acceptable.
As described above, in the event where the problem is caused by the user, the user shall take responsibility of any and all liability and in the event where the problem is caused by the customer, the customer shall take responsibility of any and all liability.
If the problem is caused by the user, the user shall be responsible for and shall be liable for the payment of any monies owed for the pet services, etc, at the user's own responsibility and expense. The Company shall deduct the money pertaining to the refund from the balance in the account within the Service or charge the money pertaining to the refund to the user in a manner set forth by the Company and shall return the applicable amount to the customer in a manner set forth by us.
If the problem is caused by the customer, the customer shall be responsible for and shall be liable for the payment of any monies owed for the pet services, etc, at the customer’s own responsibility and expense. The Company shall charge the money pertaining to the pet service fee to the customer in a manner set forth by the Company and shall return the applicable amount to the pet specialist in a manner set forth by us.

5. Disclaimer of the Company’s liability

The company shall not be liable for any damage to users, customers, or third parties caused by the pet services provided by the user, unless such damage is caused by the company's intentional or negligent act.

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

1. Commission fees

As per the Paragraph 5 of Article 10, the User shall pay the commission fee for the Service as determined by the Company upon formation of the User Contract. The commission fee will be available on the detail page of the pet service within the Service. The user agrees in advance to the collection of the commission fee by the method of deducting it from the pet service fee.

2. Withdrawal of Sales of the Pet services

Upon formation of the User Contract, the Company shall deposit into the User's account the total amount of the pet service fee and, in some cases, the public transportation charge from the User's registered home to the customer’s home, in accordance with the Paragraph 2 of Article 11. The user may request a withdrawal of the balance available in the account to a bank account or other payout methods available in the country where the user signed up for the service at the user’s convenience. Upon receiving such a withdrawal request from the user, the Company shall process the withdrawal to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth. In the event where the user requests a withdrawal of a balance that meets the minimum withdrawal amount set forth by the Company ("Minimum Threshold") (3,000 yen in Japan and 15 USD in the United States and other countries), the Company shall be responsible for all remittance and deposit fees incurred at the time of withdrawal, as well as the monthly account maintenance fee incurred for the month when the user requests a withdrawal.
However, if the User requests a withdrawal of a balance which is less than the minimum threshold specified in this article, the User agrees that the Company will deduct all remittance, deposit, and account maintenance fees from the requested withdrawal balance, and then deposit the rest of the balance to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth. However, even in the event where the User requests a withdrawal of a balance which is less than the minimum threshold specified in this article, if the User requests a withdrawal of a balance greater than the minimum threshold within the same month at least once, the Company will refund the account maintenance fee deducted from the requested withdrawal balance. However, the User agrees that the Company shall deduct the remittance and deposit fees from the requested withdrawal balance for each withdrawal request which is less than the minimum threshold. However, the user agrees that, if the user has not initiated a withdrawal of the amount deposited into the account for a set period of time determined by each country’s requirement (For Japan, 60 days from the date of the receipt of the amount. For the U.S., 2 years from the date of the receipt of the amount. For Thailand, 10 days from the date of the receipt of the amount. For all other countries, 90 days from the date of the receipt of the amount ), the Company shall automatically process the withdrawal of such an amount or the aggregated balance available in the account at the time of such an withdrawal to the bank account or the payout method registered in the user's account. The User agrees that if the requested withdrawal balance is less than 500 yen in Japan or 3 USD in the United States or other countries, the User shall not request a withdrawal, and that the Company will hold the balance for the holding period specified in this article until processing the withdrawal to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth.

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 where a user, customer, 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, customer, 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, customer, 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 the 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 the user 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 there are any questions or complaints about the Terms, please contact us at legal@otegari.com

Updated on November 18, 2022
Updated on August 18, 2022