TimeRex Terms of service

IMPORTANT NOTE: The Japanese version of this document will govern our relationship. This translated version is provided for convenience only and will not be interpreted to modify the Japanese version. For the Japanese version, please see this page.

Article 1 (Application of Terms of Service)

1. TimeRex Terms of Service (“Terms of Service”) are applicable to those who have entered into a contract(“Agreement”) with Mixtend Inc.(“Mixtend”, “we”, “us” or “our”) for the use of TimeRex(“Contractor”) and those who are separately designated by the Contractor to use TimeRex(“Customer”). If the Customer is a minor, the Customer shall use TimeRex with the prior consent of a legal representative or other person.

2. We will assume that the Customer agrees to these terms and conditions by using TimeRex. These Terms of Service will apply to the Customer from the time such consent is granted. These Terms of Service include the rules, cautions, and standards for the operation of TimeRex (hereinafter collectively referred to as “Operating rules”) as separately presented to the Customer by Mixtend, and the Customer shall comply with these Terms of Service. We reserve the right to change the operating rules from time to time at our discretion.

Article 2 (Definition of TimeRex)

TimeRex is a system that enables us to coordinate schedules with third parties by displaying a list of available dates on our website that take your schedule into account, and allowing third parties to book appointments for those dates.

Article 3 (Using TimeRex)

1. We shall provide services for the use of TimeRex in accordance with these Terms of Service and you shall perform your obligations under these Terms of Service in good faith.

2. Details of the contents and functions of TimeRex shall be displayed separately on the screen of the device where TimeRex is provided (“Device screen”).

3. The Contractor shall pay the amount shown on the device screen (“fees”) as compensation for the use of the paid functions. We will not refund any fees already paid unless we have been intentionally or grossly negligent.

4. We may outsource all or part of the TimeRex offering to a third party, and the Customer agrees to accept such outsourcing.

5. The fees shall be paid as directed on TimeRex.

6. In general, we do not issue receipts for fees.

Article 4 (Obtaining Information from Third-Party Services)

If the Customer enters information, such as an ID, that is available for a Third party service (“Third party service”) on TimeRex, we may obtain the Customer's information from the Third party service and may update, edit, add, or delete the Customer's information for that Third party service, and the Customer agrees to do so in advance.

Article 5 (Handling of Personal Information)

When we process the Customer's personal information on TimeRex, we will treat it in accordance with our privacy policy.

Article 6 (Responsibility and Roles)

1. In order to use the Services we provide under these Terms of Service, the Customer must procure the necessary hardware, network and equipment for the environment we recommend, at their own risk.

2. The Customer shall attempt to accommodate the results of such scheduling arrangements with those who coordinate schedules with the Customer through TimeRex(“Reservee”).

3. The Customer warrants that the availability dates shown to the Reservee are the same as the Customer's actual schedule at the time of booking.

Article 7 ( Basic Customer Compliance)

1. The Customer shall not treat the Reservee less favourably than others or otherwise undermine our reputation.

2. The Customer shall respond in good faith to any complaints, etc. received from a Reservee or other third parties regarding the results of schedule adjustments, etc. through TimeRex. The same applies if you receive a complaint from the Reservee through us.

3. In the event of a dispute with the Reservee or any other third party regarding the use of TimeRex to coordinate schedules, etc., the Customer shall, at its own responsibility and expense, deal with the Reservee or any other third party in good faith and reasonably and attempt to resolve the dispute. You shall also indemnify and hold us harmless from any dispute with the Reservee or any other third party. Nothing in this paragraph shall be construed to prevent us from acting on your behalf to deal with third parties as we deem necessary. If we act on behalf of a Customer, we are entitled to charge the Customer for the cost of the service.

4. In the unlikely event that the Customer is unable to respond to the results of schedule adjustments through TimeRex due to schedule changes or other reasons, the Customer shall, at their own risk and expense, immediately notify the Reservee of the schedule change or cancellation.

5. If the Reservee does not show up at the time and date arranged through TimeRex, we will not be involved in any trouble between the Customer and the Reservee. We are under no obligation to compensate you for any damages caused by such trouble. In the event that the Customer has a claim against the reservee for any such damage, the Customer shall make a claim against the Reservee at its own cost and expense.

Article 8 (Prohibited Acts)

1. The Customer acknowledges that we are authorized to manage, operate, and edit TimeRex with respect to the use of TimeRex, and shall not do any of the following. We will make a reasonable determination as to whether or not the Customer's actions fall within the following categories, and the Customer shall not contest any of our determinations.

(1) The act of reporting false information to Mixtend.

(2) Violation of laws and regulations.

(3) Acts that lead to or may lead to a crime.

(4) Violation of public order and morals.

(5) Acts that may mislead us.

(6) Any action that infringes on the rights(including intellectual property rights) of Mixtend or Mixtend's outsourcers (including employees of the outsourcers) or a third party, invades their privacy, defames them, or causes them to suffer any other disadvantage, or has the potential to do so.

(7) Discrimination or defamation of Mixtend or third parties.

(8) Damaging the reputation of Mixtend or third parties.

(9) Interfering with the operation and maintenance of Mixtend's services.

(10) Falsifying information that can be used in relation to TimeRex.

(11) Sending or writing harmful computer programs, etc.

(12) Divulging the specifications of TimeRex to a third party such as our competitors.

(13) The act of registering infeasible content.

(14) Using TimeRex by pretending to be someone else.

(15) Using TimeRex in any way other than as authorized by us.

(16) Disruptive behavior to us or a third party.

(17) Any other actions that we deem inappropriate.

2. The Customer may not use TimeRex to accept reservations that fall within any of the following categories. We shall make a reasonable determination as to whether the Customer's actions fall under any of the following, and the Customer shall not dispute our determination.

(1) Booking of services whose business activities or business methods are considered to be in violation of related laws and regulations.

(2) Booking of services related to malicious business practices.

(3) Booking of services that are deemed grossly incompatible with the safety and security of the customer and the Reservee.

(4) Booking of services that are likely to be an invasion of privacy or to affirm or encourage discrimination.

(5) Booking of services related to religious advertisements and other ideological beliefs.

(6) Booking of services related to sales methods through multi-level marketing.

(7) Bookings with a sexual element as a service.

(8) Booking services related to false hopes of good fortune and other related matters.

(9) Booking of services that are deemed to have a poor scientific basis.

(10) Booking of other services that are deemed to be related to each of the above items or that we separately determine.

3. If the Customer violates these Terms of Service or engages in conduct that we deem inappropriate for the operation of TimeRex, we may take any action necessary to prevent such Customer conduct, including suspension of their TimeRex account, deletion of the adjusted schedule, and claims for damages, without any notice, demand, or disclosure of the reason for the Customer's violation. In addition, we will not be liable for any damage caused to you as a result of this.

Article 9 (Anti-social forces)

1. The Customer represents that they are not currently a gang, a gang member, a person who has been a gang member for less than 5 years since he or she ceased to be a gang member, an associate member of a gang, a company affiliated with a gang, a general Contractor, etc., an ill-intentioned social movement group, etc., or a violent group of special intelligence, etc., or any other similar person(“Antisocial Members”), and that it does not fall into any of the following categories.

(1) Having a relationship with an organization whose management is deemed to be controlled or substantially involved by an antisocial member, or with a person who is equivalent to these.

(2) Having a relationship with an antisocial member for the purpose of gaining unfair advantage for oneself or a third party or for the purpose of causing damage to a third party.

(3) Having a relationship with an antisocial member, such as providing funds or other benefits to the member.

2. The Customer warrants that it will not take any of the following actions on its own or by using a third party.

(1) Violent Demanding Behavior.

(2) Unreasonable demands beyond legal responsibility.

(3) Threatening behavior or use of violence in connection with a transaction.

(4) Acts of spreading false information, damaging the reputation of the other party or interfering with the other party's business by using false plans or force.

(5) Any other act similar to the preceding items.

Article 10 (Entering Customer information, etc.)

1. The Customer must register any changes to the information registered with TimeRex for that Customer and any other information related to that Customer(“Customer Information”).

2. When the Customer submits Customer information via TimeRex, the Customer shall follow the Operating rules and ensure that it is entered accurately.

3. We reserve the right to review the content of Customer information for compliance with the Operating rules. The Customer agrees that we may delete or change such Customer information as we deem necessary, such as if we discover that the Customer information is in violation of the operational rules. If we request deletion or modification of the Customer information, the Customer will respond promptly to the request.

4. If we delete or change the Customer’s information in accordance with the preceding paragraph, or if we request that the Customer delete or change his or her information, we shall not be liable for any damages suffered by the Customer.

5. The Customer shall be responsible and liable for any disputes and damages caused by a breach of this clause with the booking party or any other third party at their own risk and expense.

Article 11 (Fixing TimeRex)

We shall make corrections or updates to TimeRex as necessary, and we shall not be liable for any damages to the Customer or third parties that may result from this.

Article 12 (Change, suspend or discontinue TimeRex)

1. We may discontinue TimeRex, in whole or in part, without notice to the Customer, and we shall not be liable for any damages to the Customer or third parties resulting from this.

(1) Routine or emergency maintenance or inspection of the system to provide TimeRex (including cases involving changes in the specifications of services provided by third parties).

(2) When it is difficult or impossible to provide TimeRex due to an emergency situation such as fire, power failure or natural disaster.

(3) When it is difficult or impossible to provide TimeRex due to war, civil war, riot, disturbance, labor dispute, etc.

(4) When it is difficult or impossible to provide TimeRex due to a defective system for providing TimeRex, unauthorized access from a third party, computer virus infection, etc.

(5) When it is difficult or impossible to provide TimeRex due to legal measures.

(6) When it is difficult or impossible to provide TimeRex due to the cessation or termination (including, but not limited to, suspension for maintenance, changes in specifications, and repair of defects) of a third party-provided service or a third party service that we use to provide TimeRex.

(7) In any other case where we deem it unavoidable.

2. We may revise, add, change or discontinue TimeRex, in whole or in part, without notice to the Customer, and we shall not be liable for any damages to the Customer or any third party resulting from this.

Article 13 (Ownership of Rights)

1. All intellectual property rights in our content on TimeRex belong to us or to those who have licensed to us, and use of TimeRex does not imply that we or those who have licensed to us are granting a license to use their intellectual property rights.

2. Our trademarks, logos and service marks, etc. may appear on TimeRex, but we do not grant the Customer or other third parties permission to transfer or use our trademarks, etc. other than as expressly stated in these Terms of Service.

Article 14 (Contract Period, Termination, Compensation for Damage, etc.)

1. The term of this agreement shall be as set forth on our site. If the term of this Agreement is one year or more, it will be extended for one year under the same conditions if neither we nor the Contractor expresses a different intention at least one month prior to the expiration of the Agreement, and the same shall apply thereafter.

2. At any time during the term of this Agreement, we and the Contractor may terminate this Agreement for any reason by giving one month's notice in writing to the other party. The Contractor may terminate the Agreement in such a manner if we have separately determined a method of termination by the Contractor.

3. Notwithstanding the preceding paragraph, in addition to the provisions of Section 542 of the Japanese Civil Code, we may immediately stop the Customer's use of TimeRex, delete the Customer's information, or terminate this Agreement if the Customer, or any of the related facilities, persons, corporations, or entities associated with the Customer, falls under any of the following. Termination of this agreement pursuant to this section will fall under the provisions of each item of Article 542 of the Japanese Civil Code (as long as the Civil Code has been amended by an act to partially amend the Civil Code (Act No. 44 of 2017), the same shall apply hereinafter) and the following items. Therefore, even if there is a reason attributable to us, the exercise and validity of this agreement shall not be interfered with, and Article 543 of the Japanese Civil Code shall not apply to these Terms of Service.

(1) If the Customer violates any of the provisions of these Terms of Service.

(2) When the Customer has damaged our credibility.

(3) When the Customer is subjected to a seizure, provisional seizure, provisional disposition, or tax delinquency. Or, if the Customer files for bankruptcy, civil rehabilitation, special liquidation, or corporate reorganization on its own. or if the Customer is the subject of such an allegation.

(4) If the Customer dies or is adjudicated to commence guardianship, conservatorship or assistance.

(5) When the Customer receives a surrender of a draft or check or otherwise becomes insolvent.

(6) When the Customer transfers all or a significant part of its business to another.

(7) In the event of a major change in the business environment due to a merger or split, etc.

(8) When there is a serious concern about the status of the property.

(9) When the Customer goes out of business or goes into liquidation.

(10) When you have acted to our detriment or are likely to act to our detriment.

(11) When an abusive or violent act is committed against us or our outsourcers (including employees of outsourcers).

(12) When trouble or dispute has arisen between us, and trust between us has been broken or threatened.

(13) When we determine that our participation standards are violated.

(14) If we reasonably determine that there is a likelihood that the Customer's use of TimeRex will adversely affect TimeRex's reputation.

(15) In addition, if the Customer is no longer able to fulfill the requirements of these Terms of Service.

4. The Customer shall disclose the facts, materials, etc., which Mixtend judges may affect TimeRex's credibility, etc. based on the provisions of the preceding paragraph 14, to the Mixtend at the request of the Mixtend. The Customer shall not make any objection to such disclosure.

5. If, on the termination date, a schedule has already been coordinated between the Customer and the Reservee for the day after the termination date, the Customer is responsible for meeting that schedule at their own risk.

6. The Customer may not use the Account after the day following the termination date for any reason whatsoever.You must delete any and all information registered on TimeRex by the termination date.If the Customer does not delete such information on its own, Mixtend may delete such information at any time.

7. In addition to the Terms of Service, Mixtend may terminate the Agreement for any violation of the law and the provisions of the Terms of Service by Customer.Mixtend shall then be entitled to claim damages from the Customer for damages caused to Mixtend as a result of this termination and breach.Compensation for damages includes late fees and attorney's fees.

Article 15 (Mixtend's Immunity)

1. Any meeting or scheduling of meetings between the Customer and the Reservee through the use of TimeRex is the responsibility of the Customer and the Reservee, and Mixtend shall not be responsible for the results of such meetings.

2. Mixtend makes no guarantees to its Customers about making reservations.

3. Mixtend is not responsible for the authenticity or accuracy of any information provided by the Reservee or any other matter relating to the Reservee. We do not guarantee anything. Mixtend shall not be responsible for any damage or loss suffered by the Customer based on such information.

4. Mixtend is not responsible for the unavailability of TimeRex, due to the Customer or the Reservee deleting their account with a Third party service.

5. Terms of Service and Privacy Policy for Reservees that Mixtend provides to its Customers is provided for informational purposes.Therefore, Mixtend is not responsible for any damages incurred by the Customer based on the terms and conditions for the Reservee.

Article 16 (Confidentiality)

1. The Customer shall treat any and all information disclosed by Mixtend in connection with TimeRex as confidential, except with Mixtend's prior written consent. The Customer shall not disclose or divulge to any third party and shall not use the information for any purpose other than the use of TimeRex.

2. Whenever requested by Mixtend, the Customer shall follow Mixtend's instructions and return or destroy without delay the information set forth in the preceding paragraph and any written or other recorded media material containing the information and all copies thereof.

Article 17 (Change to Terms of Service)

1. We may make changes or additions to these Terms of Service in the following cases.

(1) Where changes to these Terms of Service are in the general interest of the Customer.

(2) If the changes to the Terms of Service are not contrary to the purpose for which the contract was made, and are reasonable in light of the necessity of the changes, the reasonableness of the content after the changes, the content of the changes and other circumstances related to the changes.

2. Unless otherwise specified by Mixtend, these Terms of Service, as amended, shall be notified to Customer no later than 7 days prior to the effective date by being displayed on the screen of the TimeRex accessible device.

3. The Customer shall terminate their usage of the Software and TimeRex if they do not agree to these Terms of Service as modified. The Customer's continued use of the Software and TimeRex after the amended terms and conditions take effect shall be deemed to be acceptance of the amended terms and conditions.

Article 18 (Validity of the Terms of Service)

1. If any provision of these Terms of Service is found to be invalid under the law, the other provisions of these Terms of Service shall remain in effect.

2. If any provision of these Terms of Service in whole or in part is held invalid or revoked in relation to one Customer, these Terms of Service shall still be valid in relation to the other Customer.

Article 19 (Non-assignment of rights and obligations)

1. The Customer may not assign, transfer, encumber or otherwise dispose of its rights or obligations under this Agreement to any third party without Mixtend's prior written consent.If the right or obligation under this agreement is transferred to a third party against this section, we can immediately terminate this agreement without notice.We reserve the right to demand payment of a penalty of 300,000 yen from the Contractor.If the amount of damages actually suffered by Mixtend exceeds this amount, we may claim the amount of such damages.

2. Even if the rights or obligations under this Agreement are assigned to a third party contrary to the preceding paragraph, the Subscriber must notify the transferee in advance of the existence of the covenant prohibiting such assignment.

3. When we transfer the business related to TimeRex to a third party, and the business related to TimeRex is comprehensively transferred, We may assign TimeRex's position in these Terms of Services and Conditions, rights, obligations, Customer information, and other Customer information to any transferee or successor. And the Customer agrees to this in advance.

If we become an extinct company or a split company, and the business of TimeRex is comprehensively transferred to us through a merger or a corporate split, etc., We may assign TimeRex's position in these Terms of Services and Conditions, rights, obligations, Customer information, and other Customer information to any transferee or successor. And the Customer agrees to this in advance.

Article 20 (Survival Clause)

Articles 8.3, 10.4 and 10.5, 11 to 13, 14.5, 14.6 and 14.7, 15, 16 and 18, the preceding Article, this Article, the following Article, 22 and any other provisions that, in view of the nature of the provisions, should naturally survive the Terms and shall remain in effect after the termination of this User Agreement.

Article 21 (Governing Law・Jurisdiction)

This Terms of Service shall be governed by the laws of Japan. The exclusive jurisdiction of the court of first instance for any disputes regarding these Terms of Service shall be the Tokyo District Court Or the Tokyo Summary Court.

Article 22 (Consultation resolution)

1. If a question arises regarding the interpretation of the Terms of Service or any matter not specified in the Terms of Service, Mixtend and the Customer shall consult with each other in accordance with the principle of good faith and attempt to resolve the matter as soon as possible.

2. We and the Customer must make a written or electromagnetic record agreement to consult if the other party requests it when conducting the consultation.

Supplementary provisions:
December 17, 2019 Enactment and enforcement.
March 31, 2020 Revised.