Secondary Market Terms of Use
NOT A HOTEL 2nd Co., Ltd. (hereinafter referred to as "our Company") hereby establishes the following Terms of Use (hereinafter referred to as "these Terms") governing the conditions of use for the secondary market service "MARKETPLACE" (hereinafter referred to as "the Service") provided by our Company to its customers.
Article 1 (Application)
These Terms shall apply to Customers who express their intent to purchase or sell properties (hereinafter collectively referred to as "Offers") through the Service.
By making an Offer through the Service, Customers shall be deemed to have confirmed the full text of, and agreed to, these Terms.
Article 2 (Handling of offers, etc.)
An Offer made by a Customer is merely an expression of intent and does not constitute a commission of brokerage services for a sale and purchase agreement to our Company. Our Company shall not bear the duty of a good manager or any fiduciary duty to either the seller or the buyer regarding such Offer.
Customers shall agree in advance that our Company may individually provide the buyer's Offer information (including the desired purchase price) to potential sellers.
Matching of Customers is not necessarily on a first-come, first-served basis. It shall be operated at our Company's discretion, based on the principle of prioritizing Customers whose transactions are concluded at a higher price.
Upon the formation of a formal sale and purchase agreement, the seller shall assume the obligation to deliver the property, and the buyer shall assume the obligation to pay the purchase price. After the formation of the sale and purchase agreement, it cannot be canceled for the Customer's own convenience, unless terminated in accordance with the agreement.
Article 3 (Prohibited Matters)
Customers shall not engage in the following acts when using the Service:
Acts that violate laws or public order and morals.
Acts related to criminal activities.
Acts that infringe on copyrights, trademark rights, or other intellectual property rights contained on the Service.
Acts that destroy or interfere with the functionality of our Company's servers or networks.
Commercial use of information obtained through the Service.
Acts that may interfere with the operation of our Company's services.
Unauthorized access or attempts to do so.
Collecting or accumulating personal information of other Customers.
Impersonating other Customers.
Using the Service, its Content, links to the Service, or other information in a manner that causes third-party services to be mistaken for our Company's services, or using them for profit or commercial purposes.
Providing benefits directly or indirectly to anti-social forces in relation to our Company's services.
Other acts that our Company deems inappropriate.
We may prohibit or restrict the use of the Service by customers who violate or are likely to violate the above.
Article 4 (Disclaimer and Exemption from Liability)
The Service provides opportunities for the sale and purchase of properties but does not guarantee the conclusion of a sale and purchase agreement.
Our Company does not guarantee that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, errors or bugs, rights infringement, etc.).
Our Company shall not be liable for any damage incurred by Customers due to the Service. However, if the contract between our Company and Customers regarding the Service (including these Terms) constitutes a consumer contract under the Consumer Contract Act, this exemption clause shall not apply. Even in such cases, our Company shall not be liable for damages incurred by Customers due to special circumstances (including cases where our Company or Customers foresaw or could have foreseen the occurrence of damages) arising from our Company's negligence (excluding gross negligence) in non-fulfillment of obligations or torts.
Our Company shall not be responsible for any transactions, communications, or disputes arising between Customers and other Customers or third parties in relation to the Service.
Article 5 (Changes to Service Content, etc.)
Our Company may change the content of the Service or discontinue the provision of the Service without notifying Customers, and shall not be liable for any damages incurred by Customers as a result.
Article 6 (Changes to Terms of Use)
Our Company may change these Terms at any time without notifying Customers if it deems it necessary. If a Customer starts using the Service after the changes to these Terms, the Customer is deemed to have agreed to the changed Terms.
Article 7 (Handling of Personal Information)
Our Company shall handle personal information obtained through the use of the Service appropriately in accordance with our "Privacy Policy."
Article 8 (Notifications and Communications)
Notifications or communications between Customers and our Company shall be conducted by the method specified by our Company. Unless otherwise specified by our Company, we will consider the currently registered contact information as valid and send notifications or communications to that contact information, and these will be deemed to have reached the Customer at the time of transmission.
Article 9 (Prohibition of Transfer of Rights and Obligations)
Customers may not transfer their position under the usage contract or their rights or obligations under these Terms to third parties or offer them as collateral without prior written consent from our Company.
Article 10 (Governing Law and Jurisdiction)
The interpretation of these Terms shall be governed by Japanese law. In the event of a dispute regarding the Service, the court having jurisdiction over the location of our Company's head office shall be the exclusive agreed jurisdictional court.
Established on October 31, 2025