These Terms of Service (the “Terms”) set forth the terms and conditions governing the use of all services operated or provided by Wan Da Nya Co., Ltd. (the “Company”), including websites, applications and other digital services; domestic and international transportation and transfer of pets and other animals; airport transfers; air transportation and air cargo transportation; hand-carry services; assistance with animal quarantine, import/export procedures and international relocation; procedures, arrangements and intermediary services; partner and platform services; and all other services related or incidental thereto (collectively, the “Services”).
Customers who use the Services (“Users”) shall review and agree to these Terms, the applicable Cancellation Policy, Privacy Policy, Individual Terms, and any other conditions presented by the Company before using the Services.
Article 1 (Application)
These Terms shall apply to the rights and obligations between the Company and Users with respect to all Services provided by the Company. Where the Company presents individual terms of use, conditions of carriage, notices, cancellation policies, price lists, quotations, application details or other conditions applicable to a Service (collectively, “Individual Terms”), such Individual Terms shall also apply to the use of and contracts for the relevant Service. If these Terms conflict with any conditions of carriage or other Individual Terms applicable specifically to a Service, such conditions of carriage or Individual Terms shall prevail. However, this shall not apply where the Company expressly specifies a different order of precedence before the relevant contract is concluded or where applicable law requires otherwise. Cancellations, changes to dates, times or other reservation details, refunds and any associated charges shall be governed by the Company’s separately established “Cancellation Policy.” The handling of personal information and other information concerning Users obtained in connection with the use of the Services shall be governed by the Company’s separately established “Privacy Policy.” Information regarding the business operator, fees, additional charges, payment methods and timing, timing of service provision, cancellation and refund conditions, and other matters required to be disclosed under Japan’s Act on Specified Commercial Transactions shall be set forth in the Company’s separately published “Disclosure Pursuant to the Act on Specified Commercial Transactions.” If these Terms, any Individual Terms or other conditions established by the Company conflict with applicable law, the applicable law shall prevail to the extent that different treatment is legally required.
Article 2 (Services)
The Company provides the following Services and other services related or incidental thereto: Domestic transportation and transfer of pets and other animals; Airport transfers and airport-related transportation; Arrangements and assistance relating to domestic and international air transportation and air cargo transportation; International pet transportation and overseas relocation assistance; Assistance relating to animal quarantine, import/export procedures and other required procedures; Arrangements and assistance relating to hand-carry and other transportation methods; Communications, arrangements, intermediary services or assistance involving airlines, carriers, customs brokers, veterinary hospitals, licensed professionals and other specialists, overseas agents and other third-party service providers; Arrangements and assistance relating to crates and other transportation supplies; Platform services providing reservations, order placement and acceptance, payments, communications, information and other functions between Users and Registered Providers; Websites, applications, chat and other digital services; and Other services provided by the Company. Specific service details, scope, fees and other conditions shall be as stated on the relevant service pages, price lists, quotations, application screens, reservation confirmation screens or other information presented by the Company or the applicable Service Provider.
Article 3 (Platform Services)
As part of the Services, the Company provides a platform service (the “Platform Service”) equipped with reservation, order placement and acceptance, payment, communication, information and other functions for use by Users seeking animal transportation or other services and corporations, sole proprietors or other registered service providers offering such services (“Registered Providers”). Where a Registered Provider directly accepts transportation or other work from a User through the Platform Service, the contract for such work shall be entered into directly between the User and the Registered Provider, and the Company shall not be a party to such contract. In the circumstances described in the preceding paragraph, the Company shall not be a contracting party, carrier, contractor for transportation services, or agent of the Registered Provider, nor shall the Company directly provide the relevant transportation or other services. The Company shall provide reservation, order placement and acceptance, payment, communication, information display and other system functions as the operator of the Platform Service. Each Registered Provider shall act as the service provider in its own right and shall perform its obligations under its contract with the User at its own responsibility. Each Registered Provider shall comply with all applicable laws, licenses, permits, registrations, insurance requirements, safety standards and other applicable requirements. When making a reservation or application, the User shall review the information displayed by the Company on the application screen, reservation confirmation screen or otherwise and confirm whether the provider of the relevant Service and contracting party is the Company or a Registered Provider before submitting the application. The Company shall display the identity of the Service Provider and contracting party on the application screen, reservation confirmation screen, order screen or by another appropriate method. The Company shall implement measures for quality assurance with respect to Registered Providers in accordance with the Company’s standards, including verification of qualifications, licenses, permits, registrations and insurance, as well as training and evaluation. However, such measures do not constitute a guarantee of the safety, quality, completeness or any particular result of services provided by an individual Registered Provider.
Article 4 (Applications and Formation of Contract)
Users shall apply for the Services in the manner prescribed by the Company. For Services directly provided by the Company, a contract for the relevant Service shall be formed between the Company and the User when the Company reviews the application and issues a reservation number. However, where the Company designates advance payment as a condition for contract formation, the contract shall be formed only when both the reservation number has been issued and the Company has confirmed receipt of the prescribed advance payment. For Platform Services, where a Registered Provider accepts the User’s application, a contract for the relevant Service shall be formed directly between the User and the Registered Provider when a reservation number is issued. No contract shall be formed at the stage of an inquiry, consultation, quotation request, automated response by AI or other systems, presentation of a quotation, provisional reservation, or any other stage before a reservation number is issued. Where advance payment is designated as a condition for contract formation, no contract shall be formed until the prescribed payment has been confirmed, even if a reservation number has already been issued. The Company or a Registered Provider may request additional information or documents from a User where information or documents required to review an application or provide the Service are insufficient. Before a contract is formed, the Company or a Registered Provider may, in its reasonable discretion, decline an application after taking into account safety, legal requirements, service availability, operational considerations, the animal’s health condition, available service areas and dates, facilities, personnel and other relevant circumstances. Except where disclosure is required by law, neither the Company nor the Registered Provider shall be obligated to explain or disclose the reason for declining an application. Until a reservation number has been issued, the application shall not be deemed accepted by the Company or Registered Provider, and the User shall have no right to demand performance of the Service or the securing of vehicles, personnel or other resources. The same shall apply, even after a reservation number has been issued, until the prescribed payment has been confirmed where advance payment is designated as a condition for contract formation.
Article 5 (Declarations and Provision of Information)
Users shall provide the Company or the applicable Service Provider with accurate, complete and up-to-date information necessary for application for and provision of the Services. Users shall accurately disclose in advance the animal’s species, breed, number, age, weight, health condition, medical history, medications, temperament, aggression, history of biting, risk of escape, pregnancy status and any other matters that may affect safe transportation or handling. For international transportation or Services involving quarantine or import/export procedures, Users shall also provide, by the designated deadline, the destination country or region, travel date, flight information, quarantine status, vaccination and testing status, microchip information, certificates required for import or export, and any other information or documents requested by the Company or Service Provider. If any information submitted or declared changes, is found to be incorrect or otherwise deficient, the User shall promptly notify the Company or Service Provider. Where safe provision of the Service becomes difficult due to a User’s failure to disclose information, false or inaccurate declarations, failure to disclose material information, missing or deficient documentation, delayed submission or similar circumstances, the Company or Service Provider may refuse, suspend, postpone or modify the Service. If the circumstances described in the preceding paragraph result in inability to transport, refusal of carriage, quarantine rejection, return transportation, storage, rebooking, additional transportation or other measures, any additional costs incurred may be borne by the User, except to the extent attributable to the Company or Service Provider. Where the Company, a Registered Provider or a third party suffers loss or damage due to a User’s false declaration, failure to disclose material information or other cause attributable to the User, the User shall be responsible in accordance with applicable law.
Article 6 (Fees)
Fees for the Services shall be displayed on the relevant service pages, price lists, quotations, application screens or by another method presented by the Company or Service Provider. Fees for transportation services directly provided by the Company shall be calculated in accordance with the Company’s conditions of carriage, price lists and other transportation conditions, taking into account transportation distance, required time, waiting time, species, number and weight of animals, weight and dimensions of crates and other transported items, transportation method and other relevant conditions. For air transportation, international transportation and other Services, flight details, destination, required procedures, third-party charges and other relevant factors may also be taken into account. Fees and fee conditions for transportation or other services directly provided by Registered Providers through the Platform Service shall be governed by the conditions of carriage, price lists and other contractual terms established by the relevant Registered Provider. Additional charges may arise even after a quotation has been issued or a contract has been formed where the User changes the application details, actual transportation conditions differ from the information declared, waiting time occurs, routes change or other assumptions existing at the time of contract formation change. Airfares, cargo charges, quarantine and customs-related charges, tolls, parking charges, accommodation costs, overseas agent fees and other amounts or actual expenses payable to third parties may be charged separately to the User. If amounts payable to third parties change after contract formation due to fare revisions by airlines or governmental authorities, exchange-rate fluctuations, fuel surcharges or other circumstances beyond the reasonable control of the Company or Service Provider, the User may be required to bear the resulting difference. Where the Company or Service Provider becomes aware that additional charges or expenses will arise under the preceding paragraphs, it shall, in principle, notify the User of such charges or expenses. This shall not apply where advance notice is impracticable due to safety requirements or another urgent necessity. Specific fees and expenses shall be governed by the relevant service pages, price lists, quotations, application screens, reservation confirmation screens and other conditions presented before contract formation. Fees, additional charges, payment methods and timing and other matters required to be disclosed under applicable law shall also be set forth in the Company’s “Disclosure Pursuant to the Act on Specified Commercial Transactions.”
Article 7 (Payment and Commencement of Services)
Users shall pay fees by the method and within the deadline specified by the Company or Service Provider. Payment methods may include credit card, bank transfer, cash, online payment or another method designated by the Company or Service Provider. For Services designated by the Company as requiring advance payment, the Company shall commence transportation, reservations, arrangements, orders, quarantine/import/export procedures, air transportation and other necessary work only after confirming receipt of payment. Even if a reservation number has been issued and a contract has otherwise been formed, the Company shall not be obligated to commence such work before confirming payment unless otherwise expressly stated by the Company. If the Company is unable to secure vehicles, personnel, flights, cargo space, reservation slots, quarantine or customs schedules, third-party services or other arrangements due to delayed payment or another circumstance attributable to the User, the Company does not guarantee provision of the Service under the originally anticipated conditions. In such circumstances, dates, transportation methods, flights or other Service details may be changed or rearranged. Any changes in fees or additional expenses arising therefrom shall be borne by the User, except to the extent attributable to the Company. If payment is not confirmed by the deadline specified by the Company, the Company may withhold commencement of the Service, release reservations or other arrangements, or terminate the relevant contract. Cancellation charges, expenses already incurred, refunds and other matters shall be governed by the Cancellation Policy and applicable Individual Terms. Under the Platform Service, the Company shall provide payment acceptance, collection and other payment functions for fees relating to services provided by Registered Providers. The provision of such functions does not make the Company the service provider, carrier or contracting party for the relevant transportation or other service, nor does it make the Company jointly liable with the Registered Provider for such service. This shall not affect any liability imposed on the Company by law for the Company’s own acts or omissions. Bank transfer charges and other payment-related expenses shall be borne by the User unless otherwise provided. Payment methods, payment timing and other matters required to be disclosed by law shall also be set forth in the Company’s “Disclosure Pursuant to the Act on Specified Commercial Transactions.”
Article 8 (Cancellation, Changes and Refunds)
For Services directly provided by the Company, cancellations, changes to dates or times, changes to Service details, cancellation charges, change fees and refunds after contract formation shall be governed by the Company’s Cancellation Policy and the applicable Individual Terms. For Services directly provided by a Registered Provider through the Platform Service, cancellations, changes, cancellation charges and refunds shall be governed by the conditions of carriage, cancellation terms and other contractual conditions established by the relevant Registered Provider. After reservations, orders, arrangements or other work have commenced with respect to airline tickets, air cargo, quarantine, customs clearance, accommodation, overseas agents or other third parties, cancellation charges, change fees and other expenses imposed by such third parties may arise. Amounts that are not refundable by such third parties may, to the extent permitted by law, be non-refundable to the User. Users wishing to cancel or modify a Service shall promptly contact the Company or Service Provider by the designated method. Cancellation rates, the timing at which cancellation charges arise, change fees, refund methods, refund timing, non-refundable costs and other details applicable to Services directly provided by the Company shall be set forth in the Company’s Cancellation Policy. Matters concerning cancellation, termination, refunds and other matters required to be disclosed under the Act on Specified Commercial Transactions or other applicable laws shall also be set forth in the Company’s “Disclosure Pursuant to the Act on Specified Commercial Transactions.”
Article 9 (Animal Safety and Health)
With respect to animal transportation and other Services directly provided by the Company, the Company shall regard the life, safety and health of animals as matters of primary importance. Where the Company or Service Provider determines that continuing transportation or another Service is inappropriate for the animal’s safety or health due to the animal’s physical condition, safety concerns, weather, traffic, airline decisions, quarantine requirements or other circumstances, the relevant Service may be suspended, modified or postponed. Where urgently necessary to protect an animal’s life or physical well-being, the Company or Service Provider may, after attempting to contact the User, transport the animal to a veterinary hospital or take other reasonably necessary measures. Even if the User cannot be contacted, the Company or Service Provider may take necessary measures giving priority to the animal’s life and safety where such measures are considered necessary in light of the urgency and other circumstances. Veterinary fees, examination fees, treatment costs, medication costs, emergency transportation costs and other actual expenses incurred in connection with the preceding paragraph shall be borne by the User, except to the extent attributable to the Service Provider. For Services provided by Registered Providers through the Platform Service, each Registered Provider shall, at its own responsibility, ensure the safety and health of animals.
Article 10 (International Transportation, Quarantine and Related Matters)
International transportation is subject to the laws and regulations of Japan, the destination country or region and any transit country or region, quarantine systems, customs and other governmental requirements, airline conditions of carriage and other applicable requirements. Required tests, vaccinations, microchips, certificates, import/export permits, quarantine requirements and other conditions vary depending on the destination and transit countries or regions, animal species and age, transportation method, airline and other circumstances. Users shall submit all required information and documents accurately and completely by the deadlines specified by the Company or Service Provider. Where failure to submit information or documents, deficiencies, errors, delays or other circumstances attributable to the User result in postponement or cancellation of transportation, refusal of carriage, quarantine rejection, inability to clear customs, storage, return transportation, retesting, rebooking or other measures, the associated costs shall be borne by the User, except to the extent attributable to the Company or Service Provider. Even where the Company provides procedures, guidance, arrangements or assistance relating to animal quarantine, import/export, customs clearance, air transportation or other matters, the Company does not guarantee any permit, approval, examination result, carriage, loading, import/export clearance, customs clearance or other particular outcome by any governmental authority, quarantine authority, customs authority, airline or other third party. Laws, quarantine requirements, import/export systems, airline conditions of carriage and other information may change as a result of decisions or policy changes by governmental authorities, airlines or other third parties. The Company shall use reasonable efforts to verify current information, but does not guarantee that such information will remain unchanged in the future where changes occur without prior notice or due to other circumstances beyond the Company’s reasonable control. Changes to laws, quarantine requirements, decisions by governmental authorities, customs or quarantine authorities or airlines, flight changes or other circumstances beyond the Company’s reasonable control may require changes to transportation methods, schedules, routes, required documents, fees or other conditions. If additional testing, certificates, storage, transportation, flights, procedures or other expenses become necessary as a result of the preceding paragraph, such additional expenses shall be borne by the User except to the extent attributable to the Company or Service Provider.
Article 11 (Third-Party Services)
Certain portions of the Services may be provided by airlines, carriers, customs brokers, veterinary hospitals, licensed professionals and other specialists, overseas agents, or other third parties (collectively, “Third-Party Service Providers”). Services directly provided by Third-Party Service Providers may be subject to the contractual terms, conditions of carriage, fees, cancellation terms and other terms or conditions established by the relevant Third-Party Service Provider. In connection with the provision of the Services, the Company may, at the User’s request or with the User’s consent, communicate with, make reservations with, share information with, make arrangements with, act as an intermediary with, or perform other related activities involving Third-Party Service Providers. Even where the Company introduces, communicates with, makes reservations or arrangements with, acts as an intermediary with, processes payments relating to, or otherwise handles matters involving a Third-Party Service Provider, the Company shall not thereby become the provider of the relevant third-party service, a contracting party, a carrier, or an agent of such Third-Party Service Provider. However, this shall not apply where the Company separately and expressly states that it will be a contracting party. The performance, quality, safety, fees, delays, suspension, changes and other acts or omissions relating to services directly provided by a Third-Party Service Provider shall be governed by the contractual terms applicable to such Third-Party Service Provider and applicable law. The Company shall exercise reasonable care in selecting Third-Party Service Providers; however, the Company does not guarantee the completeness, safety, quality or any particular result of services provided by any Third-Party Service Provider.
Article 12 (Prohibited Conduct)
Users shall not engage in any of the following conduct in connection with the use of the Services: (1) Violating any law, regulation or public policy; (2) Providing false information, intentionally failing to disclose material information, or using the Services by impersonating another person; (3) Intentionally concealing an animal’s health condition, aggression, history of biting or other information material to safe transportation or handling; (4) Causing any item prohibited or restricted from transportation by law, hazardous material, or other item deemed unsuitable for handling by the Company or Service Provider to be transported without prior approval; (5) Interfering, or engaging in conduct likely to interfere, with the operations of the Company, Registered Providers, partner service providers, Third-Party Service Providers or other relevant persons; (6) Engaging in violence, threats, abusive language, intimidation, discriminatory conduct, excessive demands, harassment or other inappropriate conduct toward Company personnel, drivers, Registered Providers, partner service providers or other relevant persons; (7) Making fraudulent payments, improperly using payment methods, attempting to avoid payment, or engaging in any other fraudulent conduct relating to fees or payments; (8) Gaining unauthorized access to the Company’s websites, applications or systems, imposing excessive loads on such systems, improperly obtaining or modifying data, or otherwise interfering with normal system operations; (9) Infringing the copyrights, trademarks or other intellectual property rights, privacy, reputation, credit or other rights or interests of the Company or any third party; (10) Engaging in, soliciting or agreeing to direct transactions with a User or Registered Provider learned of through the Platform Service for the purpose of improperly circumventing the Company’s systems, payment processes or prescribed transaction procedures; (11) Using the Services for purposes other than their intended purposes, for fraudulent or unlawful purposes, or for the purpose of causing harm to a third party; (12) Directly or indirectly providing benefits to, or having relationships with, organized crime groups or other anti-social forces; (13) Facilitating, assisting or attempting any conduct described in the preceding items; or (14) Engaging in any other conduct that the Company reasonably determines to be inappropriate for the operation of the Services, ensuring safety or protecting other Users. If the Company reasonably determines that a User falls under, or is likely to fall under, any of the preceding items, the Company may, without prior notice, refuse or suspend provision of the Services, cancel reservations, suspend the User’s account or take other necessary measures. This shall not apply where prior notice or other procedures are required by applicable law.
Article 13 (Suspension, Postponement and Modification of Services)
The Company or Service Provider may suspend, postpone or modify all or part of the Services in any of the following circumstances: (1) Natural events such as natural disasters, typhoons, earthquakes, floods, snowfall or extreme heat; (2) Road conditions, traffic accidents, traffic restrictions or other traffic-related circumstances; (3) Flight cancellations, delays, changes, aircraft changes or other operational circumstances; (4) Decisions, instructions, measures or other actions by governmental authorities, customs authorities, quarantine authorities or other public authorities; (5) The animal’s health condition or other circumstances considered to interfere with safe transportation or handling; (6) System failures, communication failures, failures of external services or other technical problems; (7) War, riots, terrorism, infectious diseases, strikes or other events of force majeure; or (8) Other circumstances beyond the reasonable control of the Company or Service Provider. In particular, even where air transportation or air cargo transportation has been reserved or arranged, refusal of loading, changes to the scheduled flight, offloading or failure to load as scheduled, delays, cancellations, rerouting or other changes may occur due to cargo capacity, aircraft changes, weight or size restrictions, the animal’s condition, weather conditions, operational circumstances or other factors determined by the airline. The Company does not guarantee loading onto a reserved flight, transportation on a scheduled date or time, arrival time or any other specific transportation result with respect to transportation provided by an airline or other third party. Where the Services are suspended, postponed or modified under this Article, the Company or Service Provider may consider alternative schedules, alternative transportation methods or other measures to the extent practicable, but does not guarantee the availability or provision of any alternative. Fees, additional expenses, refunds, transfers to alternative arrangements and other matters arising from suspension, postponement or modification under this Article shall be governed by Article 18 (Fees and Allocation of Risk Where Services Cannot Be Provided), the Company’s Cancellation Policy, applicable Individual Terms and the terms established by relevant Third-Party Service Providers.
Article 14 (Disclaimers and Scope of Liability)
With respect to Services directly provided by the Company, the Company shall endeavor to ensure the safety of animals and the proper performance of transportation, arrangements and other services. However, due to the nature of the Services, the Company does not guarantee transportation dates or times, transit times, loading onto flights, import or export clearance, successful completion of quarantine, customs clearance, entry into a country or region, arrival times or any other particular result. Air transportation, air cargo transportation, hand-carry services, international transportation and other Services involving third parties may be subject to the rules, contractual terms, decisions and operating procedures of airlines, cargo carriers, airports, quarantine authorities, customs authorities, governmental authorities, overseas agents and other third parties. If suspension, postponement, modification, delay, inability to transport or any other result arises from natural disasters, earthquakes, typhoons, floods, snowfall, extreme heat, traffic congestion, traffic restrictions, accidents, flight cancellations or delays, aircraft changes, loading restrictions, failure to load, decisions or measures of governmental, customs or quarantine authorities, changes in the laws, systems or quarantine requirements of exporting, importing or transit countries or regions, suspension or delay by Third-Party Service Providers, war, riots, terrorism, infectious diseases, strikes, communication failures or other circumstances beyond the Company’s reasonable control, the Company shall not be liable for resulting damages except to the extent attributable to the Company. The Company shall not be liable for changes in physical condition, illness, injury, death or other consequences arising from an animal’s health condition, pre-existing conditions, age, constitution, stress, environmental changes or other inherent characteristics or circumstances of the animal, except to the extent attributable to the Company. Where inability to transport, refusal of carriage, quarantine rejection, inability to clear customs, storage, return transportation, retesting, rebooking or other consequences result from a User’s failure to disclose information, false declarations, failure to disclose material information, missing, incorrect or deficient documents, delayed submission, inadequate vaccination, testing or quarantine requirements, or other circumstances attributable to the User, the costs arising therefrom shall be borne by the User except to the extent attributable to the Company. Even where the Company provides procedures, guidance, arrangements, intermediary services or assistance relating to quarantine, import/export, air transportation, customs clearance or other matters, the Company does not guarantee permits, approvals, examination results, transportation, loading, import/export clearance, customs clearance or any other particular result determined by governmental authorities, airlines or other third parties. With respect to damages arising from services directly provided by airlines, carriers, customs brokers, veterinary hospitals, licensed professionals or other specialists, overseas agents or other third parties, such matters shall be handled in accordance with the relevant third party’s contractual terms, conditions of carriage, other applicable conditions and applicable law, except to the extent that the damages are attributable to the Company’s own acts or omissions. Where a User suffers damages due to circumstances attributable to the Company, the Company shall be liable in accordance with applicable law, these Terms and applicable Individual Terms. The scope and limitation of the Company’s liability for damages shall be governed by Article 19 (Scope and Limitation of Liability for Damages). Any disclaimer or limitation of liability contained in this Article or elsewhere in these Terms shall not apply to damages caused by the Company’s willful misconduct or gross negligence or in any other circumstances where exclusion or limitation of liability is prohibited by applicable law.
Article 15 (Liability Relating to Platform Services)
Transportation and other contracts formed between Users and Registered Providers through the Platform Service are entered into directly between the User and the Registered Provider. The Company is not a party to such contracts, a carrier, a contractor for transportation services, or an agent of the Registered Provider. Matters arising in connection with services provided by a Registered Provider, including performance, safety management, handling of animals, delays, cancellations, fees, accidents, loss, damage and non-performance of contractual obligations, shall be handled between the User and the Registered Provider in accordance with their contract, the Registered Provider’s conditions of carriage and other contractual terms, and applicable law. The Company shall implement measures for quality assurance with respect to Registered Providers in accordance with the Company’s standards, including verification of qualifications, licenses, permits, registrations and insurance, as well as training and evaluation. However, such measures do not guarantee the content, safety, quality or any particular result of services provided by any individual Registered Provider. Where a User suffers damages as a result of an act or omission of a Registered Provider or a service provided by a Registered Provider, the Company shall not be liable for such damages, nor shall the Company be jointly liable with the Registered Provider, except to the extent attributable to the Company’s own acts or omissions. Even where the Company provides reservation, order placement and acceptance, payment, communication, information display or other functions on the Platform Service, or accepts or collects payments on behalf of a Registered Provider, this does not make the Company the provider, carrier or contracting party for the relevant service. Where an accident, complaint, dispute or other issue arises between a User and a Registered Provider, the Company may, as necessary, verify facts, provide information, coordinate communications, investigate the Registered Provider, suspend an account or Service, or take other measures reasonably necessary for operation of the Platform Service. However, the Company shall have no obligation to arbitrate or resolve the dispute or compensate for damages. This Article shall not apply where the Company itself directly accepts transportation or other work from a User and is the contracting party for the relevant Service.
Article 16 (Liability Relating to Transportation)
Where the Company enters into a transportation contract directly with a User and acts as the carrier for an animal or other item, the Company’s conditions of carriage, transportation conditions, these Terms, applicable Individual Terms and applicable law shall apply to such transportation. The Company shall perform the transportation with appropriate care from acceptance of the transportation through delivery. Where the Company acts as carrier and loss, damage, delay or other damage occurs to an animal, crate, baggage or other transported item due to circumstances attributable to the Company, the Company shall be liable in accordance with applicable law, the Company’s conditions of carriage, these Terms and applicable Individual Terms. The Company shall not be liable for illness, injury, death or other damage resulting from the animal’s inherent characteristics, health condition, pre-existing conditions, age, constitution, stress, environmental changes, natural death or other circumstances not attributable to the Company, except to the extent attributable to the Company. The Company shall not be liable for damages resulting from deficiencies in the structure, strength, size, condition or other characteristics of crates or other transportation containers provided by the User, or from a User’s failure to disclose information, false declaration, failure to disclose material information or other circumstances attributable to the User, except to the extent attributable to the Company. Where a Registered Provider performs transportation through the Platform Service, the Registered Provider shall be the carrier under the relevant transportation contract. The Registered Provider’s conditions of carriage and other contractual terms and applicable law shall apply. Liability for loss, damage, delay, accidents or other matters arising from such transportation shall be handled between the User and the Registered Provider. For any segment of transportation in which an airline or other third party acts as the carrier, the conditions of carriage, contractual terms and applicable law of that third party shall apply, and that third party shall be the carrier for such segment. The scope and limits of the Company’s liability for damages where the Company acts as carrier shall be governed by applicable law and the Company’s conditions of carriage and other transportation conditions. Matters not addressed therein shall be governed by Article 19 (Scope and Limitation of Liability for Damages), these Terms and applicable Individual Terms.
Article 17 (Non-Performance, Impossibility of Performance and Delay in Performance)
With respect to Services for which the Company is the contracting party, if the Company fails to perform a contractual obligation, or performance becomes impossible or delayed, due to circumstances attributable to the Company, the Company shall be liable in accordance with applicable law, these Terms and applicable Individual Terms. Where impossibility of performance or delay in performance results from natural disasters, traffic restrictions, flight cancellations or delays, aircraft changes, refusal of loading by an airline, decisions or measures of quarantine, customs or governmental authorities, changes in laws, systems or quarantine requirements of destination or transit countries or regions, war, infectious diseases, strikes or other circumstances beyond the Company’s reasonable control, the Company shall not be liable for damages arising from such impossibility or delay except to the extent attributable to the Company. In the circumstances described in the preceding paragraph, the Company may, to the extent practicable, consider alternative schedules, alternative transportation methods, transfers to other arrangements or other measures. However, the Company does not guarantee the securing or provision of any alternative or performance on any particular date or time. Where impossibility of performance, delay in performance, rebooking or other measures become necessary due to a User’s failure or delay in submitting documents, failure or deficiency in declarations, delayed payment or other circumstances attributable to the User, any additional costs arising therefrom shall be borne by the User except to the extent attributable to the Company. With respect to Services for which a Registered Provider is the contracting party through the Platform Service, the Registered Provider shall be responsible for non-performance, impossibility of performance or delay in performance in accordance with its contract with the User, its conditions of carriage and other contractual terms, and applicable law. The Company shall not be liable for such non-performance, impossibility or delay except to the extent attributable to the Company’s own acts or omissions. Fees, refunds, transfers to alternative arrangements and other matters arising from impossibility of performance or delay in performance under this Article shall be governed by Article 18 (Fees and Allocation of Risk Where Services Cannot Be Provided), the Company’s Cancellation Policy and applicable Individual Terms.
Article 18 (Fees and Allocation of Risk Where Services Cannot Be Provided)
If, after formation of a contract, all or part of a Service for which the Company is the contracting party becomes impossible to provide due to circumstances attributable to neither the Company nor the User, fees, refunds, transfers to alternative arrangements and other matters shall be handled in accordance with applicable law, the Company’s Cancellation Policy and applicable Individual Terms, taking into account the Services already provided, progress of work, expenses already incurred, payments made to third parties and whether refunds are available from such third parties. fees, cancellation charges, arrangement fees and other actual expenses already paid to, ordered from or arranged with airlines, quarantine authorities, customs brokers, overseas agents or other third parties and not refundable by such third parties shall, to the extent permitted by law to be borne by the User, be borne by the User and shall not be refundable. Where part of the Service has already been provided in the circumstances described in Paragraph 1, the Company shall refund any amount remaining after deducting fees corresponding to the portion already provided and expenses already incurred. However, this shall not apply where applicable law, the Cancellation Policy or Individual Terms require different treatment. Where all or part of a Service for which the Company is the contracting party cannot be provided due to circumstances attributable to the Company, the Company shall, in accordance with applicable law, these Terms and applicable Individual Terms, refund fees corresponding to the unprovided portion, provide an alternative service or take other necessary measures. Where all or part of a Service cannot be provided due to circumstances attributable to the User, fees, cancellation charges, expenses already incurred, refunds and other matters shall be governed by the Company’s Cancellation Policy and applicable Individual Terms. For Services for which a Registered Provider is the contracting party through the Platform Service, fees, refunds, transfers to alternative arrangements and other matters arising from impossibility of performance or similar circumstances shall be governed by the contract between the User and Registered Provider, the Registered Provider’s conditions of carriage, cancellation terms and other contractual conditions, and applicable law. Even where the Company accepts or collects payment through the Platform Service, the Company shall not thereby be jointly liable for refund obligations or other contractual obligations of the Registered Provider. However, this shall not affect any liability imposed on the Company by law with respect to the Company’s own acts or omissions.
Article 19 (Scope and Limitation of Liability for Damages)
Where a User suffers damages due to the Company’s ordinary negligence and the Company is liable for such damages, the Company’s liability shall be limited to ordinary and direct damages, and the total amount of liability shall not exceed the amount actually paid by the User to the Company for the Service that directly caused the damages. However, this limitation shall not apply where different provisions are set forth in the applicable conditions of carriage or applicable law for a transportation contract under which the Company acts as the carrier. With respect to damages caused by the Company’s ordinary negligence, the Company shall not, to the extent permitted by applicable law, be liable for damages arising from special circumstances, indirect damages, lost profits, loss of opportunity, claims made against the User by third parties, or other similar damages. The limitations of liability set forth in the preceding two paragraphs shall not apply to damages caused by the Company’s willful misconduct or gross negligence, or in any other circumstances where exemption or limitation of liability is not permitted under applicable law. Where the Company directly acts as the carrier, and the Company’s conditions of carriage or other transportation conditions contain provisions concerning the scope of liability for damages, the method of calculating damages, or limitations of liability, such conditions of carriage or transportation conditions shall prevail to the extent permitted by applicable law. With respect to transportation or other contracts entered into directly between a User and a Registered Provider through the Platform Service, liability for damages, the scope of such liability, the amount of damages and any limitations of liability shall be governed by the contract between the User and the Registered Provider, the Registered Provider’s conditions of carriage and other contractual terms, and applicable law. In the circumstances described in the preceding paragraph, the mere fact that the Company provides the Platform Service, payment functions or other functions shall not cause the Company to assume liability for damages arising from such transportation or other contract, nor shall the Company be jointly liable with the Registered Provider. However, this shall not affect any liability imposed on the Company by law with respect to the Company’s own acts or omissions.
Article 20 (Systems and Accounts)
Users shall properly manage their accounts, IDs, passwords, PINs and other authentication information at their own responsibility. Users shall not transfer, lend, share or permit any third party to improperly use their account or authentication information. However, where the Company permits multiple users to use an account or service on behalf of a corporation or other organization, such use shall be conducted in the manner specified by the Company. If a User becomes aware of the loss, leakage or unauthorized use of authentication information, or any other actual or potential security issue relating to the User’s account, the User shall promptly notify the Company. Actions performed using a User’s authentication information may be treated as actions performed by that User, except to the extent attributable to the Company. The Company may temporarily suspend, modify or restrict all or part of its websites, applications or other digital services where necessary for system maintenance, updates, incident response, security, functional improvements or other operational reasons. Where the Company takes any measure under the preceding paragraph, the Company shall endeavor, to the extent reasonably practicable, to notify Users in advance. However, this shall not apply where advance notice is impracticable due to emergency incident response, security requirements or other circumstances. All or part of the Services may become unavailable due to failures or suspension of communication networks, cloud services, external APIs, payment services or other systems or services provided by third parties, or due to other circumstances beyond the Company’s reasonable control. If a User violates these Terms, engages in unauthorized use, fails to pay fees, creates a security concern or if another reasonable ground exists, the Company may, as necessary, suspend the User’s use of the Services, temporarily suspend the User’s account, restrict functions or take other reasonably necessary measures. If the circumstances described in the preceding paragraph are serious, or if the User fails to remedy the issue after being requested by the Company to do so, the Company may, in accordance with applicable law, revoke the User’s eligibility to use the account or delete the account.
Article 21 (Intellectual Property Rights)
Copyrights, trademarks and other intellectual property rights relating to the Services, websites, applications, text, images, videos, logos, names, designs, manuals, training materials, databases, systems, software, programs, APIs and other content created or provided by the Company belong to the Company or to the lawful rights holder that has authorized the Company to use them. Except where permitted by law or expressly authorized by the Company, Users shall not, without the Company’s permission, reproduce, republish, modify, adapt, distribute, publicly transmit, sell, lend or otherwise use any item described in the preceding paragraph. Permission to use the Services does not constitute a transfer to the User of ownership or any other right in intellectual property owned by the Company or any third party.
Article 22 (Handling of Personal Information and Other Data)
The Company shall handle personal information and other information relating to Users obtained in connection with the provision of the Services in accordance with the Company’s separately established Privacy Policy. The Company may use such information to the extent necessary for the provision of the Services, identity verification, reservation and transportation management, payments, handling inquiries, safety management, service improvement and other purposes specified in the Privacy Policy. Where necessary for international transportation, Platform Services or the provision of other Services, the Company may, with the User’s consent or to the extent otherwise permitted by law, provide information to airlines, governmental authorities, quarantine authorities, customs authorities, customs brokers, veterinary hospitals, payment service providers, overseas agents, Registered Providers and other necessary third parties. Details concerning categories of personal information and other User information collected, purposes of use, provision to third parties, provision to third parties located outside Japan, security measures, requests for disclosure, correction, suspension of use and other rights, cookies and related matters shall be set forth in the Privacy Policy.
Article 23 (Amendments to These Terms)
The Company may amend these Terms where reasonably necessary due to amendments to laws and regulations, additions or changes to the Services, changes in the Company’s business or other circumstances, in accordance with applicable law. When amending these Terms, the Company shall notify Users of the contents of the amended Terms and the effective date by posting them on the Company’s website or application or by another appropriate method no later than the effective date. The amended Terms shall apply from the effective date announced pursuant to the preceding paragraph. Where applicable law requires the individual consent of a User to an amendment of these Terms, the Company shall obtain such consent in the manner prescribed by the Company.
Article 24 (Severability)
If any provision of these Terms, or any portion thereof, is held invalid or unenforceable under applicable law or by a court or other competent authority, the remaining provisions of these Terms and the remaining portions of the affected provision shall remain in full force and effect.
Article 25 (Governing Law, International Use and Jurisdiction)
These Terms, contracts relating to the Services, and the formation, validity, interpretation and performance of the rights and obligations between the Company and Users shall, in principle, be governed by the laws of Japan, regardless of the User’s nationality, residence or location, the place where the Services are used, the origin or destination of transportation, or any other circumstances. The preceding paragraph shall apply even where the Services are used outside Japan, involve international transportation, or are provided to Users located outside Japan. Notwithstanding the preceding two paragraphs, where mandatory laws or regulations of a destination country or region, transit country or region, or other relevant jurisdiction apply, including requirements concerning animal quarantine, import/export, customs, air transportation, animal welfare, consumer protection or other public-law or mandatory-law obligations, such laws and regulations shall be complied with. Users acknowledge in advance that transportation of animals from Japan to another country or region, or from another country or region to Japan, may be subject to laws, regulations, quarantine requirements, import/export requirements and other conditions established by the destination or transit country or region, airlines or other relevant authorities. To the extent permitted by applicable law, any dispute arising out of or relating to the Services, these Terms or any contract between the Company and a User shall be subject to the exclusive jurisdiction, as the court of first instance, of the courts of Japan having jurisdiction over the location of the Company’s head office. Nothing in this Article or elsewhere in these Terms shall exclude or restrict any right granted to a User under applicable law that cannot lawfully be excluded or restricted by contract.
Article 26 (Contact)
Inquiries concerning these Terms or the Services shall be submitted to the contact point displayed by the Company on the relevant service website, application or by another method designated by the Company, using the contact method specified by the Company. For information concerning the Company, its address and contact details, fees, additional charges, payment methods and timing, timing of service provision, cancellations, refunds and other matters required to be disclosed under Japan’s Act on Specified Commercial Transactions, please refer to the Company’s separately published “Disclosure Pursuant to the Act on Specified Commercial Transactions.”
Wan Da Nya Co., Ltd. Established: August 22, 2026