MIMARU Membership Program Membership Regulations
Article-1 Name of membership program
The membership program is MIMARU Membership Program and is operated by COSMOS HOTEL MANAGEMENT Co., Ltd. (the “Company”).
Within these regulations, the Company refers to COSMOS HOTEL MANAGEMENT Co., Ltd., which operates “APARTMENT HOTEL MIMARU,” “APARTMENT HOTEL MIMARU SUITES,” etc. Details about the group are publicly available on the official MIMARU website.
Article-2 General Provisions
These regulations stipulate provisions regarding use of the membership program provided by the Company.
With respect to the Company’s hotels and other services designated by the Company, the membership program provides news about special offers, in addition to point-based services, rewards, discounts, and the like ([collectively,] the “Services”).
New information regarding facilities that provide the Services, membership rewards, and the like are published on the official MIMARU website. The Company may delegate the operation of “MIMARU FAN” (tentative name) to the Company’s group companies or to third persons.
Article-3 Definition of “member”
“Member” refers to an individual who, upon accepting the contents of these regulations, applies to join [the membership program] in accordance with procedures prescribed by the Company and whose membership is approved by the Company.
Article-4 Application to become a member
Membership applications are completed upon verification of the [applicant’s] email address after [the applicant] has entered required details on the official MIMARU website. The location address that may be registered at the time of application is limited to the member’s residential address or work address in the country where the member currently resides.
Article-5 Membership status
The Company may refuse the membership of any applicant who falls under any of the items set out below, even if that applicant has made an application to join upon accepting the contents of these regulations. [The Company] is not obligated to disclose the reason for refusal of membership even if such a request is made by the applicant in question.
An applicant who, when applying, provides information that, in whole or in part, contains false information
An applicant whose name, address, or telephone number or any other contact details are unclear
An applicant who, in the past, has been subject to loss or rescission of membership status under Article [TBD]
An applicant whose membership the Company determines to be inappropriate for any other reason
Article-6 Granting of points
1. The Company grants points to members using the methods set out below that are designated by the Company.
１）Three to five days after an accommodation booking is made for APARTMENT HOTEL MIMARU using the website and the accommodation booking has been fulfilled (check-out has been conducted), [the Company] will grant 1,000 points per night of accommodation for that booking (even if two or more rooms are booked in one booking, the number of points granted will be 1,000 points per night of accommodation). If it is confirmed that the accommodation booking in question was canceled or rescinded before the accommodation booking had been fulfilled, points will not be granted.
２）[The Company] will also grant points in other cases where it recognizes that conditions for granting points determined by the Company (“Granting Conditions”) have been satisfied, and those points will be granted after the lapse of a certain period determined by the Company. If during that period the Company confirms that the action in question was deleted, rescinded, invalidated, or the like, points will not be granted.
2. The website for which points are granted, Granting Conditions, the timing for granting of points, the number of points, the effective period for points, and other terms and conditions regarding the granting of points are determined at the Company’s discretion and are notified to members by the prescribed method determined by the Company.
3. Final decisions regarding whether points are to be granted under paragraph 1, the number of points granted, and other matters concerning the granting of points are made by the Company, and the members must comply with these decisions.
Article-7 Use of points
1. Requests to use points must be made by the member in question, and requests may not be made by anyone other than that member.
１）When [points] are used, [the Company] might check whether [the person in question] is a MIMARU FAN (tentative name) member. If the Company confirms using a prescribed method that the user ID and password entered at the time of the use of points match those registered, the Company will deem that points have been used by the member in question.
２）If such an instance constitutes improper use by a third person, the Company will not reimburse the points used and will not be liable for any damage incurred by a member. A member may not combine and use points obtained using multiple MIMARU (tentative name) IDs.
３）A member may not convert points into money under any circumstances.
４）A member may not transfer or lend to a third person any points that member has obtained and holds, create a security on those points for the benefit of a third person, or take any other similar action, and those points are only valid with respect to that member.
５）A member may apply points at the rate of 1 yen per point to the payment of all or a portion of the accommodation booking charge when booking accommodation on the website (the applicable scope for that charge is designated separately by the Company; that payment, “Settlement”).
６）If a member completes Settlement without using points, then after that Settlement the member may not make any request to the Company or the counterparty to the transaction in question in relation to the use of points [for that Settlement].
７）The Company might limit services, products, and the like subject to the use of points, apply terms and conditions to the use of points (including setting an upper limit for the number of points that may be used for Settlement), and take other similar actions.
2．The Japanese yen exchange rate at a point in time stipulated by the Company will be adopted as the exchange rate for the use of points, and any fraction of less than one Japanese yen will be rounded down. The Company will not be liable for any disadvantage or advantage arising as a result [of the treatment] of fractions of less than one Japanese yen under the exchange rate.
3．If a member uses any points in a Settlement and the transaction in question is subsequently canceled, the points used in that transaction will be reimbursed, but those points will not be reimbursed as cash.
4．Even if the use of points is rescinded, in some cases those points may not be used [again], such as in a case where the effective period of those points has elapsed or where other terms and conditions for use prescribed by the Company apply.
5．A member may, by a method designated by the Company, exchange points granted to that member for certain rewards, etc. or make a donation of those points (an “Exchange” or a “Donation,” respectively). The Company might establish on the website the rewards, etc. for which an Exchange may be made or the recipients of a Donation. Details of rewards, etc., the method of Exchange, and the like will be notified to members by a method determined by the Company.
6．Types and details of rewards, etc., the number of points for which an Exchange may be made, other terms and conditions for the Exchange of points, types of Donation recipients, and points required to make Donations will be determined by the Company, and the Company may, at its discretion, newly create, amend, or terminate provisions related to such matters.
Article-8 Rescission of points
1.After the Company grants points, if Granting Conditions are not satisfied, or if there are any other grounds for the Company to determine that rescission of the granting of points is appropriate, the Company may rescind points granted as a result of the action in question.
If the Company determines that a user registered in the MIMARU Membership Programfalls under any of the following items (1) through (3),
the Company may rescind a portion of or all of the points held by that registered user without notifying the registered user in advance:
（２）if the registered user commits any violation or improper conduct within the website; or
（３）any other case where the Company determines that it is appropriate to rescind points granted to the registered user.
２．Even after a registered user uses points, the Company may retroactively rescind those points if it is discovered that any of the grounds [for rescission] set out in the preceding paragraph has arisen. In that case, the Company may demand that the registered user return rewards, etc. already obtained or pay an amount equivalent to charges to which points have been applied.
３．If illegitimate points have been granted for any reason, the Company may rescind those points.
４．The Company will not provide any kind of compensation for rescinded points and will not bear any liability with respect to rescinded points.
Article-9 Tax and expenses
If any tax or incidental expense is accrued in connection with the obtainment of points, the use of points, or an Exchange for rewards, the registered user in question must bear that tax or expense.
Article-10 Effective period for points
１．Points set out in Article 3, paragraph 1, item 1) will be effective for two years (Japan time) from the day on which an accommodation booking made at APARTMENT HOTEL MIMARU from the website is fulfilled (check-out has been conducted). Therefore, the effective period will vary depending on each accommodation booking made from the website.
２．Points set out in Article 3, paragraph 1, item 2) will be effective for two years (Japan time) from the date of granting as determined by the Company.
３．Effective periods for points may be confirmed within the website.
４．If a registered user does not use a point within that point’s effective period, the granted point will extinguish immediately upon the expiration of the effective period. The Company will not provide any kind of compensation for extinguished points and will not bear any liability with respect to extinguished points.
Article-11 Point management
１．The Company uses a prescribed method to conduct management of the number of valid points held by each member and records of the number of points obtained and used by that member and notifies the member of those details by a method determined by the Company.
２．Final decisions regarding matters related to points provided for in the preceding paragraph are made by the Company, and members must comply with those decisions.
Article-12 Changes in the Services
１．If the Company determines it is necessary, it may do the following at any time without notifying members in advance: make changes in the Services; suspend, discontinue, or interrupt the Services; change Granting Conditions or terms and conditions of use in the point service; change the number of points already granted in connection with changes to the Services; suspend or discontinue provision of rewards, etc.; or change terms and conditions [for the provision of rewards, etc.].
２．If the Company conducts suspension or the like of the Services in accordance with this Article, it will not conduct compensation for any member, unless there is any willful misconduct or gross negligence by the Company.
３．Suspension of the like of the Services in accordance with this Article will not affect any Exchange for rewards, etc. or Donation resulting from the processing of points already conducted within the point service.
Article-13 Termination of the Services
The Company may terminate the Services upon notifying the members or making a public announcement if the Company reasonably determines that the Services should be terminated as a result of the amendment or abolition of any law or ordinance, changes in social conditions, or various other circumstances. Each member must comply with methods stipulated by the Company in relation to the settling of points, validity of rewards, and the like at the time of termination of the Services.
In this case, the Company will not conduct any compensation or bear any liability in relation to termination of the Services, unless there is any willful misconduct or gross negligence by the Company.
Article-14 Loss or rescission of membership status
If a member falls under any of the items set out below, [the Company] may, at its discretion, rescind membership status without notice.
A member who loses [membership] status may not subsequently receive rewards provided for in these regulations.
The Company will not bear any liability even if a member or a third person incurs any damage as a result of that member’s membership status being rescinded.
Even if this Article is applied, the Company will not be obligated to disclose the reason for its decision.
If it is discovered that the member falls under any item of the preceding Article
If the member has provided false information in statements made to, or matters registered with, the Company
If the member has violated public morals and order or any laws or ordinances
If the Company determines that the member is considered to constitute an organized crime group, an affiliated group thereof, a member or person related to any such group, or any other similar anti-social force, any person equivalent thereto, or any member thereof
If the member commits any action that is detrimental to a third person, including the defamation of another member or third person
If the member commits any act that results, or is likely to result, in the member becoming subject to guidance to make improvements or to administrative disposition from a supervisory agency for violating any laws, ordinances, or the like or public morals and order
If the member hinders the Company’s operations or provision of the Services
If the member commits, or is likely to commit, any act that is detrimental or damaging to another member, a third person, or the Company
If the member commits, or is likely to commit any act that infringes any of the following of another member, a third person, or the Company: copyright, trademark right, or any other intellectual property right; portrait right; privacy; or any other similar right
If the member does not respond within 60 days after contact is made by the Company
If the member determines the member is not eligible for any other reason
Article-15 Treatment of double registration
One membership number is to be attributed to each member, unless otherwise permitted by the Company. The Company holds the right to consolidate multiple membership numbers into one membership number without the consent of a member if it is discovered [that member] holds multiple membership numbers.
Article-16 Notification of changes in registered details
If there is any change to a member’s registered data, the member must provide notification of the changed details without delay by email, through the use of “My Page,” or by a similar method. If rewards or the Services are not provided as a result of notification not being made, neither the Company nor the facility in question will bear liability in relation to damage incurred by the member in question.
Article-17 Withdrawal from membership
If [a member] wishes to withdraw from membership, the member in question must conduct prescribed procedures, and in that case the member’s membership will be withdrawn from the day on which registration is made to that effect in a dedicated registration system by the Company. Upon withdrawal, all coupons, points, rewards, and other similar rights will be forfeited. If a member dies, withdrawal of membership is conducted through notification by the [deceased member’s] family or a relative.
Article-18 Amendment to regulations
The Company may revise or amend these Regulations as needed by amending or deleting provisions, adding new provisions, and other similar methods without providing members with prior notice and without members’ approval. The contents of amendments will become effective upon publication on the official MIMARU website or notification to members by email. If any amendment or change is made to these regulations or the contents of the Services, [emails] will also be sent to members who have not selected the option “Receive campaign information, etc. by email”.
Article-19 Password registration and management obligation
Each member must register a password using the prescribed method.
[Each member] must manage the registered password with sufficient care to ensure that no other person comes to know the password and must endeavor to periodically change the password.
Article-20 No transfer of rights
A member may not lend, transfer, or provide as security, to a third person all or any part of that member’s status, rights, or obligations as a member.
If the business of the Company is transferred to a third person, [the Company] may, in connection with that transfer, transfer to the transferee the Company’s statuses, rights, and obligations under these regulations and the registered details and other personal information of the members, and the members accept that transfer in advance.
Article-22 Discontinuation and interruption of the Services
The Company may discontinue or interrupt provision of the Services due to maintenance work on equipment used for the Services, telecommunication line accidents, fires, power outages, epidemics, natural disasters and other events of force majeure, and in other unavoidable circumstances with respect to operation of the Services.
If [the Company] discontinues or interrupts provision of the Services, [it] will communicate to that effect to the members in advance through the Services, unless there is an urgent or unavoidable reason [not to do so].
If the Services are discontinued or interrupted, [the Company] will not for any reason bear any liability in relation to any damage suffered by any member or third person.
Article-23 Exclusion of anti-social forces
1．Each member (a) represents that the member does not currently fall under an organized crime group, an organized crime group member, a person for whom a period of five years has not elapsed since that person was an organized crime group member, a quasi-member of an organized crime group, a corporation affiliated with an organized crime group, a shareholder meeting extortionist (sokaiya) or the like, a corporate extortionist acting under the guise of a social movement or political activity (shakai undo-to hyobo goro), a group or individual that in the context of having a relationship with an organized crime group plays a key part in structural injustice using force or through a financial connection with an organized crime group (tokushu chino boryoku shudan to), or any other person similar to any of these entities (collectively, “Anti-social Forces”) and that the member does not currently fall under any of the following and (b) covenants that the member will not be an Anti-social Force or fall under any of the following in the future:
the member has a relationship through which its management is considered to be controlled by an Anti-social Force;
the member has a relationship through which an Anti-social Force is considered to be substantially involved in the member’s management;
the member has a relationship through which an Anti-social Force is considered to be unjustly used for the purpose of pursuing illicit gains for the member, the member’s company, or a third party, causing damage to a third party, or for any other similar purpose;
the member has a relationship through which it is considered to provide funds or benefits to an Anti-social Force or otherwise be involved in an Anti-social Force; or
an officer of the member or any person substantially involved in the member’s management has a socially reprehensible relationship with an Anti-social Force.
２．Each member covenants that the member will not, by himself or herself or using a third party, conduct any of the following acts:
(1) a violent demand;
(2) an unjust demand that exceeds the legal liability of that demand’s recipient;
(3) use of threatening behavior or violence in connection with a transaction;
(4) spreading of rumors or use of fraudulent means or force to damage the reputation of another party or to obstruct that other party`s operations; or
(5) any other act similar to those provided for in any of the preceding items.
３．If it is discovered that a member is an Anti-social Force or falls under any item of paragraph 1, if a member commits any act provided for under any item of the preceding paragraph, or if it is discovered that a member has made any false declarations in relation to the member’s representations and covenants under paragraph 1, then, regardless of whether the cause is attributable to the Company or not, the Company may rescind [the member’s] membership status without providing the member with any demand for remedy.
４．Each member acknowledges and accepts that if the Company rescinds the member’s membership status under the preceding paragraph, the Company will not bear any liability to provide compensation even if the member incurs damage in that case.
Article-24 Governing law; jurisdiction
[These regulations] are governed by the laws of Japan. Depending on the amount subject to litigation, the Tokyo Summary Court or the Tokyo District Court will have exclusive jurisdiction as the court of first instance over any litigation between a member and the Company.
1. The Company does not make any guarantee to any member in relation to the following:
the integrity, accuracy, efficacy, or the like of the contents of the Services; or
that the Services will not be interrupted or discontinued or subject to any other fault.
The Company will not bear any liability in relation to any damage provided for in the items set out below.
Damage incurred by a member as a result of that member not making changes to registered information
Damage incurred by a member due to unforeseen improper access or any other similar act
Damage incurred by a member due to the member violating any law or ordinance of Japan or a foreign country in connection with use of the Services
Damage incurred by a member if all or a portion of the Servicescannot be performed due to natural disaster, earthquake, fire, industrial action, embargo, war, insurrection, epidemic or the spread of infectious disease, or any other similar event of force majeure
Damage incurred by a member if trouble arises between the member and a third person in relation to use of the Services (regardless of whether within or outside the Services)
Damage incurred by a member in relation to the Servicesused by a third person due to the willful misconduct or negligence of that member
System interruptions, delays, and discontinuation and data loss due to faults in telecommunication lines, computers, and the like; faults related to use of points in the point service; damage incurred as a result of improper access to data; and other damage incurred by a member in relation to the Services
２．However, if in the point service a member incurs damage whose cause is attributable to the Company, the Company will bear liability up to an amount equivalent to the number of points in question.
Established September 6, 2023