PYNT Terms of Use

Nikken Sekkei Ltd (hereafter "Nikken Sekkei") is the owner and operator of the Facility "PYNT" (hereafter “Facility") and the services provided there ("Services"). The following describes the rights and obligations between Nikken Sekkei and Users with respect to PYNT use.

Article 1 - Purpose of Use
The purpose of the Facility is to enable the "gathering, thinking, and understanding of subject matter in a non-discriminatory manner regarding status, industry, title, or position" and “to solve social issues by continuing to work together with colleagues with a fresh perspective.”

Article 2 - Users
The following persons are eligible to use the Facility (hereinafter "User/Users"):

(1)	A member who has become an individual member of the Facility, in accordance with the Membership Agreement (hereinafter an "Individual Member").
(2)	A member who has become a Corporate Member of the Facility, in accordance with the Membership Agreement (hereinafter "Corporate Member"; together with Individual Members, "Members, etc."). A person designated by the Corporate Member as a User (hereinafter a "Corporate Member User") from among the officers, employees, and other Members of the Facility (hereinafter "Members, etc.") who are full-time employees of the Facility (hereinafter "Corporate Members"). However, the number of Corporate Member Users is limited to the number specified in the Membership Agreement.
(3)	Persons authorized by Nikken Sekkei to accompany an Individual Member or Corporate Member (hereinafter a "Guest"). However, the number of Guests who may accompany an Individual Member or a Corporate Member is limited to the number specified in the Membership Agreement.
(4)	Any other person who is permitted to use the Facility by Nikken Sekkei, including the management and operation of the Facility, as entrusted by the company (hereinafter the same).

Article 3 – Service Contents
The contents of this service are as follows.

(1)	Use of meeting rooms.
(2)	Use of equipment and tools.
(3)	Use of the Facility and equipment for events, etc. conducted by Members in the Facility.
*(4)	Other services as Nikken Sekkei may provide from time to time.

Article 4 - Available Hours of Use
The Facility’s available hours of use shall be determined separately.

Article 5 - Usage Fees, etc.
Nikken Sekkei shall not charge any usage fees, admission fees, or other fees for using the Facility, except for those stipulated in this Agreement and the Membership Agreement. Users who participate in events as specified in Article 3, Item 3, that require participation fees, etc., may bear those costs separately, to the event organizer, etc.

Article 6 - Compliance
In using the Facilities, Users shall agree in advance to, and comply with the following items.

(1)	Act in a cooperative manner with other Users.
(2)	Comply with the descriptions in the Facility use manual, etc. when using the Facility and equipment.
(3)	Comply with the Terms of Use, related rules and regulations, and Facility employee instructions.

Article 7 – Equipment Usage
The User must adhere to the conditions, procedures, etc. outlined in the Facility Use Manual when utilizing equipment.

Article 8 - Guest Sheets, Card Cases and Straps
In principle, Nikken Sekkei will issue a QR code (“guest sheet”) in advance for Guests and a regular pass for Members. When a User visiting the Facility presents his/her QR code or regular pass at the reception desk on the 2nd floor, Nikken Sekkei will lend him/her a guest sheet, a card case, and a strap. Users who receive these items shall agree to and comply with the following conditions in advance.

1.	They may not be loaned or transferred to another person.
2.	In the event of loss, the User shall immediately notify Nikken Sekkei.
3.	In the case of loss or damage of the card case and strap, the cost shall be borne by the User.

Article 9 - Carrying the Guest Card, etc. at All Times
When staying in the Facility, guests shall store the guest card in the card case and carry it with the strap at all times so that it can be readily verified. After using the Facility, the guest card, card case, and strap must be returned to the reception desk on the 2nd floor or to the designated location.

Article 10 - Events, etc.

1.	The User agrees that events, etc. organized by Members and held in the Facility will be carried out with the prior consent of Nikken Sekkei. Events will be held in a portion of the Facility.
2.	Nikken Sekkei will notify members as early as possible of the status of the event.
3.	If a Member wishes to hold an event in the Facility, the Member shall consult with Nikken Sekkei in advance regarding its details. If the company deems that the event is in line with the Facility’s purpose, the Member may use the portion of the Facility that Nikken Sekkei has approved for use. Actual Facility use shall be conducted in accordance with the terms and conditions of use stipulated by Nikken Sekkei.
4.	In the event that the company requests cooperation for the purpose of revitalizing the Facility or promoting mutual friendship among Members, Members are requested to cooperate to the extent possible in such events, as stipulated in this Article.
5.	For the purpose of revitalizing the Facility and promoting friendship among Members, Members are requested to fully understand that the Facility is designed to induce collaboration among Members and to promote business co-creation, and to contribute to the development of the Facility. Accordingly, Members shall cooperate as much as possible.

Article 11 - Confidentiality
Users shall not disclose, divulge, or pass on to any third party any business, technical, or other confidential information (hereinafter "Confidential Information") of Nikken Sekkei, to Corporate Members, other Users, or third parties that the User has come to know in the course of using the Facility or Services. However, the following information shall not be considered Confidential Information.

(1)	Information that is already public knowledge at the time the information is learned.
(2)	Information that was already legally in the possession of the User at the time he/she became aware of it.
(3)	Information that becomes public knowledge through no fault of the User after he/she becomes aware of it.

Article 12 - Garbage Disposal

1.	The User shall keep the space he/she uses clean at all times.
2.	The User shall dispose of garbage in the garbage bins provided in the Facility, in accordance with the Facility Use Manual, etc.

Article 13 - Handling of Lost Items
In principle, items lost or abandoned at the Facility will be stored on site. If the owner does not come to claim it after a predetermined time period, the property will be disposed of appropriately.

Article 14 - Security Cameras

The User agrees in advance to the following matters concerning security cameras:

(1)	Cameras are installed in the Facility for security purposes.
(2)	Images captured by security cameras (hereinafter "captured data") shall be stored by Nikken Sekkei or its subcontractor for a certain period of time.

Nikken Sekkei may use filming data for the purpose of confirming Facility operations, checking for violations of these rules and regulations, incidents of theft, fire, lost property, and for cooperating with police and other authorities in criminal investigations.

Article 15 - Facility Closure

Nikken Sekkei may suspend use of all or part of the Facility (hereinafter "Closing") even during the Facility's available hours if any of the following events occurs. In such cases, Users may not be able to use all or part of the Facility.

(1)	When equipment cannot be used due to malfunction, damage, maintenance, etc.
(2)	When equipment cannot be used due to the inability of the Facility's employees to respond to requests.
(3)	When the Facility is subject to periodic inspections, etc. as required by law.
(4)	When Nikken Sekkei determines that the Facility cannot be used safely by the Users due to weather conditions or disasters.
(5)	When the use of the Facility is restricted due to administrative guidance, legal stipulations, or other reasons.
(6)	In the event of renovation, equipment modification or repair, or other construction work being conducted at the Facility or its premises.
(7)	When Nikken Sekkei deems it impossible to conduct business due to an event, etc. being held on the Facility's premises.
(8)	When Nikken Sekkei occupies the Facility for its own events, etc.
(9)	When Nikken Sekkei deems it necessary to do so.

In principle, Nikken Sekkei will notify Members at least one day in advance if the Facility is scheduled to be closed. However, in case of emergency, the company is not required to give prior notice.

Article 16 - Facility Shutdown
Nikken Sekkei reserves the right to close all or part of the Facility and suspend the Service in the following situations.

(1)	When Nikken Sekkei determines that using the Facility has become difficult due to weather, disaster, etc., and that use cannot be resumed for a considerable period of time.
(2)	Nikken Sekkei deems it difficult to continue operation of the Facility from a managerial standpoint.

Article 17 - Prohibited Acts
The following acts by Users are prohibited in the Facility and its vicinity.

(1)	Entering the Facility outside available hours.
(2)	Use of the Facility after 7:00pm for persons under 16 years of age or after 10:00pm for persons under 18 years of age.
(3)	Entering off-limits areas determined by Nikken Sekkei.
(4)	Damage, destruction, or theft of Facility equipment, appliances, fixtures, or other items under Facility control.
(5)	Placing billboards, posters, or other advertising materials inside or outside the Facility without permission.
(6)	Smoking inside the Facility.
(7)	Disposing of cigarette butts, paper waste, dust, or other refuse, or leaving refuse in violation of this Facility use manual.
(8)	Duplicating guest sheets, card cases, and straps (whether or not lent by Nikken Sekkei) to enter the Facility.
(9)	Taking photographs inside the Facility without Nikken Sekkei's permission.
(10)	Making printed materials, including business cards, using the address and name of the Facility or posting them on a website or other electronic media without Nikken Sekkei's permission.
(11)	Using confidential information without permission, or disclosing or leaking such information to a third party.
(12)	Keeping animals in the Facility or bringing animals into the Facility (excluding guide dogs, hearing dogs, service dogs, etc. that have been permitted by Nikken Sekkei).
(13)	Selling goods or providing services or conducting or soliciting business in the Facility without Nikken Sekkei's permission.
(14)	Solicitation (including solicitation for group memberships), political activities, signature activities, or religious activities (except for individual religious activities such as individual worship services), whether for profit or non-profit (excluding activities that are in accordance with the purpose of the Facility).
(15)	Selling, soliciting, mediating, or engaging in any other sales activities not desired by Members, such as network businesses, MLM (multi-level marketing), pyramid schemes, insurance, information materials, etc.
(16)	Disturbing other Users or interfering with the use of the Facility.
(17)	Acts of obstructing or disturbing the business of employees of the Facility, such as holding up Facility staff through interviews, telephone calls, or other methods, without just cause.
(18)	Disturbing the order of the Facility.
(19)	Slandering or defaming other Users, Facility's employees, the Facility itself, or Nikken Sekkei.
(21)	Violent or threatening behavior toward other Users or Facility staff.
(22)	Stalking other Users or employees of the Facility, such as ambushing, following, or persistently talking to other Users or Facility staff.
(23)	Acts offensive to public order and morals, such as molestation, peeping, exposure, etc.
(24)	Transferring or receiving illegal items such as drugs or furniture in the Facility.
(25)	Bringing hazardous materials (explosives, explosive substances, or other items deemed dangerous by Nikken Sekkei) into the Facility.
(26)	Violating any laws or regulations in the Facility.
(27)	Transmitting antisocial, violent, or bizarre information.
(28)	Any other acts Nikken Sekkei deems inappropriate.

Article 18 - Refusal of Entry/Exit, and Restrictions on Facility Use
Nikken Sekkei may order the User to be prohibited from entering, leaving, or otherwise restricted from using the Facilities for any of the following reasons. Users shall immediately comply with such orders.

(1)	When Nikken Sekkei deems it necessary to restrict the use of the Facilities due to congestion or other reasons within the Facilities.
(2)	In the event that the User does not comply with the Terms of Use, related rules and regulations, and the Facility usage manual.
(3)	In the event that the User does not follow the instructions of Facility employees.
(4)	When Nikken Sekkei deems that the User will cause inconvenience to other Facility Users.
(5)	If the User has been expelled from the Facility in the past (including cases where the User committed an act that resulted in expulsion, and as a result voluntarily withdrew from Membership).
(6)	When a User has committed an act that falls under the prohibited acts stipulated in the preceding Article.
(7)	When a User falls under the category of antisocial forces (as defined in Article 21, Section 1).
(8)	In any other cases where Nikken Sekkei deems the use of the Facility to be inappropriate.

Article 19 - Compensation for Damages

1.	In the event that a Member, etc. intentionally or negligently causes damage to the Facility or items incidental to it, Nikken Sekkei, other Users, third parties, the Member shall promptly notify Nikken Sekkei.
2.	If the User causes damage to Nikken Sekkei, the User shall immediately compensate Nikken Sekkei for such damage at the User's responsibility and expense, in accordance with the company’s demand.
3.	If the User causes damage to any person other than Nikken Sekkei, the User shall deal with such damage in a sincere manner, settle the matter on his/her own responsibility, and shall not cause any trouble or damage to Nikken Sekkei.

Article 20 - Disclaimer
Nikken Sekkei shall not be liable for any damages incurred by the User due to any of the following reasons, except in the case of intentional or negligent acts. However, if Nikken Sekkei is negligent (excluding gross negligence), it shall be liable only for ordinary and direct damages actually incurred by the User.

(1)	Damages caused by natural disasters such as earthquakes and floods; the spread of infectious diseases; fire; transportation disruption; rioters or theft; malfunction, damage or IT breakdown; infrastructure and other communication equipment; and various other facilities and equipment; and accidents (including loss, damage, or data leaks and resulting direct or indirect damages).
(2)	Damage incurred by Users of the Facility or other third parties.
(3)	Damage caused by deviation from the proper use of the Facility as described in the Facility Use Manual.
(4)	Damage caused by maintenance work, repairs, alterations, etc. performed for the upkeep and preservation of the Facility's construction and equipment, etc.

Article 21 - Exclusion of Anti-social Forces, etc.

The User shall manifest and vouch for the following to Nikken Sekkei.

(1)	The User does not fall under any of the following categories: organized crime groups, companies affiliated with organized crime groups, general assemblymen, or similar persons or their Members (hereinafter, collectively "anti-social forces"), and will not fall under any of the above categories in the future.
(2)	The applicant does not allow anti-social forces to use its own name to enter into a contract of use.

In addition to the preceding paragraph, the User manifests and vouches that he/she does engage in any of the following acts, directly or indirectly, and will not engage in any such acts in the future.

(1)	Use of the Facility as an office or other base of operations for anti-social forces.
(2)	Using oneself or a third party to engage in fraudulent or violent acts, threatening language, or unreasonable demands beyond the scope of legal responsibility.
(3)	Any act that obstructs Nikken Sekkei's business or damage Nikken Sekkei's credibility by using deception or force.
(4)	Introducing capital or funds or establishing a relationship with anti-social forces, regardless of the name of the relationship.
(5)	Providing funds to anti-social forces in any name.
(6)	The involvement of anti-social forces in the Member's business.

Article 22 - Personal Data Protection

Nikken Sekkei obtains and uses the name, zip code, address, location, telephone number, e-mail address, and other information of Members and others in order to facilitate the smooth operation of the Facility. Nikken Sekkei appropriately and strictly manages personal information obtained from Users when they register as Members, use the Facility, or participate in events, in accordance with the company’s Privacy Policy. Nikken Sekkei may disclose information such as applications for events and use of the Facility only upon request from the Member himself/herself or a Corporate Member of the same corporation.
Nikken Sekkei Privacy Policy
https://www.nikken.jp/ja/privacy_policy.html

Nikken Sekkei may, with the User’s prior consent, disclose his/her information to other Users in a manner determined by the company.

Article 23 - Revision of Terms and Conditions

1.	Nikken Sekkei reserves the right to change the Terms and Conditions or establish new rules and precautions as necessary and shall notify Members of such changes in advance by a method determined by Nikken Sekkei.
2.	Any changes made in the preceding paragraph shall become effective upon expiration of the notice period.

Article 24 - Priority Application
In the event of any discrepancy between the Terms and Conditions and other rules and regulations, the Terms and Conditions shall take precedence. However, in the event of a conflict between the Terms and Conditions and the Membership Agreement, the Membership Agreement shall take precedence.

Article 25 - Dispute Resolution

1.	If a dispute arises regarding Terms of Use, Nikken Sekkei and the User shall consult with each other in good faith to resolve the dispute.
2.	In the event that the User and Nikken Sekkei fail to reach an agreement through consultation, the court having jurisdiction over the location of Nikken Sekkei shall have exclusive jurisdiction over any lawsuit related to this Agreement.

Article 26 - Governing Law
You agree to be bound by the laws of Japan with respect to this Agreement.

Article 27
These Terms and Conditions shall apply from April 7, 2023.

PYNT