Terms & Conditions
Official Cultural Tourism Guide Registration Terms
Article 1 (Purpose)
1. These Terms of Use (the “Terms”) apply to persons who use the “Official Cultural Tourism Guide Program” (the “Program”), operated by RuRu Shokai Co., Ltd. (the “Company”) under the organizational name “Cultural Edu-tourism Council,” for the purpose of becoming an Official Cultural Tourism Guide (hereinafter, “Applicants for Registration”), and to persons who have been certified as Official Cultural Tourism Guides (hereinafter, “Registered Guides”) (Applicants for Registration and Registered Guides are collectively referred to as “Users”). Users shall use the Program in accordance with the provisions of these Terms after agreeing to them.
2. The purpose of these Terms is to prescribe the requirements for registration, conditions of activity, use of names, acceptance of assignments, communication with facilities, and other necessary matters.
3. For the operation of the Program, the Company designates the Cultural Edu-tourism Council as the administrative office. Acts of the administrative office shall be deemed acts of the Company.
Article 2 (Purpose and Intent of the Program)
The Program is intended to cultivate personnel who can properly understand the official explanations, history, faith, architecture, gardens, etiquette, visitor route guidance, photography and restricted-area rules, prohibited matters, and points to note for the protection of cultural properties, as supervised by temples, shrines, Buddhist institutions, cultural facilities, and similar institutions that have cooperative agreements with the Company (hereinafter, the “Eligible Facilities”) (collectively, the “Facility-Supervised Standards”), and who can provide accurate and high-quality guidance to visitors from Japan and abroad; and to certify, register, and utilize Official Cultural Tourism Guides.
Article 3 (Nature of Certification and Registration)
1. “Certification” and “Registration” under the Program do not grant the Registered Guide any permanent or independent qualification, business right, agency authority, employment relationship, or right to use a name by the Company or any Eligible Facility.
2. Users are not employees of the Company, but independent operators who perform their work at their own discretion and responsibility. Agreement to these Terms and registration in the Program do not obligate or guarantee that the Company will place orders with, provide a number of assignments to, provide activity days to, or guarantee any amount of compensation for, Registered Guides. Where the Company places an order with a User, the administrative office shall serve as the point of contact, and a separate outsourcing agreement shall be concluded between the Company and the Registered Guide.
3. “Certification” and “Registration” under the Program are not qualifications under laws or regulations, but serve as evidence of the fact that the Company has confirmed that the Registered Guide conforms to the standards prescribed by the Company.
Article 4 (Registration Requirements, etc.)
1. An Applicant for Registration may be certified as an Official Cultural Tourism Guide and become a Registered Guide only if the Applicant studies the training materials, curriculum, and related materials prepared by the Company based on the Facility-Supervised Standards; satisfies the requirements for attendance at training, submission of assignments, role-play, on-site OJT, practical evaluation, and other requirements; and passes the certification standards established by the Company based on the Facility-Supervised Standards.
2. If the Company decides to certify a person as an Official Cultural Tourism Guide, it shall issue an “Official Cultural Tourism Guide Registration Certificate” to the Registered Guide.
3. Any person who falls under any of the following items may not become an Applicant for Registration or a Registered Guide. If, after registration, a person comes to fall under any such item or if such fact is discovered, the Company may revoke the registration pursuant to Article 15.
(1) A person who is or has a socially condemnable relationship with an organized crime group, member of an organized crime group, person for whom five years have not elapsed since ceasing to be a member of an organized crime group, quasi-member of an organized crime group, company affiliated with an organized crime group, corporate extortionist, racketeer claiming to advocate social movements, special intelligence violent group, or any other person equivalent thereto
(2) A person whose registration under these Terms has been revoked and for whom the period deemed appropriate by the Company has not yet elapsed from the date of revocation
(3) A person who made a false declaration regarding an important matter in applying for registration
(4) A minor who has not obtained the consent of a legal representative
(5) Any other person whom the Company deems inappropriate for the operation of the Program
Article 5 (Use of Names)
1. During the effective period of registration, a Registered Guide must use the name “Official Cultural Tourism Guide,” “CEC Registered Guide,” or any other name designated or approved by the Company.
2. Without prior written or electromagnetic approval from the administrative office and the relevant facility, a Registered Guide shall not use any name that may cause a misunderstanding that the Registered Guide has been certified by a specific temple, shrine, Buddhist institution, or cultural facility, is an exclusive guide thereof, or has been granted business authority thereby, including but not limited to expressions such as “Official Guide of XX Temple,” “Certified Guide of XX Temple,” or “Exclusive Guide of XX Temple.”
3. Notwithstanding the preceding two paragraphs, where there is written or electromagnetic agreement from the Company (including email), the Registered Guide may use any voluntary name other than a name designated or approved by the Company, including but not limited to “Official Guide of XX Temple,” “Certified Guide of XX Temple,” or “Exclusive Guide of XX Temple.”
4. The Company may require Registered Guides to comply with paragraphs 1 and 2 of this Article, and if there is a violation, the Company may require discontinuation of the display or take any other necessary measures.
5. Users shall not use or divert any name designated or approved by the Company in connection with these Terms, or any name used with the consent of the Company, in any business other than cooperation matters based on these Terms.
Article 6 (Use of Facility Names, Logos, Photographs, etc.)
Registered Guides shall not use the names, logos, photographs, videos, teaching materials, official explanations, illustrations, or any other information belonging to an Eligible Facility or a third party, for their own business, advertising, social media, website, business cards, sales materials, lectures, or any other purpose, unless prior approval in writing or by electromagnetic record has been obtained from the Eligible Facility through the Company.
Article 7 (Contact and Negotiation Window with Eligible Facilities)
1. Sales, guiding work, product creation, fee negotiations, reservations, media coverage, photography, project proposals, and any other business communications or coordination relating to the Program shall be conducted through the Company as the contact point.
2. A Registered Guide shall not directly solicit, negotiate acceptance of assignments with, or build a business relationship for the benefit of the Registered Guide or any third party with, any Eligible Facility with which the Registered Guide came into contact through the Program; provided, however, that this shall not apply where prior written or electromagnetic approval has been obtained from the Company.
3. If an Eligible Facility directly contacts or requests a Registered Guide, the Registered Guide shall promptly report the matter to the administrative office and respond through the Company.
Article 8 (Acceptance of Assignments and Placement of Orders)
1. For guiding work at Eligible Facilities under the Program, the Company shall coordinate with the Eligible Facilities, travel agencies, customers, and other relevant parties and select the appropriate Registered Guide for each assignment.
2. The Company shall present assignments to Registered Guides and define the details of the work through an order form or other individual agreement. The contents of an individual agreement shall include the details of the work, the date, time, and place of performance, the amount of compensation and how it is calculated, the due date and method of payment, cancellation conditions, scope of responsibility, transportation expenses, and any other matters the Company deems necessary. The due date for payment of compensation shall be set within 60 days from the date of each service provided by the Registered Guide.
3. A Registered Guide shall not, without prior approval of the Company, directly accept, directly receive compensation for, or accept through a third party, any assignment that was introduced, arranged, or relationship-formed through the Company.
4. If a Registered Guide has an ongoing business relationship with an Eligible Facility from before joining the Program, the Registered Guide shall declare this to the Company at the time of registration and obtain the Company’s prior approval regarding how it will be handled.
5. Users and the Company shall appropriately handle the details of initiatives, cost burdens, consideration, and other matters prescribed in the preceding paragraph, and shall determine such matters appropriately through separate consultation. The provisions of these Terms shall apply commonly to all individual agreements concluded between the User and the Company. If any difference or inconsistency arises between the provisions of these Terms and the provisions of an individual agreement, the provisions of the individual agreement shall prevail only where the individual agreement expressly provides that it differs from these Terms.
6. A Registered Guide shall not, without the Company’s prior written or electromagnetic approval, entrust all or part of the work related to these Terms or these Terms themselves to a third party, or have a third party perform such work in place of the Registered Guide.
Article 9 (Compliance with Guidance Content and Facility Rules)
1. Users shall comply with the Facility-Supervised Standards and the information provided by the Company.
2. If explaining personal opinions, academic theories, oral traditions, or any other information that differs from the official explanation, such information must be clearly distinguished so as not to be mistaken for the official view.
3. If an Eligible Facility notifies the Company of a change to the Facility-Supervised Standards, the Company shall notify the Registered Guide of the same, and the Registered Guide shall comply with the revised Facility-Supervised Standards from the time such notice reaches the Registered Guide.
4. Compliance with the Facility-Supervised Standards functions as a standard for ensuring the quality of guidance and does not constitute direction or supervision by the Company or any Eligible Facility over a User.
Article 10 (Confidentiality)
1. The Company and Users shall not disclose or leak to any third party any non-public information of any kind learned in connection with these Terms and the Program concerning the Company, affiliated companies of Users, business partners, clients, or other related parties, including internal facility information, cultural property management information, customer information, pricing information, and sales information (the “Confidential Information”).
2. The Company and Users shall not use Confidential Information for any purpose other than the performance of work under these Terms.
3. Notwithstanding the preceding two paragraphs, the following information shall be excluded from Confidential Information:
(1) Information that was publicly known at the time of disclosure
(2) Information already possessed at the time of disclosure
(3) Information that became publicly known after disclosure through no fault of the receiving party, or that was lawfully obtained from a third party having legitimate authority without being subject to a duty of confidentiality
(4) Information independently developed without reliance on Confidential Information
4. Notwithstanding the preceding paragraphs, if a court or administrative agency orders disclosure of the other party’s Confidential Information, or disclosure is requested pursuant to laws or regulations, such Confidential Information may be disclosed only to the extent of such order or request.
5. If these Terms terminate, or if requested by the other party, the Company and Users shall promptly return or delete the Confidential Information (including copies and modified versions) in accordance with the instructions of the other party. If requested by the other party, a written document certifying the return or disposal of the Confidential Information shall be promptly submitted.
Article 11 (Handling of Personal Information)
1. If the Company or a User receives personal information from the other party (meaning personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information), it shall keep such information confidential and shall not provide, disclose, or leak it to any third party.
2. The Company and Users shall not use personal information received from the other party in connection with these Terms or an individual agreement for any purpose other than the purpose of these Terms.
3. The Company may provide a Registered Guide’s personal information to Eligible Facilities within the scope of the purpose of the Program with the prior written or electromagnetic consent of the Registered Guide.
Article 12 (Handling of Teaching Materials, etc. and Intellectual Property Rights)
1. Teaching materials, manuals, official explanatory materials, photographs, videos, evaluation materials, and similar materials provided by the Company or an Eligible Facility may be used only for training and work performance under the Program, and may not be copied, reproduced, sold, provided to third parties, or diverted for the User’s own lectures or business without prior written or electromagnetic approval from the Company or the rights holder.
2. If registration is not achieved, if registration ends, or if registration is revoked, the User shall, if so instructed by the Company, return the teaching materials, etc., or delete them including all copies, and report completion thereof to the Company.
3. Copyrights (including the rights under Articles 27 and 28 of the Copyright Act) in reports, draft explanations, and other deliverables created by a Registered Guide in the course of these Terms and individual agreements shall belong to the Company.
4. Registered Guides shall not exercise moral rights of authors in relation to the deliverables described in the preceding paragraph against the Company or any Eligible Facility.
5. The Company and Registered Guides mutually confirm that the consideration for the intellectual property rights set forth in the preceding two paragraphs is included in the compensation prescribed in the individual agreement.
Article 13 (Business Reports)
1. Registered Guides shall submit a report on implementation after the end of each assignment by the method and deadline specified by the Company.
2. If an accident, complaint, facility rule violation, or any other important matter arises, the Registered Guide shall report it to the Company without delay, and the Company shall take necessary measures.
3. If an emergency arises in the course of performing work, the Registered Guide shall take the necessary measures with the safety of visitors and the protection of cultural properties as the highest priority, and shall contact the Eligible Facility and the Company without delay.
Article 14 (Validity Period and Renewal of Certification and Registration)
1. The validity period of registration shall be one year from the registration date stated in the Official Cultural Tourism Guide Registration Certificate.
2. Notwithstanding the preceding paragraph, if a Registered Guide satisfies the renewal conditions separately prescribed by the Company by the expiration date (meaning continuing training, renewal training, reconfirmation of facility rules, activity records, evaluation results, and any other renewal requirements specified by the Company and notified or announced to the Registered Guide in advance), and if neither party expresses any intention to the contrary by 30 days prior to the expiration date, the registration shall be renewed for a further one year on the same conditions, and the same shall apply thereafter.
3. If necessary due to circumstances of an Eligible Facility, operational changes, or other reasons, eligibility to engage in activities at a specific facility alone may be suspended or excluded from renewal.
Article 15 (Suspension and Revocation of Registration)
1. If the Company determines that a Registered Guide falls under any of the following items, the Company may suspend all or part of the registration, or revoke it, without prior notice or after setting a reasonable period for correction and requesting correction.
(1) If the Registered Guide made a false statement or materially misleading explanation
(2) If there was inappropriate treatment of visitors, harassment, or any other conduct impairing the trust of visitors or related persons
(3) If the Registered Guide violated the Facility-Supervised Standards
(4) If the Registered Guide engaged in unauthorized solicitation, direct negotiation, or direct acceptance of work with an Eligible Facility
(5) If the Registered Guide used names, logos, photographs, teaching materials, etc. without authorization
(6) If the Registered Guide leaked Confidential Information or customer information
(7) If the Registered Guide damaged the credibility of the Company or an Eligible Facility
(8) If the Registered Guide otherwise violated these Terms, an order form, or an individual agreement
2. A User or the Company may immediately terminate these Terms without demanding correction if the other party engages in any conduct falling under any of the following items:
(1) If the other party has suspended payments or become insolvent
(2) If the other party has been subject to seizure, provisional seizure, provisional disposition, commencement of auction proceedings, or delinquency disposition for public charges and taxes
(3) If the other party has filed for, or has had filed against it, commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings
(4) If there has been a material change in assets or credit condition and it is deemed likely to make performance of obligations under these Terms difficult
(5) If the other party has engaged in a criminal act or is reasonably suspected of having engaged in a criminal act
(6) If it is discovered that the other party, or its officers or employees, are an organized crime group, a member of an organized crime group, or any equivalent antisocial force, or are involved in the provision of funds or similar support to antisocial forces
(7) If conduct seriously damaging social credibility is recognized, or if there has been serious reputational damage
(8) If any cause equivalent to the foregoing items occurs
3. Notwithstanding paragraph 1 of this Article, if urgency for the protection of cultural properties or other unavoidable circumstances arise, the Company may immediately suspend or revoke registration without demanding correction.
Article 16 (Display, etc. After Termination of Registration)
1. After termination, revocation, or expiration of registration, a person must not use the names “Official Cultural Tourism Guide,” “CEC Registered Guide,” or any other name, certificate, profile display, or similar indication that suggests the person is currently registered.
2. After termination, revocation, or expiration of registration, a Registered Guide shall promptly return or delete the registration certificate and all items and information provided by the Company, if so requested by the Company.
3. With respect to any individual agreement already concluded at the time registration ends, the Registered Guide shall perform it unless otherwise instructed by the Company.
4. The provisions of Articles 3, 6 through 8, 10 through 13, and 16 through 23 of these Terms shall remain in effect even after termination, revocation, or expiration of registration.
Article 17 (Assignment of Rights and Obligations, etc.)
Users and the Company shall not assign, transfer, succeed to, or create a security interest in their status under these Terms or any rights or obligations under these Terms to any third party without the prior written consent of the other party. However, this shall not apply where the Company causes the business related to the Program to be succeeded by way of company split or other method and has notified Users in advance.
Article 18 (Force Majeure)
If a party is unable to perform its obligations under these Terms due to natural disaster, spread of infectious disease, war, civil unrest, or any other cause not attributable to that party, the party shall not be liable therefor.
Article 19 (Damages)
1. If the Company or a User suffers damage in connection with these Terms due to grounds attributable to the other party, it may claim compensation from the other party for such damage (including but not limited to direct damages, indirect damages, attorneys’ fees, and lost profits).
2. If a dispute arises with a third party in connection with these Terms, both parties shall cooperate to resolve it.
3. Notwithstanding the preceding paragraph, if the Company is subjected to a claim for damages by a third party and such claim arose in connection with these Terms, the User shall compensate the Company for all damage incurred by the Company; provided, however, that this shall not apply if such damage is due to grounds attributable to the Company.
Article 20 (Governing Law and Agreed Jurisdiction)
These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall have exclusive agreed jurisdiction as the court of first instance for disputes arising in connection with these Terms.
Article 21 (Amendment of Terms)
The Company may amend these Terms when such amendment conforms to the general interests of Users, does not contravene the purpose of these Terms, and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other circumstances related to the amendment. The amended Terms shall be notified to Users by the method prescribed by the Company. If a User uses the Program after the Terms have been amended, the User shall be deemed to have agreed to the amended Terms.
Article 22 (Changes to Registered Information)
If there is any change to a User’s name, address, contact information, supported languages, qualifications held, or any other matter notified to the Company, the User shall notify the Company without delay.
Article 23 (Matters for Consultation)
If any matter not provided for in these Terms or any question regarding interpretation arises, the User and the Company shall consult in good faith.