These terms and conditions stipulate the terms of use for the "Shiranui Tree Ownership System" (hereinafter referred to as the "System") provided by Amakusa Nokobo Fao (hereinafter referred to as "our company"). When using this System, you must read the entire text of these terms and conditions and agree to these terms.
Regarding matters not specified in these terms and conditions,Terms of Use for Amakusa Farm Fao(hereinafter referred to as the "Original Terms") shall apply. In the event of any conflict between these Terms and the Original Terms, these Terms shall take precedence with respect to the use of the System.
Article 1 (Objectives and Contents of the System)
- This system is an agricultural experience support service aimed at allowing owners (hereinafter referred to as "Owners") to take an interest in the growth of specific Shiranui trees and share the joy of harvesting.
- We will provide the Owner with the following services in accordance with these Terms and Conditions.
- Installation of a nameplate with the owner's name (if desired)
- Regular reports on the growth status of the target trees (via LINE, email, or other methods specified by us)
- Delivery of Shiranui harvest products (hereinafter referred to as "Harvest products") according to the plan you applied for
- Other opportunities to participate in owner-only events organized by us (events are uncertain)
Article 2 (Establishment and Term of Contract)
- Anyone who wishes to use this system (hereinafter referred to as the "Applicant") must agree to these terms and conditions and the Original Terms and Conditions and apply in a manner specified by us.
- When we accept the applicant's application and confirm payment of the specified fee, the owner's agreement (hereinafter referred to as "this Agreement") will be established.
- The term of this contract shall, in principle, be from the date of contract establishment to the end of March of the following year. The detailed contract period shall be separately specified at the time of application.
- The recruitment period for this program will run from around June to the end of October, however, recruitment may close once the fixed number of applicants is reached.
Article 3 (Fees and Payment Methods)
- The Owner shall pay us a fee for each plan as a fee for using this System.
- Payment methods shall be in accordance with the provisions of the Original Terms and Conditions or a method separately specified by us.
Article 4 (Owner's Rights)
- Installation of nameplatesOwners have the right to place a nameplate with their name on it in a designated location within the farm under our management, if they wish. However, the location and design of the nameplate must follow our instructions.
- Growth status reportThe Owner has the right to receive reports on the condition of the trees during the contract period. The frequency and method of such reports will be determined by us.
- Receiving the harvest:
- The owner has the right to receive the Shiranui harvest.
- Shipping costs for the harvested goods will be borne by us (included in the price).
- The delivery date of the harvest will be decided in consultation with the owner prior to harvest.
- If we are unable to secure fruit due to natural disasters, the outbreak of pests or diseases, or other unavoidable reasons, we will provide compensation by providing Shiranui fruit of equivalent quality or a substitute product.
- Participation in owner-only events: Owners have the right to participate in owner-only events that we hold on an irregular basis (although we cannot guarantee that these events will take place).
Article 5 (Our Obligations and Responsibilities)
- Cultivation Management: We will cultivate and manage the Shiranui trees (hereinafter referred to as "Target Trees") that are the subject of the Owner with the care of a good manager. However, as a general rule, the Owner cannot specify a specific tree. The Target Trees will be assigned by us.
- Information providedWe will report to the Owner on the growth status as set out in Article 4, Paragraph 2.
- Securing the harvest: We will endeavor to secure and provide the Owner with the harvested products as specified in Article 4, Paragraph 4.
Article 6 (Owner's Obligations and Compliance)
- The Owner is obligated to pay the fees set out in Article 3 by the specified due dates.
- When visiting the farm, the owner must follow our instructions and the rules set by the farm, and must pay particular attention to safety management. In particular, the owner must abide by the following points:
- Do not intentionally damage equipment, trees, crops, etc. on the farm.
- Do not enter any area other than that designated, or perform any work without permission.
- Maintain a hygienic environment on the farm.
- If you are accompanied by someone, you are also responsible for their actions.
- The Owner must promptly notify us of any changes to the information they have provided to us, such as their name, address, or contact details.
Article 7 (About harvested products)
- The Owner acknowledges in advance that the harvested produce is a fresh produce and that the color, shape, sugar content and harvest time may vary depending on the weather and growing conditions.
- Although we are obligated to provide the harvest, we do not guarantee that the harvest will exceed the amount specified in the application plan, nor that the harvest will be of a specific quality (sugar content, size, etc.) that the Owner expects.
- If the Owner delays receipt of the harvested goods for a long period of time or refuses to receive them for reasons of their own volition, we will not be liable for any deterioration in quality or additional storage costs, and the Owner may be deemed to have waived their rights to the harvested goods.
Article 8 (Cancellation, amendment and renewal of contract)
- Termination by the ownerAfter this contract is concluded, the owner cannot cancel the contract midway through due to his/her own circumstances. In addition, any fees already paid will not be refunded. However, this does not apply if we deem it unavoidable.
- Cancellation from usIf the Owner violates these terms or the original terms, or if any other serious reason occurs that makes it difficult to continue this contract, we may terminate this contract by notifying the Owner. In this case, we will not refund any fees already paid.
- Changes to contract detailsIf it becomes necessary to change any part of the content of this System due to natural disasters, significant changes in social conditions, or other unavoidable reasons, we reserve the right to do so by notifying the Owner in advance.
- Contract renewalThis contract will end upon the expiration of the contract period and will not be automatically renewed. If you wish to continue using this system in the following fiscal years, you will need to make a new application.
Article 9 (Handling of Personal Information)
- We will handle any personal information of Owners obtained in the course of operating this System appropriately in accordance with the privacy policy set out in the Original Terms and Conditions and in accordance with the Personal Information Protection Act and other related laws and regulations.
- If an owner wishes to have their name listed on a nameplate, they are deemed to have consented to their name being displayed on the farm.
- We will use the owners' personal information to contact them regarding this program (reporting on growth status, event information, etc.).
Article 10 (Disclaimer)
- In the event that damage is caused to the Target Trees or the harvest volume or quality is significantly reduced due to natural disasters, abnormal weather, severe outbreaks of pests and diseases, the enactment, amendment or repeal of laws and regulations, administrative guidance, or other reasons beyond our control, or if the performance of our obligations under this Agreement is delayed or impossible, we will not be liable for any damages suffered by the Owner as a result thereof, except for compensation for the minimum guaranteed harvest as set forth in Article 4, Paragraph 4.
- We shall not be liable for any accidents, injuries, damages, etc. incurred by the Owner due to their own carelessness or failure to follow our instructions while visiting the farm, except in cases where we are guilty of intentional or gross negligence.
- There is no guarantee that the growth conditions of the target trees or the quality, quantity, and harvest time of the harvest will completely match the owner's subjective expectations.
Article 11 (Changes to Terms)
- If we deem it necessary, we reserve the right to change these terms and conditions at any time without prior notice to the Owner.
- The revised terms and conditions will come into effect from the time they are posted in an appropriate place on the website operated by us, and the Owner will also comply with the revised terms and conditions. If the Owner does not agree to the changes, he/she must notify us, and we will decide on a response after mutual consultation.
Article 12 (Governing Law and Jurisdiction)
- These Terms and Conditions shall be governed by Japanese law.
- In the event of any dispute between the Owner and us regarding these Terms and Conditions or this System, the Kumamoto District Court shall be the court of first instance with exclusive jurisdiction.
Enacted on May 20, 2025