Article 1 (General Provisions)
1. These Terms and Conditions set out the terms and conditions for using SEAGAIA Official App (hereinafter referred to as "this App") provided by Phoenix Resort Co., Ltd. (hereinafter referred to as "our company").
2. If you use the Service, you will be deemed to have agreed to these Terms and Conditions.

Article 2 (Use of the Service)
1. In order to use this app, you must register as a member of SEAGAIA PREMIUM MEMBERS CLUB (hereinafter referred to as "SPMC"), the membership program at PHOENIX SEAGAIA RESORT.
2. SPMC regulations shall be governed by the separately established "SPMC Membership Regulations/Usage Guide."

Article 3 (Additions and changes to supplementary services)
1. The Company may add services incidental to the App (hereinafter referred to as "Ancillary Services") or change the content of such services as appropriate without prior notice to the Customer.
2. When you use the service, you will comply with any additional or changed terms and conditions that apply to the service.

Article 4 (Coupons)
1. We may provide coupons to customers through this app in accordance with the conditions separately set forth by our company.
2. The conditions for issuing this coupon, the content of the services that can be received with this coupon, the expiration date of this coupon, terms of use, and other conditions will be determined separately by our company.
3. (Terms of use)
(1) Customers may use this coupon within the scope of the coupon conditions, content, and details set forth in the preceding paragraph.
(2) This coupon may only be used by the customer to whom it is issued and cannot be used by third parties. It may also not be transferred, loaned, resold, or shared with third parties.
(3) This coupon can be used by presenting the coupon screen after logging in with this app. This coupon cannot be displayed or used anywhere other than this app.
(4) The amount paid or discounted with this coupon is not eligible for Stage Miles or Points.
(5) This coupon cannot be exchanged for cash, gift certificates, or any other type of voucher.
(6) If the total amount of the bill is less than the value of this coupon, no change will be given.
(7) If the coupon cannot be displayed on the app for any reason, such as communication failure, login failure or other communication environment issues, equipment problems, or theft or loss of the device, the coupon cannot be used.
4. (Changes, cancellations, and expiration)
(1) We reserve the right to change or terminate the contents of this coupon without notice.
(2) Once this coupon has been used, it cannot be canceled for any reason.
(3) If the provision of this coupon service is suspended for reasons specified in Articles 9 and 10, if your registration to use this app is canceled for reasons specified in these Terms and Conditions, or if you cancel your registration to use this app at your own risk, all of this coupon will become invalid at that time, regardless of the expiration date of the coupon.

Article 5 (Notification)
1. Notifications from our company to customers regarding this app will be sent by email to the email address entered when registering as an SPMC member online, or by any other method that our company deems appropriate.
2. You agree in advance that if we notify you by email, the notification from us will be deemed to have been received when we send the email to the email address set forth in the preceding paragraph and you are able to view the email, or 24 hours after we send the email, whichever is earlier.

Article 6 (Age Restrictions)
If you are under 18 years of age, you will not be able to use this app because you do not meet the SPMC membership terms and conditions required to use this app.

Article 7 (Prohibited matters)
1. When using this app, you must not engage in any of the following acts:
(1) Violation of laws, regulations, court judgments, decisions or orders, or legally binding administrative measures
(2) Harming public order or good morals
(3) Providing benefits or other cooperation to antisocial forces
(4) Transferring criminal proceeds and aiding or abetting such transfers
(5) Impersonating a third party or intentionally sending false information
(6) Obtaining points fraudulently or using points for fraudulent purposes
(7) Unauthorized access or any act that encourages such access
(8) Causing the App to malfunction.
(9) Use, creation, or distribution of external tools that cause the Application to take advantage of bugs not normally intended, or that have effects not normally intended.
(10) Placing an excessive burden on the servers, computers, etc. of our company, our group companies, shops, or other customers.
(11) Sending or distributing harmful programs such as computer viruses to our company, our group companies, other customers, or other third parties.
(12) Interfering with the operation of this app
(13) Using the App for any illegal purpose
(14) Any act that violates these Terms of Use or goes against the purpose and intent of the App.
(15) Any other act that the Company deems inappropriate.
2. If you violate the provisions of the preceding paragraph, our company may take some or all of the measures set out in the following items without prior notice to you.
(1) We may suspend your use of this app and cancel your SPMC membership.
(2) To request the return of any unfairly obtained benefits, such as points or other benefits, from the customer.
3. The Company shall not be liable for any damages incurred by the Customer as a result of taking the measures set forth in the preceding paragraph.
4. If the Company incurs any loss or damage as a result of the Customer's violation of Paragraph 1, the Customer must return to the Company any profits gained by the Customer as a result of the violation and immediately compensate the Company for any damages incurred.

Article 8 (Handling of Personal Information)
We will handle personal information obtained through your use of this app appropriately in accordance with our personal information protection policy (for details, please refer to our separate privacy policy [Handling of Personal Information]).

Article 9 (Disclaimer)
1. We are not liable for any damages incurred by customers when the app is partially or completely suspended due to force majeure such as natural disasters, war, terrorism, riots, the establishment, amendment or repeal of laws and regulations, intervention or orders from government agencies, epidemics, power outages, interruptions, delays, cancellations, data loss due to failures in communication lines or computers, system maintenance, unauthorized access to data, problems with the use of app coupons, transportation accidents, labor disputes, equipment accidents, etc.
2. We do not guarantee that email content sent from our web pages, servers, domains, etc. does not contain harmful content such as computer viruses.
3. The Company shall not be liable for any damages incurred as a result of a customer's violation of these Terms and Conditions.
4. When using this App, you are required to prepare and maintain your own operating environment, including the network, computer, and software you use. We are not responsible for the maintenance of your operating environment or for any damages caused by your operating environment.
5. In the event that damages caused by our willful misconduct or gross negligence in relation to your use of this App occur, we will only compensate you for ordinary and direct damages that you have actually incurred. However, we shall not be liable for damages arising from special circumstances (including cases where the occurrence of damages was foreseeable or could have been foreseen).

Article 10 (Suspension and Termination)
The Company may suspend or terminate provision of the App or any services incidental to the App to any specific Customer or all Customers at any time without prior notice to Customers. The Company shall not be liable for any damages or disadvantages incurred by Customers as a result of the suspension or termination of the App.

Article 11 (Governing Law and Jurisdiction)
These Terms and Conditions shall be construed in accordance with the laws of Japan, and in the event that litigation regarding these Terms and Conditions becomes necessary, the Miyazaki District Court shall be the exclusive court of first instance.

Article 12 (Amendment of these Terms and Conditions)
The Company may revise these Terms at any time without prior notice to you, and the revised Terms will take effect when the Company posts the revised Terms on its official website (or on the effective date of the revised Terms if the Company sets a different effective date for the revised Terms). If you use the App after that date, you will be deemed to have agreed to the revised Terms.

Revised on March 4, 2025