These DiDi Service Terms of Use (for Passengers) (these “Terms of Use”) apply to the Use Agreement (the “Agreement”) for the Services (defined in Article 1, Item (3)) that will be executed by and between a User (defined in Article 1, Item (2)) and DiDi Mobility Japan Corp. (the “Company”) regarding registration with the App (defined in Article 1, Item (1)), the provision of the Services to User through the App, and other related matters. A person who registers on the App will be deemed to have consented to these Terms of Use, and the Agreement will be formed at the point in time use of the Services is commenced.
Article 1: Definitions
(1) “App” means the application software named “DiDi” that is necessary for the Company to provide the Services to User.
(2) “User” means a person who, after downloading and installing the App, consents to these Terms of Use.
(3) “Services” means the provision of information concerning taxi companies (including Hire companies, hereinafter the same) to a User through the App (including without limitation information regarding drivers and vehicles), provision of information related to requests for taxi dispatches by a User to taxi companies, and other services provided to a User as a function of the App.
(4) “Dispatch Decision” means notification to a User on the order completion screen on the App of the expected arrival time of the vehicle.
Article 2: Understanding These Terms of Use
1. Before registering on the App, a User must read these Terms of Use carefully and fully understand the terms set forth herein. Notices related to the Agreement, privacy policies, and other rules the Company stipulates in relation to the Agreement (collectively “Related Rules”) are supplementary to and an integral part of these Terms of Use, and are legally enforceable in the same way as these Terms of Use. Before commencing use of the Services, a User must consent to these Terms of Use. By inputting information prescribed by the Company and completing procedures prescribed by the Company, a User will be deemed to have read and fully understood all of these Terms of Use and consented to the entire content of these Terms of Use. Any User who does not consent to any portion of these Terms of Use must discontinue registration procedures and use of the Services immediately.
2. Users must carefully read and fully understand these Terms of Use, the Related Rules, and other notifications on the App. Any User without complete capacity for civil action must read these Terms of Use in the presence of his or her legal guardian.
Article 3: User Accounts
1. When a User completes registration on the App, the Company approves such registration, and the Agreement is executed, the Company will grant a user account to the User. Until the Company or the User cancels or terminate the Agreement, the User will have the right to use such account. The right to use the account belongs only to the User, and cannot be assigned in any manner (including without limitation by giving, leasing, lending, or selling). Users are responsible for keeping their user account and password safe, and will be liable for any conduct carried out after the input of their password, regardless of whether such conduct was carried out by the User or a third party instead of the User.
2. If the person who will receive passenger transport services (“Passenger”) differs from the User (“Third Party Use”), the User will explain these Terms of Use to the Passenger and ensure that the Passenger consents in advance to these Terms of Use, and the User will bear all liability that arises from any violation of these Terms of Use by the Passenger or otherwise from the provision of passenger transport services for the Passengers related to the vehicle dispatch request of such Third Party Use.
3. If a User learns that a third party illegally used his/her user account, the User must immediately notify the Company. The User will bear all obligations that arise for any reason from a third party’s use of the User’s user account and password, and the Company will not bear any liability in regards thereto. The User agrees to compensate the Company for all damages it may suffer as a result of such illegal use.
Article 4: Method of Requesting Vehicle Dispatch and Dispatch Refusal Reasons
1. Using the App in a manner designated by the Company, a User can request dispatch of a taxi to a place designated by the User on a date and at a time designated by the User; however, a User must not request a vehicle dispatch that falls under any of the following categories, and if the Company determines that the User’s request for a vehicle dispatch falls under any of the following, or the taxi company which the User designates has no taxis in inventory (meaning the number of taxis that the taxi company determines can, at the point in time of such vehicle dispatch request, pick up a passenger in accordance with the vehicle dispatch request made on the App), there may be cases where a vehicle dispatch request cannot be made.
(1) A vehicle dispatch request in a form that violates these Terms of Use;
(2) A vehicle dispatch request by a person who has violated these Terms of Use in the past;
(3) A vehicle dispatch request from a specific User which the taxi company has requested to refuse;
(4) A vehicle dispatch request by a User who has cancelled dispatch requests several times in the past (meaning the fact of a User not riding a taxi that was actually dispatched based on a vehicle dispatch request from such User, regardless of whether the taxi company or the Company was contacted in advance of cancellation and regardless of the reason; hereinafter the same);
(5) A vehicle dispatch request by a User in a form that violates or is likely to violate the Related Rules.
(6) A vehicle dispatch request after registration of a settlement method that was rejected for any reason in the past;
(7) A vehicle dispatch request in a state that contains errors or falsehoods in the information that the Company requires to input at time of registration (including but not limited to the name of credit card holder, credit card number, and expiration date); or
(8) Any other vehicle dispatch request in a form or manner that the Company determines to be inappropriate.
2. If a User requests a vehicle dispatch on the App, after the Dispatch Decision, the destination cannot be changed on the App.
3. The Company makes no warranties in relation to vehicle dispatch requests, and owes no duty to compensate for any damage suffered by a User from use of the App.
4. If after a taxi that receives a dispatch request arrives at the pick-up point designated by a User, the User does not appear at the pick-up point for a certain period of time, the Company can deem that such vehicle dispatch request has been cancelled.
Article 5: Payment of Charges
1. A User shall acknowledge the following in relation to receipt of passenger transport services from a taxi company through the Services.
(1) When, for the provision of the Services by the Company, a taxi is sent for pick-up by a taxi company in response to a User’s vehicle dispatch request, and passenger transport services are provided to the User by the taxi company, the User must receive provision of such passenger transport services under his/her name, at his/her own cost, and under his/her responsibility.
(2) Fares, waiting charges, pick-up fees, highway tolls, parking charges, sightseeing guide charges, and other consideration for passenger transport services (“Fares etc.”) shall be paid by the User to the respective taxi company; however, if a User intends to use electronic settlement services pursuant to these Terms of Use or electronic settlement services subscribed by the respective taxi companies, Fares etc. must be paid in accordance with the provisions of the applicable terms of use.
(3) If the User selects the reservation function, car selection function, etc. on the App, User shall pay a fee (“Service Fee”) designated by the Company on the APP in addition to the Fares etc in accordance with the above (2).
(4) If a User cancels after a Dispatch Decision, the User must pay a cancellation fee designated by the Company (“Cancellation Fee”) to the Company according to the payment method selected by the User.
(5) In addition, if the User uses the Services upon consenting to terms presented separately within the App, the User shall pay the fees in accordance with such terms.
(6) The Company will not bear any liability in regard to the provision of passenger transport services to a User by taxi companies. Further, the taxi companies will provide passenger transport services under their own responsibility, and unless explicitly specified in these Terms of Use, the Company will not be involved in any way with the provision of passenger transport services by the taxi companies. 2. The Company shall issue a receipt for the Fares etc. and Service Fees etc. to the Users via the App according to the information entered on the App by the taxi companies.
Article 6: Reservations
1. If the Company receives a reservation, the Company will notify the User via text message, transmitting an email to the email address designated beforehand by User, or by other means (“Confirmation Notice”). At the point in time the Confirmation Notice reaches the User or at the point in time the details of the relevant vehicle dispatch request can be confirmed, a vehicle dispatch reservation will be established. 2. If a User does not appear at the pick-up point for a certain period of time, the vehicle dispatch reservation by such User may be cancelled.
Article 7: Use of Electronic Settlements
1. A User can pay Fares etc., Cancellation Fees, Service Fees etc., and other charges for the Services by electronic settlement services designated by the Company. A User who wishes to use electronic settlement services must so register on the App in the manner prescribed by the Company.
2. Any User who wishes to use electronic settlement services must comply with these Terms of Use, and in addition, depending on the settlement method, the User must comply with rules concerning the use of such settlement method specified by the providers of the relevant electronic settlement services (including but not limited to credit card companies and telecommunication business operators (“Settlement Services Providers”)) and the content of agreements related to the relevant settlement method (“Settlement etc. Rules”) before using electronic settlement services.
Article 8: Change of Reservations
If after making a vehicle dispatch request on the App, a User wishes to change the vehicle dispatch request, the User must cancel such dispatch request using the App, and make another dispatch request. Whether a vehicle can actually be dispatched based on the new vehicle dispatch request will depend on the circumstances at the time of such new vehicle dispatch request, and even if the User suffers damage because no vehicles were dispatched based on such new request, the Company will not be liable. Further, if at the point in time a vehicle dispatch request is cancelled, a Dispatch Decision has already been made, the User will pay a Cancellation Fee etc. pursuant to Article 5
Article 9: Method of Verification at the Time of Boarding
Users acknowledge that at the time of boarding, the identity of the User will be verified in a manner designated by the Company. If a taxi company’s driver cannot verify the identity of a User, in principle, there may be cases where the User will not be able to board the vehicle (in the case of Third Party Use, the “User” in this Article 9 shall be read as the person who will board the taxi).
Article 10: Settlement
1.If a User who uses electronic settlement services owes any duty to pay Fares etc., in accordance with the specifications of the Company and the taxi company, the User must pay Fares etc. and Service Fees etc. using a settlement method registered by the User before the next trip. Handling of sales related to the use of electronic settlement services, the timing for invoicing a User for charges, details of invoices, and closing of book dates etc. will be in accordance with arrangements between the settlement services provider and the Company or the taxi company, and the Related Rules.
2.Electronic settlement services can only be used in the name of the User. Even in the case of Third Party Use, the User with the account from which the relevant vehicle dispatch request was made will pay the Fares etc.
Article 11: Use of Coupons
1.Users may qualify for a discount on Fares pertaining to the Services by using coupons issued by the Company (including by way of direct issuance to the User’s account and provision of coupon codes, hereafter shall mean the same.).2.The Company is entitled to prohibit, refuse or revoke the use of coupons by Users at the discretion of the Company any time prior to or after the Dispatch Decision or prior to or after the ride if Users have acted in any one of the following manner:
(1)Acquired or is suspected of having acquired the coupon in an unauthorized manner;
(2)Violated these Terms of Use or the terms of related rules;
(3)Requested a vehicle dispatch in a manner described under one of the items under Article 4, Paragraph 1;
(4)Made payments via a stolen credit card or other unauthorized methods or payment via such unauthorized methods is suspected;
(5)Other behaviors deemed inappropriate by the Company.
Article 12: Compliance Matters
In the use of the Services, a User must comply with the following:
(1) Comply with laws, regulations, and administrative rules etc.;
(2) Comply with the provisions of these Terms of Use and Related Rules;
(3) Not use the Services for illegal purposes;
(4) Not use the Services in a manner that will harm the Company’s commercial interests (including without limitation posting advertisements without the Company’s permission)
(5) Not use the Services in a manner or for a purpose that will have an adverse impact on normal operations of the Services;
(6) Not file with the Company or upload false information, information that will inconvenience a person or that can be found to be defamatory, offensive or threatening, vulgar or obscene data, or any other illegal information or data, or use the Services for the purpose of displaying or disseminating such information or data etc.;
(7) Not infringe on any patent rights, copyrights, trademarks or any other intellectual property rights, or any other valid rights or interests of a third party;
(8) Not use the Services for the purpose of engaging in any conduct that will be detrimental to the Company;
(9) Not make vehicle dispatch requests that can be suspected of being a double dispatch (meaning for the same user to make more than one vehicle dispatch request during substantially the same periods of time for same user);
(10) Not make a vehicle dispatch request containing false information;
(11) Not grant a license or a secondary license to a third party with respect to the Services or the App, or sell, resell, transfer, assign, distribute, or otherwise commercially use or provide to a third party in any other manner, the Services or the App;
(12) Not modify the Services or the App, or create any derivative work based on the Services or the App;
(13) Not create a link to the Services or the Company’s website on the internet, or frame or mirror the App on any other server, wireless device, or a device that uses the internet, without the Company’s prior written consent;
(14) Not design or manufacture any products or services that compete with or are similar to the Services or the App, or in order to imitate any ideas, specifications, functions or graphics of the Services or the App, engage in any reverse engineering of applications or access applications;
(15) Not implement any automatic programs, automatic scripts, or other programs that make more than one server request per second, or implement any automatic programs, automatic scripts, or other programs that impose an unreasonable burden on or hinder the operation, implementation, and/or movement of the Services or the App;
(16) Not repeatedly send spam or any other messages in a manner that violates applicable laws, or send unsolicited messages;
(17) Not send or keep data that are harmful to children, data that invade the right to privacy of third parties, data that can be found to be obscene, threatening, or defamatory, any other illegal data, or any other data that infringe on the rights of third parties;
(18) Not send or keep data that contain software viruses, worms, Trojan horses, or any other harmful computer codes, files, scripts, agents, or programs;
(19) Not interfere with or impede the integrity, operation or implementation of the Company’s website, applications, services, or data included in the foregoing; or
(20) Not attempt to access without authorization the Company’s website, applications, services, or related systems or networks.
Article 13: Modification, Suspension, and Termination of the Services
1. If any of the following occurs, the Company will at any time be entitled to suspend, discontinue or terminate the provision of all or some the Services to a User. Even if the User suffers damage from measures taken by the Company pursuant to this Article 13, the Company will not bear any liability.
(1) If a User violates these Terms of Use;
(2) If periodic or emergency inspection or maintenance work of computer systems related to the App is to be carried out;
(3) If the computer or communication line etc. related to the Services are suspended accidentally;
(4) If because of fire, power outage, natural calamity, or other force majeure event, the Services cannot be provided;
(5) If all or part of the Services is discontinued; or
(6) If the Company otherwise determines that suspension, discontinuation, or termination is appropriate.
2. A User must not use his/her user account in a manner that violates laws and regulations or infringes on the valid rights or interests of a third party. If such a violation or infringement occurs, the User will bear any legal liability that results from such violation or infringement, and the Company will have the right to prohibit use of the Services by the User, and the right to provide, in accordance with related laws and regulations, related information to the government, court, and related authorities. The User will indemnify the Company for any damage suffered by the Company in relation to the foregoing.
3. If any of the following applies to a User, the User may not use the Services. In addition, the Company will be entitled to suspend the use of the Services by such User, and the User must promptly uninstall or delete by another method the App from the corresponding terminal device that is in the possession of or under the management of the User. The Company will not bear any liability for damage suffered by the User from measures taken by the Company under this Article 13.
(1) If the User breaches any provisions of these Terms of Use;
(2) If the User falls into a state of suspension of payments or inability to pay, or a petition is filed for the commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or commencement of any other similar proceedings;
(3) If a note or check that is drawn or underwritten by the User is dishonored, or a User is subject to a sanction of suspension of payments or other similar measures by a money clearing house;
(4) If a petition is filed for attachment, provisional attachment, provisional disposition, compulsory enforcement, or auction;
(5) If the User is subject to collection procedures for delinquent taxes or public charges;
(6) If the User dies, or is subject to an order for commencement of guardianship, commencement of curatorship, or commencement of assistance; or
(7) If the Company otherwise determines that continuation of registration of the User as a User is not appropriate.
4. If the provision of the Services by the Company is terminated pursuant to the provision prescribed in any one of the items under Paragraph 1 or if any one of the events described in the items under Paragraph 3 occurs, the Agreement shall terminate; provided that, if part of the Services is terminated pursuant to the provision of Item 5 or Item 6 under Paragraph 1, the Agreement shall remain in force excluding the terminated part of the Services.
Article 14: Consent to Provision of Commercial Information
Users consent, in the provision of the Services by the Company, to the posting of advertisements and other commercial information of the Company and third parties on the App. In addition, Users consent to receiving sales promotion information for products and other related commercial information sent through e-mails, text messages, and push messages on the App etc.. By requesting discontinuation of transmission of such e-mails, text messages, or push messages, Users can stop receiving the foregoing information. Further, Users agree that the Company will not bear any responsibility with respect to the content of such advertisements etc., and agree to make judgments under his/her own responsibility on matters such as the accuracy of such advertisement etc., and the quality of products and services related to such advertisements.
Article 15: Use History Information
If a User violates any provision of these Terms of Use in the use of the Services, the Company will have the right to demand that the User cure his/her violation or take necessary measures (including without limitation revision or deletion of information posted by the User, or suspension or termination of the User’s right to use the services to mitigate the impact from the User’s improper conduct). Obligations to third parties that arise from a User’s conduct will be borne by the User, and the Company will not bear any liability with respect to such obligations.
Article 16: Provision of Trip Information
When using the App as a Passenger, a User must provide true and accurate trip information.
Article 17: Personal Information
A User’s personal information (in addition to personal information specified in Article 2, Paragraph 1 of the Act Concerning the Protection of Personal Information, including location information and a User’s history of use of the Services; hereinafter the same) that the Company acquires relating to the provision of the Services will be handled in accordance with the Privacy Policy separately stipulated by the Company, and Users consent to the Company’s Privacy Policy in the use of the Services. If a User requests a taxi dispatch in a manner specified in these Terms of Use, to the extent necessary to realize the dispatch in accordance with such dispatch request, the User entrusts the Company to provide the User’s personal information designated by the Company to taxi companies and other businesses, and with such entrustment, the Company will provide, on behalf of the User, the User’s personal information to taxi companies and other businesses.
Article 18: Allocation of Responsibilities Related to Equipment
For the provision of the Services by the Company, Users acknowledge the following allocation of responsibilities regarding equipment etc.
(1) Preparation and maintenance of the corresponding terminal devices, computers, software, other equipment, communication line, and other communication environment etc. necessary for downloading the App and receiving provision of the Services will be done at the cost of, and under the responsibility of, the User.
(2) In accordance with the use environment of the Services, a User will take security measures to protect against computer viruses, prevention of unauthorized access, and prevention of information divulgence etc., at the User’s own cost and under the User’s responsibility.
(3) When commencing the use of the Services and while using the Services, if a User intends to install the App in the User’s corresponding terminal device, the User must be very careful to ensure that information in the User’s possession is not erased or altered, and that there is no breakage or damage etc. to the User’s equipment; the Company will not bear any liability for any damage that the User suffers.
(4) Even if, for operational reasons, the Company retains for a certain period of time any message or other information that a User sends or receives, the Company will not owe any duty to retain such message, and the Company can delete such information at any time. The Company will not bear any liability for any damage that the User suffers from the deletion of such information.
Article 19: Attribution of Rights
1. A User acknowledges that following with respect to the attribution of rights related to the Services.
(1) All intellectual property rights and other rights related to the App and the Services belong to the Company or persons who have granted licenses to the Company, and unless otherwise explicitly specified in these Terms of Use, the permission to use the App and the provision of the Services will not constitute an assignment or a license of intellectual property rights related to the App or the Services of the Company or persons who have granted licenses to the Company.
(2) Writings, images, videos, and other data that a User posts or otherwise transmits on the App or through the Services can be used by the Company freely without charge (including reproducing, copying, altering, sublicensing to third parties, and other uses).
2. All intellectual property rights for the App (including without limitation all related information, including without limitation copyrights, trademarks, patent rights, trade secrets, text expressions and combinations thereof, icons, designs, charts, colors, interface designs, layout framework, related data, printed material, and electronic documents) are protected under Japanese laws and regulations, related international treaties, and other intellectual property rights laws and regulations, and the Company has acquired the right to own or use such intellectual property rights.
3 Without the Company’s prior written consent, a User must not exercise, use or assign the foregoing intellectual property rights for profit or nonprofit purposes, or cause a third party to exercise, use or assign such intellectual property rights. If a User engages in any such conduct without the Company’s prior written consent, the Company will be entitled to demand compensation for damage and take other measures against the User.
Article 20: Permits and Licenses
1. Subject to the condition that a User consents to and complies with these Terms of Use, the Company grants to the User a limited and non-assignable license to download and install the App on a device in the possession or under the management of the User, and to use the App for personal purposes.
2. To the maximum extent permitted by law, the Company has the right to investigate any violation of the foregoing, and to institute litigation for such violation. The Company will be entitled to participate in any litigation against a User who breaches the Agreement, and to assist law enforcement agencies in connection with such litigation. If the Company discovers any content that breaches the Agreement, or that is harmful to the Company’s website, and/or the Services contained in the same, or the App, without additional notice, the Company will have the right to delete such content or prohibit access to such content at any time.
Article 21: Disclaimers
1. Users explicitly agree to bearing all risk related to their use of the Services and all results from such use, and agree that the Company will not bear any liability to Users in relation to the foregoing.
2. As availability of taxis for dispatch is affected by weather, traffic conditions, taxi inventory, and other circumstances not under the Company’s control, the Company makes no warranty that a taxi will arrive for pick-up at the planned arrival time and place that the User was notified of at the time of the Dispatch Decision, and even if the vehicle dispatch is delayed, the Company will bear no liability. The Services are provided in as-is condition, and the Company makes no warranties regarding the Services, including the optimality of the presented travel route, suitability for specific purposes, commercial usefulness, completeness, or continuity.
3. The Company makes no warranties in relation to the provision of the Services, including any warranties regarding timeliness, safety or accuracy, and will bear no liability for any direct, indirect, ancillary, special or derivative damage or risk that arises from the use or non-use of the App.
4. Users consent to the Company’s not bearing any liability for any defect in the quality of the following products or services that the Company provides to Users, or for damage that arises from such defect:
(1) Services that the Company provides to Users for free;
(2) Products that the Company gives to Users; and
(3) Products or services that the Company provides to Users as premiums.
5. The function that provides the App follows Japanese road traffic laws, regulations, and administrative rules, and if there is any conflict between such function and local road traffic laws, regulations, or administrative rules, the User consents to the latter prevailing. If through the Services, a User directly or indirectly violates local road traffic laws, regulations, or administrative rules, the User will bear liability for the same. In such a case, in accordance with the demand of related authorities, the Company will be entitled to submit information that falls under this paragraph to the related authorities as evidence, and the User consents to such submission.
6. Users must understand the importance of safe driving, and agree not to use the Services in a situation where there is a possibility of safety issues. Users acknowledge that the driver or the taxi company will be responsible for any safety issues that arise from the use of the Services and any dispute or traffic accident that arises as a result, and that the Company will not bear any responsibility. In such a case, in accordance with the demand of related authorities, the Company will be entitled to submit information that falls under this paragraph to the related authorities as evidence.
7. Users agree that the Company will not owe any responsibility with respect to any problems that arise between a User and the taxi company or driver (including without limitation a case where the User loses a personal item in a taxi, or the driver erroneously calculates the amount of time required for transport), regardless of whether there was any prior notice to the Company. All disputes that fall under this paragraph will be resolved between the User and the taxi company or the driver.
8. Even if a User directly or indirectly obtains any information related to another User of the App, services of taxi companies, or other matters, the Company makes no warranties to a User beyond the content of the provisions of these Terms of Use. Services that calculate estimated Fares etc. may be provided on the Company’s website or the App, but such estimated Fares etc. are strictly estimates, and even if, because of road congestion or other reasons, the Fares etc. exceed the estimated Fares etc., the Company will not be responsible.
9. If because of interruption of communication when a User uses the App, or any defect in the details of a User’s location that the Company receives through the App (including location information not being displayed, or any error in location information), or other circumstances, a User cannot use taxi dispatch services and suffers damage, the Company will not bear any liability.
10. The Company will not bear any liability to compensate for any damage suffered by a User because of interruption, suspension, or termination of provision of the Services by the Company, inability to use or change of the Services, loss of data, or equipment malfunction or damage from the use of the App, or otherwise in relation to the Services.
11. Transactions, communications, and disputes between a User and other Users, taxi companies, or other third parties in relation to the App or the Services must be handled and resolved under the User’s own responsibility, and the Company will not bear any responsibility with respect to the same.
12. Notwithstanding the provisions of the preceding paragraphs, if the Agreement falls under a consumer agreement as specified in Article 2, Paragraph 3 of the Consumer Contract Act of Japan, provisions that completely exempt the Company may not apply. In such a case, if damage suffered by a User was caused by willful misconduct or gross negligence on the part of the Company, the Company will be liable for compensation for damage to an extent not exceeding the actual amount of damage that the User directly suffered.
Article 22: Indemnification
1. Users, in the use of the App or the Services, will indemnify the Company for any claim, expense, indemnification, loss, liability and expenditure (including litigation costs and court costs) that arises from or in relation to the following, and not cause any harm to the Company:
(1) A User’s violation of the provisions of these Terms of Use or the Related Rules, or applicable laws and regulations (regardless of whether they are mentioned in these Terms of Use);
(2) A User’s infringement of rights of a third party.
2. Obligations related to any passenger transport agreement entered into by a User and a taxi company through the Services will be borne and performed by the User and the taxi company.
Article 23: Elimination of Anti-Social Forces
1. Users represent and warrant as follows, both as of the present and for the future:
(1) That the User does not fall under the category of an organized crime group (meaning an organized crime group as defined in Article 2, Item (2) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (“Anti-Crime Group Act”)), an organized crime group member (meaning an organized crime group member as defined in Item (6) of said article), a quasi-member of an organized crime group, an enterprise associated with an organized crime group, a corporate extortionist or the like (sokaiya-to), a social campaign advocate racketeer (shakai undo-to hyobo goro), an organized crime group with special intelligence, or any other group or person that habitually uses violence, force, or fraudulent means to engage in violent illegal conduct (meaning conduct specified in Item (1) of said article) or to attain its own purposes (collectively “Anti-Social Forces”);
(2) That no representatives, officers, or important employees of the User fall under the category of Anti-Social Forces;
(3) That no principal investors of the User or other persons found to control management of the User fall under the category of Anti-Social Forces;
(4) That no Anti-Social Forces are directly or indirectly involved in the User’s management;
(5) That the User does not have any relationship whereby the User is found to use Anti-Social Forces to obtain illicit profits for the User or a third party, or to harm a third party, or for any other wrongful purpose;
(6) That the User does not provide funds or conveniences to any Anti-Social Forces; and
(7) That no representatives, officers, or persons substantially involved in management of the User have a socially unacceptable relationship with any Anti-Social Forces.
2. Users must not, whether directly or through a third party, engage in any of the following conduct:
(1) Making violent demands against counterparties or third parties as specified in the items of Article 9 of the Anti-Crime Group Act;
(2) Making unreasonable demands that exceed legal responsibility against counterparties or third parties;
(3) Using threats or violence against counterparties or third parties;
(4) Using fraud or force to interfere with the business of counterparties or third parties, or to damage the reputation of counterparties or third parties; or
(5) Engaging in transactions with any Anti-Social Forces that are not based on laws and regulations, or continuing to maintain a transactional relationship with any Anti-Social Forces.
3. If the Company learns that a User is in violation of the provisions of Paragraph 1 or Paragraph 2, the Company will be entitled, without any warning, to cancel all agreements executed between the Company and the User in whole or in part, and demand that the User take measures necessary to eliminate Anti-Social Forces.
4. If under the provisions of the preceding paragraph, the Company cancels an agreement between the Company and a User or demands that a User take measures necessary to eliminate Anti-Social Forces, the User will not make any demands against the Company for any damage or costs that arise in relation to such cancellation or measures, regardless of how categorized.
5. If the Company suffers damage from the cancellation of agreements between the Company and a User under the provisions of Paragraph 3, the Company will be entitled to demand compensation for such damage against the User.
Article 24: Notices
1. The Company will be entitled to send notices related to the Services to Users by announcements on the App or on the Company’s website, e-mails, text messages, push messages, and postal mail. Such notices will be deemed to have reached Users on the day they were sent.
2. Users will send notices to the Company’s postal mail address, facsimile address, or email address that the Company formally announces, or other addresses designated by the Company. Such notices will be deemed to have reached the Company on the day they are received by the Company.
Article 25: Amendment of Provisions
The Company can, in light of such matters as the revision of laws and regulations or necessity for amendment for reasons of operation of the Services, amend these Terms of Use as appropriate. The amended Terms of Use will come into effect when they are posted in an appropriate location on the App. Users shall confirm the amended Terms of Use on the App as appropriate. When a User uses the Services after these Terms of Use have been amended, such User will be deemed to have consented to the amended Terms of Use. The content of any announcements that the Company posts on the App or on the Company’s website, and notices that the Company sends to a User by email or text messages etc. will, regardless of the method of such announcements and notices, be deemed to constitute a part of these Terms of Use.
Article 26: Survival of Terms
The provisions of Article 3, Paragraph 2, Article 5 (limited to cases where there are non-payments), Article 10 and Article 11 (with respect to both articles, limited to cases where there are non-payments), Article 13, Article 18, Item (3), Article 19, Article 21, and Article 27 will remain in effect even after the termination of the Agreement.
Article 27: Governing Law and Jurisdiction
The laws that govern the formation, performance and interpretation of the Agreement, and the resolution of disputes related to the Agreement are the laws of Japan; the Tokyo District Court will be the exclusive court of jurisdiction with respect to such disputes.
Article 28: Prevalence
The Japanese version of these Terms of Use is the only official version of these Terms of Use. If there is any discrepancy between the Japanese version and the version translated into English, the Japanese version will prevail.
Enacted: September 19, 2018
Revised: September 12, 2019
Revised: January 8, 2020
Revised: July 13, 2020
Revised October 30, 2020