MOBIRY TRAVEL Terms of Use

Article 1 (Scope of Application)

1. These Terms shall apply to all relationships between the customers who use the Services (hereinafter, the “Users”) and the Company.
2. The Users of the Services shall comply with the provisions for the conditions for the use of individual items of content or service provided in coordination with the Services by the Company or a third party (hereinafter, the “Terms of Use for Individual Service Items” or the “Terms, etc.” when referred to in combination with the Terms).
   If there is any difference between the Terms and the Terms of Use for Individual Service Items, the Terms of Use for Individual Service Items shall take priority.
3. The Company shall reserve the right to revise the Terms, etc. (excluding the Terms of Use for Individual Service Items provided by a third party) at any time without notifying the Users in advance. The revised Terms, etc. shall be published at an appropriate location, such as the Services’ or the Company's website.
4. The Users’ access to the Services and use of any Individual Service Item shall mean their agreement with the Terms, etc.

Article 2 (Definitions)

Terms used in the Terms shall be defined as follows unless otherwise defined in the Terms.

• The Services: Information and communication services provided via smartphones by the Company to enable the Users to purchase and use digital tickets for public transportation and to search for travel routes
• Devices Compatible with the Services: General term for the smartphones designated by the Company as compatible with the Services from among all smartphone models that can be managed and used by the Users
• Individual Service Item: Individual item of content or service that is provided on the Services’ website by the Company or a third party
• Individual Service Item Provider: Business entity that provides an Individual Service Item
• Payment Service: Service designated by the Company to be used by the Users in combination with the Services to make usage fee and other payments required for use of Individual Service Items on the Services’ website
• Payment Service Provider, etc.: Business entity that provides payment methods through a Payment Service (such as, but not limited to, a credit card company, a payment service provider, a collection service provider, a payment authentication service provider, or a financial institution)
• Payment Regulations, etc.: Regulations imposed by a Payment Service Provider, etc. regarding the use of the relevant payment methods or other provisions for the relevant payment methods
• Social Media Platform That Supports Social Login: Social media platform provided by a business entity other than the Company that is designated by the Company to work in combination with the Services to allow the Users to log in from it to the Services

Article 3 (Conclusion of a Contract)

1. The User shall agree with the provisions of these Terms, etc. to submit an application for the use of the Services to the Company via the Services’ website.
2. The User’s acquisition of accessibility to the Services after applying in accordance with the preceding paragraph shall mean that the Company has approved their application and that a contract has been concluded between the User and the Company in accordance with these Terms.
3. To use an Individual Service Item, the User shall conclude a contract for the use of said Individual Service Item directly with the Individual Service Item Provider outside these Terms. The contract for the use of an Individual Service Item shall follow the Terms of Use for the Individual Service Item.
4. The Company shall grant the Users the right to use the Services only on Devices Compatible with the Services in accordance with the provisions of these Terms, etc.

Article 4 (Denial or Suspension of Use)

1. The Company shall not provide the Services to any User who does not enter all or some items of information that are required to apply for the Services or to any User who does not agree with these Terms, etc.
2. The Company may suspend the provision of the Services to the User who falls under any of the following conditions, even after they start using the Services.

• When the User violates these Terms, etc.
• When it is revealed that the User has had their use of the Services or an Individual Service Item suspended due to their violation against these Terms, etc.
• When it is revealed that the information submitted by the User when applying to use the Services include false and/or incorrect items
• When it is revealed that the User has violated the terms of use for a service other than an Individual Service Item of these Services
• When the Company determines that the individual is ineligible as a User for other reasons

Article 5 (Conditions for Use)

1. The Users shall use the Services by accessing the Services’ website on their Devices Compatible with the Services and following the procedures prescribed by the Company.
2. The Users can use the Services on the condition that they comply with these Terms, etc. The use of the Services shall be limited to these eligible Users themselves. If a third person other than an eligible User uses the Services, the Company shall bear no liability toward said User or said third person.
3. Functions that work in linkage between the Services and an Individual Service Item may become restricted or unavailable at the discretion of the Individual Service Item Provider without notification given to the Users. The Company shall not be liable for any damages that are incurred by said restrictions or loss of availability.

Article 6 (Cautionary Information)

When using the Services, the Users shall comply with the following provision for their own safety.

• It is extremely dangerous for the Users to operate their Devices Compatible with the Services or watch those devices’ screens closely while driving or walking. This act can also constitute a violation of the Road Traffic Act or other laws. Therefore, the Users must stop driving or walking at a safe location when using the Services.

Article 7 (Usage Fees)

1. No fees shall be charged for the use of the Services. However, the Users shall pay all usage fees and other charges for their use of fee-based Individual Service Items on the Services’ website.
2. If a User is obliged to pay a usage fee or other charges for their use of an Individual Service Item on the Services’ website, said User shall use a Payment Service to settle said payment. In addition, if the User has the right to receive a refund due to their cancellation of the use of an Individual Service Item for which they have already paid with a Payment Service or for other reasons, said refund shall be paid to the User through a Payment Service.
3. When using a Payment Service, the User shall comply with the contract provisions regarding the Payment Regulations, etc. imposed by the Payment Service Provider.
4. When using a Payment Service, the User shall pay by a payment method (such as a credit card) that they have registered in accordance with the Payment Regulations, etc. or designation by the Payment Service Provider. The use of a Payment Service shall be limited to the User who is the holder of said payment method. The User shall also comply with any conditions and restrictions imposed by the Payment Service Provider, such as usage conditions, payment conditions, and the maximum limit on use.
5. In the event of a dispute regarding a Payment Service or with a Payment Service Provider, the User shall bear responsibility for resolving said dispute at their own expense and shall not subject the Company to any damage. The Company shall bear no responsibility regarding such disputes.
6. The User shall bear the expense for equipment, such as Devices Compatible with the Services and other items of communications equipment that are necessary for using the Services, as well as Internet connection fees and other communications fees.

Article 8 (Obtaining Personal Information, etc.)

In providing the Services, the Company shall obtain personal information from the User, such as the User's name and email address (as stipulated in Article 2, Paragraph 1 of the Act on the Protection of Personal Information [Act No. 57 of 2003]; hereinafter, “Personal Information”), as well as other User information and location information.

Article 9 (Handling of Personal Information)

The Company shall handle the User’s Personal Information appropriately in accordance with these Terms, etc., the Company’s Basic Policy on Personal Information, and Japanese laws and regulations on the protection of Personal Information.

Basic Policy on the Protection of Personal Information

Article 10 (Purposes of the Use of Personal Information, etc.)

1. The Personal Information about the Users that is obtained through the Services shall be used for the following purposes.
   • To provide and operate the Services
   • To answer inquiries from Users (including verifying their identity)
   • To send notification about new functions, update information, requests for responses to User questionnaires, and campaign and other information regarding the Services, as well as other services provided by the Company
   • To send information regarding maintenance and other important notices regarding the Services, as necessary
   • To identify Users who have violated these Terms, etc. or who intend to use the Services for unauthorized or unjust purposes and to deny them the use of the Services
   • To allow Users to view, change, and/or delete their registered information themselves, and/or to confirm their usage status
   • To charge Users usage fees for fee-based Individual Service Items
   • To conduct research and analysis to improve the Services and assess the impact of the Services
   • Purposes incidental to the above usage purposes
2. The Users shall agree that the Company uses their Personal Information and other information after processing those items of information into statistical data that cannot be used to identify individual Users.

Article 11 (Confirmation, Modification, and Deletion of Personal Information)

The Users can view, modify, and delete their own Personal Information by following the Services’ prescribed procedure for submitting requests. However, the Company may be unable to immediately respond to Users’ requests due to server and/or network maintenance and/or failure or for other reasons.

Article 12 (Outsourcing of the Handling of Personal Information)

The Company may outsource the handling of Personal Information that it has obtained through the Services from other business entities within the scope of the necessity of achieving the purpose of use stipulated in Article 10 herein. As of February 1, 2021, the handling of Personal Information was outsourced from the following party.

• Credit card information
  GMO Payment Gateway, Inc.

Article 13 (Providing Personal Information, etc. to Third Parties)

1. The Company shall not provide Personal Information about the Users to any third party, except in the following cases.
   • When consent is obtained from the User
   • When required by law
   • When it is necessary for the Company to do so in order to protect the life, physical health, or property of an individual, but it is difficult to obtain the consent of the User
   • When it is particularly necessary for the Company to do so in order to improve public health or promote the sound development of children, but it is difficult to obtain the consent of the User
   • When it is necessary for the Company to do so in order to cooperate with an agency of the national government or a local government, or a party entrusted with the duties of said agency in performing duties stipulated by laws and regulations, and when obtaining the consent of the User may hinder those duties
   • When there is a legitimate reason, such as the urgent need to contact the User
2. Notwithstanding the provisions of the preceding paragraph, the Users shall agree to provide their Personal Information to the Company’s group companies and Individual Service Item Providers other than the Company within the scope of the necessity of the Company achieving the purpose of use stipulated in Article 10 herein.
3. The Google Maps Platform and the Google Analytics module are embedded in the Services, so search terms, IP addresses, and latitude/longitude coordinates may be provided to Google LLC. Therefore, notwithstanding the provisions of Paragraph 1, the Users shall agree that the Company provides said information to Google LLC, and that Google and its affiliates use and store said information in accordance with Google's privacy policy (https://www.google.com/policies/privacy/) to provide and improve Google's services and these Services.
4. The Users shall agree that the Company provides their Personal Information and other information to a third party after processing those items of information into statistical data that cannot be used to identify individual Users.

Article 14 (Responsibility for Managing Accounts and Passwords)

1. The Users shall be responsible for managing their own accounts on Social Media Platforms That Support Social Login and the login passwords for those accounts (hereinafter collectively, “Accounts, etc.”). They shall also bear full responsibility for all acts committed using said Accounts, etc. and the results of said acts, regardless of whether or not the Users have performed said acts themselves.
2. The Users shall not allow any third party to use their Accounts, etc. or have their Accounts, etc. used by any third party. Even if the use of a User’s Account, etc. by a third party results in damages to said User or third party, the Company shall bear no responsibility for said damages regardless of the cause.
3. The Users shall not use the Account, etc. of a third party to use the Services. If a User uses the Account, etc. of a third party to use the Services, the User shall immediately provide compensation for any damage incurred by said usage and shall bear responsibility for resolving any resulting dispute at the User's own expense.

Article 15 (Intellectual Property Rights)

1. Intellectual property rights, including copyrights, trademark rights, and design rights, for content items, such as text, images, photographs, sounds, and videos (hereinafter, “Copyrighted Materials, etc.”) provided as part of the Services and/or Individual Service Items belong to the Company or Individual Service Item Providers. The Users shall not be able to use any Copyrighted Materials, etc. obtained through the Services beyond the scope of explicitly permitted use within the Services or beyond the scope of private use permitted by the Copyright Act.
2. The Company shall reserve the right to use any items of feedback, including proposals, impressions, and opinions shared by Users regarding the Services, without making any payments.

Article 16 (Prohibitions)

The Users are prohibited from committing any of the following acts when using the Services. If the Company determines that a User has committed any of the following acts, it may immediately suspend or prohibit the use of the Services by the User without prior notice.

• Unauthorized access to or attacks upon the Services or any acts that are likely to lead thereto
• Impairing the provision of the Services, any other acts that can disturb the provision and operation of the Services, or any acts that are likely to lead thereto
• Using the Services for commercial or business purposes or the act of having a third party use the Services for such purposes
• Using the Services in combination with other applications or services (excluding Individual Service Items)
• Reverse engineering, such as the decompiling and disassembly of the Services
• Interfering with the Company's sales activities or any acts that are likely to lead thereto
• Pretending to be a third party or using a third party's User account
• Invading the privacy of a third party or any acts that are likely to lead thereto
• Infringing the intellectual property rights or other rights of the Company or a third party, such as copyrights or trademark rights, or any acts that are likely to lead thereto
• Act of disadvantaging or causing damage to the Company or a third party or any acts that are likely to lead thereto
• Criminal acts, the act of stimulating criminal acts, or any acts that are likely to lead thereto
• Violations against laws, public order, or morals or any acts that are likely to lead thereto
• Acts that directly or indirectly induce or facilitate the acts stipulated in the preceding items or any attempt to commit any of the acts stipulated in the preceding items
• Acts that the Company determines are inappropriate based on a reasonable ground, aside from the acts stipulated in the preceding items

Article 17 (User's Obligations)

1. If a User causes damage to the Company or a third party due to a violation of these Terms, etc. or other unjust or illegal acts, said User shall provide compensation for any damages incurred by the Company or said third party.
2. If a User causes damage to a third party due to their use of the Services or an Individual Service Item, said User shall bear responsibility for resolving the issue at his/her own expense and shall not subject the Company to any damage.

Article 18 (Exemption from Liability)

1. The Company shall not guarantee the accuracy, completeness, recency, usefulness, operability, quality, etc. of the use or provision of the Services, Social Media Platforms that Support Social Login, or Payment Services. In addition, the Company shall bear no liability for any damages to incurred by Users or third parties due to their use of the Services, Social Media Platforms that Support Social Login, or Payment Services.
2. The Company shall not guarantee the operability, quality, etc. of Individual Service Items provided by third parties and shall bear no responsibility even for any damages incurred by Users due to their use of Individual Service Items.
3. The Company shall bear no obligation or responsibility toward the User even if it modifies the Services or Individual Service Items provided or discontinue providing any of them as stipulated in Articles 19, 20, and 21 of these Terms.
4. If a dispute arises between a User and an Individual Service Item Provider other than the Company, the provider of a Social Media Platform that Supports Social Login, or a Payment Service Provider, said dispute shall be resolved between the User and said provider. The User shall make no claim or complaint against the Company.
5. If any of the following provisions applies, the User shall agree that they are denied full or partial use of the Services or Payment Services, and that the Company shall bear no liability for any resulting damages or loss incurred by the User or a third party unless the Company's intentional act or gross negligence has caused the damages or loss.

• When the information provided by the User is incorrect
• When a Device Compatible with the Services or its peripherals are not properly installed or connected, when said devices do not function properly due to failures, damage, or defects, when said devices are combined despite being incompatible with each other, or when their functional settings are made so as to interfere with the use of the Services or Individual Service Items
• When the User does not follow any of the instructions given in the user’s manuals for Devices Compatible with the Services and/or their peripherals
• When adequate power is not being supplied due to a dead battery in the Device Compatible with the Services and/or its peripherals
• When the Device Compatible with the Services and/or its peripherals are not turned on

Article 19 (Temporary Suspension of the Services)

1. The Company shall reserve the right to temporarily suspend the provision of the Services without notification given to the Users when any of the following provisions applies.
   • When periodical or emergency system maintenance is performed for the Services
   • When provision of the Services becomes impossible due to a fire, power outage, war, revolt, riot, labor dispute, etc.
   • When provision of the Services becomes impossible due to a natural disaster, such as an earthquake, volcanic eruption, flood, or tsunami
   • When the communications service used for the Services is suspended or suffers a failure
   • When communications are interrupted due to circumstances, including those in the environment for use of Devices Compatible with the Service
   • When the Company otherwise determines that it is necessary to temporarily suspend the provision of the Services for operational or technical reasons
2. The Company shall notify Users of any temporary suspension of the Services by a method that it judges as appropriate. However, this shall not apply in the event of an emergency or if any unavoidable circumstances prevent the Company from send notification. Regardless of whether notification is provided, the Company shall bear no liability for any damages incurred by the Users (including damages from the unavailability of the Services during their suspension or discontinuation) due to the measures taken as stipulated in the preceding paragraph.

Article 20 (Modifying or Abolishing the Services)

The Company shall reserve the right to make additions, modifications, and/or deletions to the Services or Individual Service Items, in full or in part (including terminating coordination with external services), without giving an advance notice or seeking the Users’ consent.

Article 21 (Termination of the Provision of the Services and Expiration of The Terms)

1. The Company shall reserve the right to terminate the provision of the Services without notification given to the Users. If the provision of the Services is terminated, these Terms shall expire at the same time.
2. Notwithstanding the provisions of the preceding paragraph, Article 7 of these Terms shall remain in effect until all usage, cancellation and other fees for the Services and Individual Service Items are completely paid, and Paragraph 3 of Article 3, Paragraph 2 and Paragraph 3 of Article 5, Article 7, Article 8, Article 15, Article 16, Article 17, Article 18, this Article, and Article 22 herein shall remain in effect even after the expiration of these Terms.

Article 22 (Measures to Be Taken after Termination of Provision of the Services)

The Company shall delete the Personal Information of the Users that it has obtained through the Services promptly after the termination of the provision of the Services. Information that is not considered Personal Information may be of continued use in statistical materials.

Article 23 (Exclusion of Antisocial Forces)

1. The Users shall declare that they are not and will not be a member of an organized crime group, a person who has left an organized crime group during the past five years, an associate member of an organized crime group, a member of a company that is associated with an organized crime group, a corporate extortionist, a pretender to a social activist, or a member of an organized group for special intellectual crimes (hereinafter collectively, “Antisocial Forces”). They shall also affirm that they will not be a member of any Antisocial Force in the future.
2. If a User falls under any of the following conditions, the Company shall reserve the right to cancel the service contract with said User for his/her use of the account without notification and/or suspend or prohibit the use of the Services by said User.

• When it is revealed that the User is a member of an Antisocial Force
• When the User, either on their own or through a third party, damages public trust in the Company or disturb its operations by using violence, verbal threats, fraudulent means, or intimidations
• When the User allows an Antisocial Force to use his/her name to use the Services or sign a service contract for account use

Article 24 (Governing Law / Exclusive Jurisdiction)

Japanese law shall govern the interpretation of these Terms and the resolution of disputes regarding these Terms. The Hiroshima District Court shall be the exclusive court of jurisdiction of the first instance concerning all disputes regarding these Terms and the Services.