Article 1 (Scope of Application, etc.)
- Separately from this Terms of Service, the provisions separately set forth by us with respect to this Service (including service referral, tariff, help, precautionary statement and other information on the website and notice by us to the Applicant) each form part of this Terms of Service. In addition, in the event of any conflict between the contents of these Terms of Service and the contents of the relevant provisions, the relevant provisions shall prevail.
Article 2 (Changes to these Terms of Service)
We may change these Terms of Service without obtaining the consent of the Applicant. In such a case, we shall notify the Applicant in advance of the change of this Terms of Service, the contents of this Terms of Service after the change, and the effective date of the change in the manner set forth in Article 6, and if we change this Terms of Service in a manner pertaining to this Terms of Service, the Applicant shall be deemed to have agreed to such change.
Article 3 (Change of Service Contents)
We may change the service charges and other service contents without obtaining the consent of the Applicant. In such event, we shall notify the Applicant of the changed service contents in the manner set forth in Article 6 hereof, and the changed service contents shall apply thereafter (if the effective date of the change is separately set forth thereafter), and the Applicant shall be deemed to have agreed to such change by subsequent use of the Service.
Article 4 (Application Procedures)
- The Applicant shall agree to these Terms and Conditions and the various provisions in advance and submit or transmit the necessary information to us on our designated application form or online application screen by the application deadline.
- The line of the communication equipment to be loaned shall be designated by us and determined by us immediately prior to the loan.
- In the event of any of the following, we may not accept the application for this Agreement. In this case, in the event of such rejection, we will notify the Applicant accordingly.
- If the Applicant has reasonable grounds to believe that the Applicant is likely to violate this Agreement
- If the Applicant is likely to fail to pay its obligations under this Agreement
- In the event the Applicant enters a false fact intentionally on the application form or application screen of this Agreement
- When there is a risk that the Service will be used illegally or in a manner that is clearly contrary to public order and morality.
- If the Applicant is likely to use the Services in a manner that is likely to damage the reputation of us or the Services
- When the applicant is a member of an organized crime group, a member of an organized crime group, a person for whom five years have not elapsed since he/she ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a company affiliated with an organized crime group, a general mechanic, etc., a target logo for a social movement, or a special intellectual violent group, etc., or is found to be a similar anti-social force (hereinafter collectively referred to as "anti-social force") or to be involved in an anti-social force.
- In addition, when there are other reasonable grounds for judging that the service cannot be provided or is inappropriate.
Article 5 (Establishment of Agreement)
- Upon the completion of the application by the Applicant in accordance with our designated procedure and our acceptance thereof, this Agreement shall be concluded.
- Our consent in the preceding paragraph refers to our acceptance of the application by sending an e-mail to the e-mail address registered by the applicant under the subject of "Acceptance of order confirmation" or by sending the application through various communication means such as postal mail.
- In the event that the Services cannot be provided for any reason after our consent, we will notify the Applicant in the manner set forth in Article 6. In this case, if there is no reason attributable to us for the cause of the occurrence of the applicable circumstance, we shall not be liable for any damage to the Applicant.
- In the case of the preceding clause, if the fees for use of the Service have already been settled by credit card, we will immediately cancel the payment and take steps not to be billed to the Applicant.
Article 6 (Method of Notification)
With regard to the Terms of Service and matters pertaining to this Service, the method of notification by us to the Applicant shall be in writing, by e-mail (including Short-mail), by telephone, by posting on a website operated by us, or by other means designated by us.
Article 7 (Service Term)
- The period during which the service usage fee is incurred (hereinafter referred to as the "billing period") shall be one unit per day of the service usage period. The term of use of this service shall be the period of travel for which the application was made, but in the event of any change in the contents of the application, this shall be changed.
- If it is not confirmed that the communication equipment, etc. has been returned to us even after the date on which the communication equipment, etc. specified by us should be returned (hereinafter referred to as the "return deadline date"), an extension fee as prescribed by us will be incurred until the date on which it is confirmed that the communication equipment, etc. has been returned to our designated place.
- In the event the Applicant applies to use the Services for more than 30 days or in the event that it is necessary to consider the use of the Services for a certain period due to other circumstances, the Applicant may consult with the Applicant separately.
Article 8 (No Assignment)
The Applicant may not assign, succeed, pledge as collateral, accept or otherwise dispose of any status under this Agreement and any rights or obligations arising out of this Agreement to any third party.
Article 9 (Change of Applicant Information)
- In the event of any change in the information submitted or transmitted to us pursuant to Clause 1 of Article 4, the Applicant shall immediately notify us of such change.
- We will not be liable for any damage caused to the Applicant due to the failure of the Applicant to use all or part of the Services due to the failure of the Applicant to notify as set forth in the preceding paragraph, unless there is a reason attributable to us.
Article 10 (Delivery of Communications Equipment, etc.)
- The Applicant shall receive communications equipment, etc. from us or from the carrier designated by us by any of the following methods.
- By courier or mail to the place designated by the Applicant (whether in Japan or overseas). In addition, in the case of receipt outside Japan, it shall be sent by the day before the departure date in principle.
- Direct receipt at our designated airport delivery counter
- Method of receiving at the sales offices and branches of us and our overseas affiliates
- Way to receive them directly at our specified overseas delivery counter
- If the Applicant wishes to deliver communications equipment, etc. beyond our predetermined application deadline, we may accept an application from this Applicant by applying separately for a "special pre-treatment fee" calculated according to the individual response details, only when we determine that it is possible to accept it.
- We shall not be responsible for any failure to deliver telecommunications equipment by the expected delivery date of the application due to causes not attributable to us, such as force majeure such as weather defects, accidents or delays in transportation, or the Applicant's inability to receive such equipment.
Article 11 (Rescission of application)
This service can be cancelled by paying our prescribed cancellation fee. Cancellation fees will be notified in accordance with Article 6 (Method of Notification) of these Terms.
Article 12 (Return of Communication Equipment, etc.)
- The Applicant shall return communications equipment, etc. to us by the return deadline date with the return method specified at the time of the application procedure.
- If the Applicant chooses to return by post, we shall use our designated invoice and the expense of mailing shall be borne by the Applicant. In addition, if you return the bill by mail or by payment on arrival or delivery other than our designated invoice, we may charge the actual cost separately.
Article 13 (Usage Fee)
- The service usage fee shall be calculated according to the billing period as set forth in Article 7 and the unit price per day as set forth in our website, brochure, and other regulations, and we shall clearly indicate the total amount of the usage fee at the time of application procedures.
- During the term of use of this service, a usage charge shall be incurred regardless of the actual communication status.
- In the event of excessive communications as set forth in Article 20, additional charges as set forth in the Table of Fees may be charged separately.
- In the event that the user is a business operator engaging in the same business as us, we will calculate the usage fee according to the volume of communication and charge the applicant for the usage fee in addition to the regular fee set forth in the Table of Charges.
- If the payment of the usage fee cannot be confirmed by the due date specified by us, we may charge a late payment charge of 14.5% per annum.
Article 14 (billing and payment method, etc.)
- Payment of the service usage fee shall be made by credit card or by other means designated by the Company.
- When paying the charges for the Service, it is necessary to comply with the regulations stipulated by the financial institution or credit card company to which the Service is to be used.
- Depending on the contents requested by the Applicant with respect to the Service (areas of use, period, number of units of Rental Communication Equipment, etc.), the Applicant may apply for a security deposit or credit card guarantee line.
- In the event the service usage period exceeds one month, settlement may be made monthly.
- We shall be entitled to notify or contact Applicant in writing, by e-mail, by telephone, by visit, etc. in the manner specified by us if Applicant fails to pay fees for the Services after the due date for payment.
- We may consign the fees for use, late payment charges, extension charges, and other claims and receipts to the Applicant based on these Terms of Service to a third party.
- In the event that we or a third party as set forth in the preceding paragraph visits the Applicant for the purpose of claiming and receiving claims, the Applicant shall pay the expenses required for our or the Affiliated Company to visit the Applicant.
Article 15 (Termination of this Agreement)
- In the event the Applicant or the User falls under any of the following items, we may immediately terminate this Agreement.
- In the event it is clear that the Company will neglect or may neglect to pay its obligations under this Agreement
- When the Company has used or is clearly likely to use the Services in an unlawful manner or in a manner contrary to public order and morality.
- When the service is used or is likely to be used in a manner that seriously interferes with the use of the service by a person who directly or indirectly uses the service provided by us.
- In the event of breach of the obligations set forth in these Terms of Service
- In the event the Applicant files a petition for bankruptcy, corporate reorganization, special liquidation, civil rehabilitation, or other similar legal bankruptcy proceedings
- Upon termination of all or part of the contract for the Services between us and the Telecommunications Carrier
- When the Applicant is found to be an anti-social force or be associated with an anti-social force
- In the event of any other material event that makes it difficult to continue a contract similar to any of the preceding items.
- In the event of the termination of this Agreement and the suspension of the provision of the Services pursuant to the provisions of the preceding paragraph, we shall notify the Applicant in advance of the reason therefor and the date of suspension of the provision of the Services in the manner set forth in Article 6 (Method of Notice). Provided, however, that the Company may not notify the Applicant in the event that it determines that there is an urgent necessity.
- In the event this Agreement is terminated pursuant to Clause 1 hereof, the Applicant shall compensate for damages incurred by us as a result of the termination.
Article 16 (Management of Communication Equipment, etc.)
- The Applicant and the User shall maintain and manage the Communication Equipment with the care of a good manager and shall not perform the following acts in using the Communication Equipment.
- Transfer, resale, analysis, modification, alteration, damage, destruction, loss, defacement (attaching seals, cutting, colouring, etc.), removal of attached seals, etc., of telecommunication equipment, etc.
- Unauthorized Use of Communications Equipment, etc.
- Acts corresponding to prohibited matters stated in the instruction manuals for communications equipment, etc.
- Violations of the Telecommunications Business Law, the Act against Unauthorized Use of Mobile Phones, and other relevant laws and regulations
- Other acts reasonably judged to be inappropriate in light of the nature and purpose of the Services.
- In the event that any of the acts set forth in the preceding paragraph is permitted, we may issue a correction recommendation to the Applicant or cancel this Agreement pursuant to the preceding article and request the return of the Communication Equipment, etc., and the Applicant shall comply therewith.
- Notwithstanding the preceding paragraph, in the event that the act set forth in the preceding paragraph 1 is permitted, if any damage is caused to us, we shall be entitled to claim compensation for damages as set forth in Article 24 hereof, and the Applicant shall be obliged to pay such damages.
Article 17 (Loss, damage, etc. of communication equipment, etc.)
- The Applicant shall immediately notify us of any loss, damage, or theft of communication equipment, etc. In addition, in the event of loss or theft of communication equipment, etc. for any reason, the applicant shall pay the communication charges used illegally until he/she notifies us of such loss or theft.
- In the event of the preceding clause, the Applicant shall pay to us the reimbursement separately set forth by us as the cost of repair or replacement of the Communication Equipment, unless the reason for loss, damage, or theft is attributable to us.
Article 18 (Compensation System)
- The compensation system is a system under which an applicant or a user can voluntarily subscribe to compensate for damages to telecommunications equipment in the event of loss, damage, or theft of telecommunications equipment during the period of use. This system shall apply only to applicants who have applied for membership in accordance with Article 4.
- The Compensation System User Fee and the contents of the compensation shall be separately presented to the Applicant through our Website at the time of application and provided to the Applicant.
- In the event of loss or theft, you shall obtain and present to us a certificate issued by a Japanese police station or public organization.
Article 19(Purchase of Communications Equipment, etc.)
Purchase of telecommunications equipment by the Applicant shall not be permitted in principle.
Article 20 (Fair Use and Restriction)
- In order to provide fair and fair use of communications to all parties, one or more measures may be taken to suspend communications, limitation use of communications, or charge additional charges in accordance with policies or our discretion by the carriers providing communications circuits (hereinafter referred to as "telecommunications carriers") in the event of any of the following:
- When an applicant or user commits excessive communications (e.g., 3GB per day's packing fee)
- When the communication lines of us or telecommunications carriers become overloaded due to large communication load such as video streaming, on-line gaming, VOIP, and FTP.
- In addition, when there is a reasonable ground for the suspension of communications, restriction of use, or request for additional charges.
- Even in the event of the suspension of communications or limitation of use as set forth in the preceding clause, we shall not be liable unless there is a reason attributable to us. In addition, in the event there is a reason attributable to the Applicant or the User due to the suspension of communication or limitation of use, the Service Charge shall not be refunded.
Article 21 (Prohibited Matters)
The Applicant or User shall not engage in any of the acts set forth in the following items when using the Service.
- Acts that infringe or threaten to infringe upon the copyrights, trademarks, or any other rights of us and third parties used in connection with the Services.
- Violation of these Terms of Service
- Violation of the Telecommunications Business Law, the Mobile Phone Illegal Use Prevention Law, or related laws and regulations
- Attachment, modification, disassembling, or damage of additional items to communication equipment, etc.
- The act of subletting, transferring, providing security, or otherwise disposing of telecommunications products, etc. to a third party;
- The act of obstructing the operation of our business or services or damaging our reputation
- The act of destroying or obstructing software, hardware, server, network, or other functions used by us or a third party
- Reverse engineering, decompilation, disassembling, or other similar acts of the systems comprising the Services
- Conduct that is not approved by us and conduct that provides information for profit-making purposes
- Providing benefits directly or indirectly to anti-social forces in connection with the Services
- Criminal acts or acts of announcing, engaging in, or encouraging them
- Other acts for which there are reasonable grounds for judging to be inappropriate or inappropriate.
Article 22 (Conditions of Communication)
- The Customer may conduct communications only when the electronic book terminal, smartphone, tablet, or other communications terminal (hereinafter referred to as the "Communication Terminal") is located in the service area specified separately by the Communication Carrier (the Communication Carrier agreement by us in this service is as stated in the attached document). Provided, however, that even in the service area, communication may not be possible (including a decrease in the communication speed) in areas where radio waves are difficult to transmit, such as indoors, underground, high stories of buildings, tunnels, shafts of buildings, mountainous areas, remote islands, or at sea.
- Communications pertaining to communications services provided by a telecommunications carrier shall be governed by the communications protocols separately provided by the telecommunications carrier. However, it does not guarantee the transmission speed pertaining to the communication protocol.
- The transmission speed pertaining to the communication service provided by the telecommunications carrier may vary depending on the communication status, the communication environment, and other factors.
- The maximum communication speed indicated by the carrier is the maximum speed specified in the standard, and does not guarantee a certain communication speed. In addition, the communication speed may change depending on the congested circuits.
Article 23 (Exemption)
- Even during the period of use of this service, if you use a telecommunications terminal to connect to the telecommunications network in a way other than as instructed by us, you may be billed by your telecommunications company for communication charges such as overseas data roaming charges. In that case, we will not be liable unless there is a cause attributable to us.
- We shall not be liable for any damages incurred by the Applicant or User as a result of any impediment to the use of telecommunications equipment, etc. Provided, however, that in the event there is a cause attributable to us for causing the inconvenience, we shall compensate for such damage in accordance with the provisions of these Terms of Service.
- We will not secure alternative means of communication or take any similar action in the event of any disruption to the use of telecommunications equipment.
- In the event there is a reason attributable to the Applicant or the User for causing hindrance to the use of the Communications Equipment, the Applicant shall not be exempted from payment of the User Fee.
Article 24 (Compensation for Damages)
- The Applicant shall compensate for any damage caused to us due to reasons attributable to the Applicant or the User in connection with the use of the Services.
- In the event that the Applicant or the User causes damage to a third party or a dispute with a third party in connection with the use of the Services, the Applicant shall settle the dispute at its own responsibility and expense and shall not assume any liability whatsoever for the same, unless there is a reason attributable to the Applicant or the User.
- Even in the event that we are liable to the Applicant or the User for damages for failure to perform obligations, tort liability, contractual nonconformity liability, or any other cause, we shall not be obliged to compensate for special damages unless there is intention or gross negligence on the part of the Applicant or the User.
- The liability for damages incurred by us may be satisfied by offsetting the claim (regardless of the due date) for the use fee, etc. of the Services, which we have with the Applicant, by the equivalent amount. Provided, however, that this shall not apply to the case where our liability for damages is based on a tort and we are in bad faith with respect to the cause of the tort, or the liability for damages pertaining to the life or body of the applicant or user.
Article 25 (Re-entrustment)
We may subcontract part of the services required for the provision of the Services to a third party, and the Applicant shall approve it in advance.
Article 26 (Confidentiality)
The Applicant and the User shall treat the non-publicly known information disclosed by us for the purpose of treating it as confidential in connection with the Services as confidential, except with the prior written consent of the Applicant and the User.
Article 27 (Handling of Personal Information)
- In light of the purpose of the Act on the Protection of Personal Information, we will appropriately manage the personal information of applicants and users with the due care of a good manager. The term "personal information" as used in these Terms of Service shall mean personal information as defined in the Act.
- The personal information of an applicant or user shall be handled appropriately to the extent necessary to achieve the purpose of use set forth in each of the following items.
- Respond to various inquiries and consultations regarding this service.
- Customer identification, fee guidance and billing, information on changes in service provision conditions, notification of service suspension and cancellation, etc., and other information on service provision. In addition, information concerning the provision of the service includes the transmission of e-mails as set forth below, and these e-mails are related to the provision of this service. Therefore, the information will also be sent to applicants and users who have chosen not to receive e-mails from us at the time of the conclusion of this Agreement.
- E-mails confirming order details and receipt
- E-mail regarding the return of the leased property
- E-mails concerning information related to local communications failures
- E-mail on customer capacity usage
- E-mails regarding on-site information during the trip
- E-mail regarding additional purchase of data during travel
- Other e-mails regarding necessary information that will not be disadvantageous to applicants as defined by us.
- To conduct sales recommendations, questionnaire surveys, and sending of premiums, etc. for the services provided by us (including our parent company, subsidiaries, and affiliates; hereinafter the same shall apply in this item) or our affiliates by telephone, e-mail, mail, etc. Information concerning the provision of services shall include the transmission of e-mails as set forth below, and such e-mails shall be sent only to applicants and users who are authorized to send e-mails from us at the time of execution of this Agreement.
- Discount data from NINJA WiFi
- Gift information from NINJA WiFi (e-magazine format, about once a week)
- E-mails regarding Vision Group services
- To analyze the information presented for the improvement of our services or the development of new services.
- To announce the products, services, and campaigns of us or our Affiliates. These announcements may be sent by e-mail (Specified e-mail). These e-mails will be sent only to the applicants and users who are authorized to send e-mails from us at the time of the conclusion of this Agreement.
- We may provide personal information to outsourcees (including, but not limited to, our parent company, subsidiaries, and affiliates) in the performance of services required for the provision of services. In this case, we will select a company that is fully protecting personal information and implement necessary and appropriate measures, such as concluding a contract for the protection of personal information.
- We will not provide personal information to any third party other than the outsourcee without obtaining the consent of the outsourcee. Provided, however, that matters prescribed by laws and regulations (including, but not limited to, inquiries pursuant to Article 197, Paragraph 2 of the Code of Criminal Procedure and Article 119, Paragraph 2 of the Customs Act) shall be governed by such provisions.
- The data, browsing information, and historical information used by the Applicant for the use of communication equipment, etc. shall be properly managed and deleted by the Applicant. We shall not be liable for information management or data loss while using or after the termination of this Agreement or after the return of communication devices, etc., unless there is a reason attributable to us.
- In order to provide comprehensive services by the Group, we will use the personal information of applicants and users jointly with our parent company, subsidiaries and affiliates in accordance with the following conditions.
- Items of Personal Information to be Jointly Used
All items of personal information obtained may be shared, but shared users will only use the minimum items of personal information necessary to perform their duties.
- Scope of Jointly Used Persons
Our parent company, subsidiaries and affiliates
- Purpose of use by users
- For information, research and development of various services
- For making decisions regarding the provision of various services
- For the appropriate execution of the Group's business management operations, including the identification and management of various risks
- The name of the person responsible for the management of said Personal Information
- Items of Personal Information to be Jointly Used
Article 28 (Remaining Provisions)
Even after the termination of this Agreement, the provisions of Article 5, Paragraphs 3 and 4, Article 7, Paragraph 2, Article 8, Article 9, Paragraph 2, Article 10, Paragraph 3, Article 12, Article 13, Paragraph 5, Article 14, Paragraphs 5 to 7, Article 15, Paragraph 3, Article 16, Paragraph 3, Article 17, Article 19, Article 20, Paragraph 2, Article 23, Article 24, and Article 26 to 29 shall remain in full force and effect.
Article 29 (Governing Law and Jurisdiction)
The governing law of this Agreement shall be the laws of Japan and shall be construed in accordance with the laws of Japan. The Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction for the first instance over any disputes related to this Agreement, in accordance with the amount of such dispute.