Drive Japan Terms of Use
These Terms of Use (hereinafter referred to as the “Terms of Use”) set forth the terms and conditions of use of the “Drive Japan” (hereinafter referred to as the “Services”) provided by Drive Japan Inc. (hereinafter referred to as the “Company”). Registered users (hereinafter referred to as the “User” or “Users”) shall use this Services in accordance with these Terms of Use.
Article 1 (Application)
These Terms of Use shall apply to all matters relating to the use of the Services between the Users and the Company.
Article 2 (Consent to These Terms of Use)
2.1 Users shall use the Services in accordance with these Terms of Use and shall not have the right to use the Services unless Users agree with these Terms of Use.
2.2 In the event the User is a minor, the User may use the Services only after obtaining the consent regarding these Terms of Use and the use of the Services from his/her legal representative who has parental authority or other equivalent authorities. No act made by a minor User relating to the Services may be revoked if the minor User manipulates any fraudulent means to induce the Company to believe that he/she has obtained the consent of the legal representative, he/she is an adult or otherwise he/she has the capacity to make such juristic act. In the event a User who was a minor uses the Services after reaching the age of an adult, such User shall be deemed to have ratified all juristic acts relating to the Services made by him/her.
Article 3 (Registration)
3.1 The registration of use shall be completed when the applicant applied for the registration of use in the manner prescribed by the Company and the Company approved such application.
3.2 Upon the application for the registration of use, the applicant must provide the Company with true and accurate information. In the event of any change in such information, the applicant shall promptly revise or change the information at his/her own responsibility.
3.3 The Company may refuse the registration if the Company determines that the applicant falls into any of the following items, and the Company shall not be obliged to disclose any of such reasons:
(a) False information has been provided in the application for registration of use;
(b) Such application has been made by an applicant who has violated these Terms of Use;
(c) If the Registration Applicant is a minor, an adult ward, a person under legal curatorship, or a person under assistance, without the necessary consent of his/her statutory agent, guardian, curator or assistant;
(d) If the Company decides that the Registration Applicant is an antisocial force (meaning a group called boryokudan, a member of boryokudan, a right-wing organization or group or other antisocial force, hereinafter the same), or has any interaction or exchange with an antisocial force or is related to it in any way, including support of, or involvement in the operation or management of such antisocial force by funding it or other means; and
(e) Other cases where the Company determines that registration of that User is inappropriate.
Article 4 (Control of User ID and Password)
4.1 The User shall control and keep his/her User ID and password of the Services at his/her own responsibility.
4.2 The User may not allow any third party to use his/her User ID and password or lend, transfer, assign and sell them to any third party under any circumstances. If the combination of User ID and password is consistent with the registered information and is logged into the Services, it is deemed that such User ID is used by the User who is registered by such User ID.
Article 5 (Usage Fee and Payment)
5.1 The Users can use this Services free of charge, but the Company may also provide with an optional fee-based service. When the Company operates a fee-based service, it separately set forth the usage fee, calculation method, payment method and other matters for such service on the website of the Company (https://drivejapan.co.jp/ (In the event of any change in domains or contents of such website for any reason, such changed domains or contents shall be included.)) (hereinafter referred to as the “Website”), and the Users who use such fee-based service shall pay the usage fee as designated in the Website.
5.2 In the event the User is delayed in paying the usage fee, the User shall pay the delay fee at the rate of 14.6% per annum.
5.3 In the event the Company makes a change in the usage fee set forth in the Clause 1, the Company shall notify the User in a manner which the Company thinks appropriate no later than 15 days prior to the date of such change. If the User continues to use the fee-based service of which the usage fee has changed after the Company’s notification of the change of usage fee, the User shall be deemed to have consented to such change of usage fee.
5.4 The users can make hotel reservations and payments with the API provided by the supplier. Reservations and payments for these hotels shall be in accordance with the following supplier’s terms and conditions.
Supplier Terms & Conditions
Article 6 (Use of the Services)
6.1 Users shall use the Services in accordance with the condition designated by the Company.
6.2 The preparation and maintenance of information terminals, software, communication lines, and other communication environments necessary for the provision of the Services shall be undertaken at the User’s own expense and responsibility.
6.3 Users shall, at their own responsibility, take necessary measures with respect to information obtained by using the Services (including but not limited to backing up data), and the Company shall not be obliged to back up such information except when a separate agreement has been executed between the Company and the User.
Article 7 (Intellectual Property Rights)
7.1 All intellectual property rights relating to the Services and the contents shall belong to the Company or the licensor that grants licenses to the Company.
7.2 The Company shall grant Users a non-exclusive right of using the Services and contents provided to the extent necessary for the usage of the Services.
7.3 Except as set forth in the preceding Clause, all copyrights and other intellectual property rights in and to all contents relating to the Services and the Services themselves shall belong to the Company or the right holder who has granted the Company license thereof, and the User shall not, without permission of the Company, reproduce, transfer, loan, translate, reproduce, publicly transmit (including making transmittable), distribute, publish, analyze or use such contents or data provided by the Services (including but not limited to information of tourist spots, shops or hotels, location data, route data).
Article 8 (Treatment of Personal Information)
8.1 The Company shall treat the personal information of Users in accordance with its Privacy Policy (URL) and the User shall give consent that the Company treat his/her personal information in accordance with such Privacy Policy.
8.2 Notwithstanding other provisions of these Terms of Use, the Company may, at its sole discretion, process the information provided to the Company by the User into anonymously processed information so as neither to be able to identify the specific individual or organization (regarding the personal information, it means “anonymously processed information” defined in Article 2, paragraph 9 of the Act on the Protection of Personal Information (Act No. 57 of May 30, 2003 of Japan)), and use such information for improvement, development or other purposes of its services, including the Service, or provide it to a third party or publish it, and the User shall give consent to it.
Article 9 (Prohibitions)
Users shall not engage in the following acts when using the Services:
(a) Acts in violation of laws and regulations or public order and morals;
(b) Acts related to criminal acts;
(c) A fraud or intimidation to the Company, other Users or any third party;
(c) Acts that disrupt or hinder with the functionality of servers or networks of the Company and acts unauthorizedly accessing the system which connects to the Services;
(d) Acts that may hinder with the operation of services of the Company;
(e) Acts of collecting or accumulating personal information related to other users;
(f) Acts of pretending to be other users;
(g) Acts in connection with our services that provides benefits directly or indirectly to anti-social forces;
(h) Acts that infringe upon the intellectual property rights, portrait rights, privacy, reputation or other rights or interests of the Company, other users of the Services or any third parties;
(i) Any acts of posting or transmitting the following information:
(i) expressions of antisocial content that causes discomfort to others including but not limited to excessively violent expressions, explicit sexual expressions, expressions of discrimination based on race, nationality, beliefs, gender, social status, family origin, etc. or expressions that induce or encourage suicide, suicide, drug abuse;
(ii) information asking diffusion of any information to third parties, including junk, spam, chain mail;
(iii) computer virus and/or any other harmful programs;
(j) Acts making his/her account link or ally with the accounts of the organizations not designated by the Company;
(k) Acts of sales, advertising, solicitation or any other acts for profit (excluding those acts permitted by the Company), acts for sexual or obscene conduct, acts for the purpose of encountering or socializing with strangers of opposite sex, acts for the purpose of harassing, slandering or defaming honor or goodwill of the other party or any other acts of using the Services for a purpose different from the intended use of the Services;.
(l) Acts of Religious activities or solicitation of religious organizations
(m) Other acts that the Company determines inappropriate.
Article 10 (Suspension of provision of the Service)
10.1 The Company may suspend or terminate the provision of the Services in whole or in part without prior notice to the User in the event of any of the following:
(a) In the event of maintenance, inspection or updating of the computer system pertaining to the Services;
(b) In the event of difficulty to provide the Services due to force majeure such as earthquake, lightning, fire, power failure or other natural disaster;
(c) In the event when the computer or communication line is stopped due to an accident; or
(d) In the event the Company determines it difficult to provide the Services.
10.2 The Company shall not be liable for any disadvantage or damage whatsoever suffered by the User or any third party due to the suspension or interruption of the provision of the Services for any reason.
Article 11 (User Content)
11.1 The User represents and warrants to the Company that he/she has legal rights to acquire the Posted Data or transmit it to the Company and that to do the same will not infringe any right of third parties.
11.2 Copyright of texts, images, and videos posted or edited by the User using the Services or through services allied to the Services (hereinafter referred to as the “Posted Data”) shall be reserved to such User or other rights holders who grant the license to the User. Provided, however, that the User grants the Company a worldwide, non-exclusive, free of charge, sublicensable, and assignable license to use, copy, public transmission, automatic public transmission, recitation, exhibition, distribute, transfer, rental, translate, adapt and display the Posted Data for the provision of the services of the Company, and the User shall not exercise any moral rights to the Company and a person who succeeds to the right of the Company or is granted the right by the Company.
11.3 When the Company determines it is improper, the Posted Data, in the Company’s sole discretion, may not be posted on the Service.
11.4 When the User uses the linkage function for the services which are allied with the Service (such as SNS) (hereinafter referred to as “Allied Service”), the Company may post the Posted Data and related URL, etc. to the Allied Service on behalf of the User, and the User shall give consent to it.
11.5 In the event that the Company determines that the Posted Data falls under one of the items set forth in Article 9, the Company may correct or delete all or part of such Posted Data or suspend the publication of such Posted Data. The Company shall not owe any liability for damage incurred by the User or any other third party caused by the such action of the Company. When the Company corrects, deletes or suspends the publication of all or part of the Posted Data, it does not owe any obligation to disclose the reason to correct, delete or suspend to the User who transmitted such Posted Data.
Article 12 (Restriction of Use and Cancellation of Registration)
12.1 The Company may, without prior notice, restrict the use of the Services in whole or in part or cancel the registration of any User in the following cases:
(a) In the event of any breach by such User of any of the provisions of these Terms of Use;
(b) In the event where it is found that there is any false information in the registration information;
(c) In the event that the User dies or an order of commencement of guardianship, curatorship or assistance for the User is made;
(d) In the event of a petition for commencement of bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation proceedings of the User;
(e) In the event that the Company has not received any response or other reply from the User more than thirty (30) days after inquiry by the Company;
(f) In the event of any cases falling under any of the items of Article 3 Clause 3;
(g) In other events that the Company determines the use of the Services inappropriate.
12.2 The Company shall not be liable for any damage caused to the User by any acts of restriction and cancellation made by the Company pursuant to this Article.
Article 13 (Disclaimer and Warranty)
13.1 The Company shall not explicitly or implicitly warrant that the Services or any information provided by the Services do not have any actual or legal defects (including, but not limited to, safety, reliability, accuracy, concurrence, completeness, usefulness, effectiveness, availability, fitness for a particular purpose, security, or other defects, errors, bugs, or infringements of rights).
13.2 The Company shall not be liable for any damage to the User arising out of the Services. Provided, however, if the damaged caused due to the intentional act or gross negligence of the Company, the Company shall owe responsibility to compensate such damage incurred to the User.
13.3 Notwithstanding the provision to set forth in the preceding Clause, if the User is the Consumer as defined in the Article 2 Clause 1 of Consumer Contract Act of Japan (Law No. 61 of 2000), the Company shall be liable to compensate damage caused to the User due to the negligence of the Company (excluding gross negligence) and the liability of the Company shall be limited not more than the amount paid by the User for the usage fee in the recent month or 500 yen, whichever is smaller.
13.4 The Company shall not be liable for any transactions, communications or disputes that may arise between the User and other Users or third parties with respect to the Services.
Article 14 (Compensation for Damages)
In the event that the Company caused damage as a result of any breach of the Terms of Use or other use of the Services by User, the User shall indemnify the Company for such damage.
Article 15 (Change of Services)
The Company may change or modify the contents of the Services or terminate the provision of the Services without notifying the User and shall not be liable for any damage caused to the User as a result thereof.
Article 16 (Amendment of these Terms of Use)
16.1 The Company may modify or add the contents of these Terms of Use at its sole discretion, and the revised Terms of Use shall, except as otherwise provided by the Company, become effective when such revision is published on the Website.
16.2 In the event the User does not agree with the revised Terms of Use, the User shall take the procedure for withdrawal from the Services in accordance with these Terms of Use. Users shall confirm the latest version of these Terms of Use at their own responsibility, when he/she uses the Services.
The Company may amend these Terms of Use at any time without notifying the User at the the solo discretion of the Company.
Article 17 (Notice)
Notice or communication between the User and the Company shall be made in the manner prescribed by the Company.
Article 18 (Assignment of Rights and Obligations)
18.1 Users may not assign or pledge to any third party their contractual status or rights or obligations under these Terms of Use without our prior written consent of the Company.
18.2 If the Company assigns its business relating to the Service to other company, it may assign its contractual status, rights and obligations and the Posted Data or other information of the Users to the assignee of such business assignment and the Users are deemed to have consented to such assignment in advance under this paragraph. The business assignment in this Clause shall include comprehensive succession due to a merger or company split by which the Company will be an absorbed company or a split company.
Article 19 (Survival)
The provision of Article 7 Clause 3, Article 8, Article 9, Article 11, Article 12 Clause 2, Article 13, Article 14, Article 18, Article 19 and Article 20 shall effectively survive the termination of the Agreement on Use of the Service.
Article 20 (Governing Law and Jurisdiction)
20.1 These Terms of Use shall be governed by the laws of Japan.
20.2 The Company and Users agree that the Tokyo District Court shall have exclusive jurisdiction for the first instance over any dispute arising out of or in connection with these Terms of Use.
[Established on Jul 25, 2018]