1. Use of this service
- Use of the Service requires member registration at the “Sharing Kyoto” website operated by the Company. Members may be contacted as necessary, on an individual basis or en masse, using their registered contact information, in accordance with 5. Notification method (email, telephone, postal mail, etc.), specified by the Company.
2. Service content changes
The Company may change Service contents, etc., without the approval of the Applicant. In this event, the Company will notify the Applicant of the Service contents after making changes using the method defined in 5. Notification method and the modified Service contents will be applied thereafter.
3. Application procedure
- Applicants wishing to receive Communications Devices, et al, after the application deadline may have their applications accepted when the Company deems application reception possible.
- The lines used in the rented Communications Devices, et al, shall be those specified by the Company, and shall be decided by the Company immediately before device rental.
- The Company may not approve the contract application when any of the following apply. In this event, the Company will notify the contract applicant of its refusal.
- (1) There is due reason to believe that the Applicant may violate the contract
- (2) The Applicant has entered false information in the contract application
- (3) It is likely that the Service will be used for illegal purposes or purposes which clearly violate public morality
- (4) The Applicant is likely to use the Service to damage the reputation of the Company or the Service
- (5) The Company has decided for any other reason not to provide the Service
4. Formation of contract
- The contract is formed when the Applicant completes the application process by following the procedure defined by the Company, and the Company approves said application.
- The application is considered to have been approved by the Company when an email is sent to the email address registered by the Applicant with the subject line “Your reservation has been approved.”
- If the Company determines that it cannot provide the service(s) desired by the Applicant, or, after accepting the application, determines that for whatever reason it cannot provide the services, the Applicant will be notified using the method indicated in 5. Notification method.
5. Notification method
6. Service usage period
- The rental period is measured in units on days of usage of the Service, based on Japanese time.
- The Service usage period is the period from the Service usage start day to the Service usage end day. The Service usage start day is defined as the day that the Applicant receives the Communications Devices, et al, from the Company. The Service usage end day is defined as the day that Applicant directly returns the Communications Devices, et al, to the Company. The Service usage period can be selected by the Applicant.
- When the Applicant indicates that he/she wishes to use the Service for over 30 days, or consideration must be given using the Service for a period of time due to other factors, the Company may consult with the Applicant.
7. Assignment of rights, etc.
The Applicant may not assign or transfer any of the rights or responsibilities indicated in this contract.
8. Modifying Applicant information
- The Applicant must notify the Company to modify Applicant information registered using the procedure indicated in 3. Application procedure.
- The Company cannot be held responsible if the Applicant fails to issue a notification of changes to Applicant information, and discrepancies between registered and actual Applicant and user information prevent the usage of the Service.
9. Delivery of Communications Devices, et al
- The Applicant shall receive the Communications Devices, et al, by coming directly to the designated location on the designated date and time.
- The Applicant shall present identification as requested by the Company when receiving the Communications Devices, et al.
- When the Applicant receives the Communications Devices, et al, he/she shall sign the contract prepared by the Company, and either provide his/her own credit card information or 10,000 yen in Japanese yen-denominated cash as a deposit. If he/she chooses to submit a cash deposit, the cash deposit will be returned to the Applicant on the Service usage end date.
- The Company cannot be held responsible when the Applicant is prevented from receiving the Communications Devices, et al, due to inclement weather, acts of god, delivery accidents or delays, or other factors outside the responsibility of the Company.
10. Application cancellation
After completing the application procedure, if the Applicant wishes to cancel the application, he/she must enter the required information on the online cancellation request screen and submit it to the Company at least one week in advance of the rental start date.
11. Usage fee
The Service is provided free of charge.
12. Obligation to pay penalties / compensation
- If the Applicant does not return the Communications Devices, et al, within the Service usage period, a penalty charge will be levied.
- If the Applicant does not return the Communications Devices, et al, within the Service usage period, and the Company attempts to contact the Applicant using the designated contact information in order to urge him/her to return the Communications Devices, et al, but is unable to contact the Applicant, the Applicant will be considered to have no intent to return the Communications Devices, et al, and the Applicant must pay compensation.
- If the Communications Devices, et al, are lost, damaged, or stolen, the Applicant shall immediately notify the Company. The Applicant shall pay the Company the compensation amount specified by the Company to cover repair or re-procurement expenses except in cases in which the Company bears responsibility for the loss, damage, or theft.
- When the Applicant pays compensation in accordance with the above, ownership of the Communications Devices, et al, transfers to the Applicant.
13. Compensation billing and payment methods, etc.
- When the Applicant is responsible for paying compensation the Company will charge 10,000 Japanese yen to the credit card number submitted at the time of application, or receive the deposit. This does not require the approval of the Applicant, and the Applicant will be considered to have approved this fund transfer.
- If the Company is notified by the credit card company that use of the credit card specified by the Applicant has been suspended, the Company will issue a payment slip. In this event, the Applicant shall pay the specified amount using the payment method indicated on the payment slip by the date indicated on said slip.
- In the event that the Company or its partners visit the Applicant in order to request or receive payment for outstanding debts, the Applicant shall pay the expenses involved in the visit by the Company or its partners.
14. Termination of the contract
The Company may immediately terminate the contract when any of the below apply to the Applicant.
- (1) The Applicant uses the Service for illegal purposes or purposes which clearly violate public morality
- (2) The Applicant uses the Service in such a manner as to significantly interfere, either directly or indirectly, with the use of the Service by others
- (3) The Applicant violates the obligations set out in the terms and conditions
- (4) The Company determines for any other reason that the contract must be terminated
When the Company stops the usage of the Service based on the above, the Company will notify the Applicant of termination of service provision in advance, as well as the reasons for terminating service provision, using the method indicated in 5. Notification method. In emergencies, when the Company deems it necessary, it may terminate service provision without notifying the Applicant.
15. Management of Communications Devices, et al
The Applicant shall endeavor to manage and maintain the Communications Devices, et al as a responsible manager, and shall not engage in any of the following with respect to the use of the Communications Devices, et al.
- (1) Transferring, reselling, purchasing, analysis, modification, alteration, destruction, disposal, loss, defacement (application of stickers, cutting, coloring, etc.), removal of attached stickers, etc.
- (2) Unauthorized use not covered by this contract
- (3) Actions prohibited by the Communications Devices, et al, instruction manual
- (4) Violation of the Telecommunications Business Act, Mobile Phone Improper Use Prevention Act, or other related laws or regulations
- When the Company deems that one of the above has occurred, it may issue a corrective action request to the Applicant, which the Applicant must comply with.
- When the Company deems that one of the above has occurred, it may issue a mandatory Communications Devices, et al, return order, which the Applicant must comply with.
- When the Company deems that one of the above has occurred, it may demand damage compensation as defined in 18. Damage compensation, and the Applicant must pay the demanded damage compensation.
16. Data communications fair usage policy
- In order to maintain network quality and fair radio spectrum usage, transmission companies in Japan and abroad may, upon detecting large amounts of data communications within short periods of time, apply transmission limits to said circuits without prior notification. This may make it impossible to connect to the internet, or may reduce transmission speeds.
- The Company cannot be held in any way responsible when usage limits are applied to the Communications Devices, et al, for the aforementioned reasons.
- If the rental Communications Devices, et al, provided by the Service are used by the Applicant or user, with or without malicious intent, to connect a communications device such as a smartphone, etc., including e-book readers, to a communications network using a method other than the method indicated by the Company, the communications provider being used may levy overseas data roaming charges or other communications charges. The Company cannot be held in any way responsible in the event that this occurs. The Company cannot be held in any way responsible if the use of the Communications Devices, et al, is impeded, and neither the Applicant or user notify the Company within the usage period.
- The Applicant shall recognize in advance the fact that the Company cannot be held in any way responsible if any errors in the procedures defined in 3. Application procedure result in the use of the Communications Devices, et al, at the usage site being impeded.
- Regardless of the reason, the Company cannot be held in any way responsible to the Applicant for any accidents or damages, etc. suffered by the Applicant due to use of the Communications Devices, et al, being impeded.
- However, if communications problems occur due to intentional acts or negligence by the Company, preventing the Service from fulfilling its purpose, the Company will make restitution to the Applicant by providing an alternative means of communication in place of the Service. The Company cannot be held in any way responsible for extended damages beyond the scope of this contract.
18. Damage compensation
- If, in the course of use of the Service, the Applicant causes damages to the Company for reasons attributable to the Applicant, the Applicant shall provide compensation for any damages suffered by the Company.
- If, in the course of use of the Service, the Applicant causes damages to a third party, or a dispute arises with a third party, the Applicant shall be responsible for resolving the issue at their own expense. The Company cannot be held in any way responsible for said issues. In the event that the Company is held responsible by other Applicants or third parties, the Applicant shall be responsible for resolving said disputes at their own expense. The Company cannot be held in any way responsible for said issues.
19. Personal information handling
The application information pertaining to the contract and other information regarding the Applicant acquired by the Company will be handled in accordance with the Company’s “Personal Information Protection Basic Policy.”
20. Changes to the Terms
When the Company deems it necessary, it may change the Terms of Service without advance notification or disclosure to the Applicant. Use of the Service by the Applicant is considered to indicate agreement with the latest terms.
Last updated: May 25, 2016