These Terms of Use shall apply, as a special agreement under the Part on Arranged Travel Contract of the Travel Terms and Conditions, between the Company and all persons who use the services provided by the application software called “GO” (formerly “MOV”; hereinafter referred to as “GO”) and “JapanTaxi” operated by Mobility Technologies Co., Ltd. (hereinafter referred to as the “Company”) (hereinafter collectively referred to as the “App”; in case of change in the names or substance of the apps for any reason, the term “App” includes the apps as changed) (hereinafter referred to as the “Services,” which includes the Taxi Allocation Service as defined in Section 2.2 and “GO Pay” as defined in Section 2, as well as these services provided by the Company through application software provided by third parties partnered with the Company) (hereinafter each referred to as a “User”).
Where any terms have been established separately herefrom for any service on the App (hereinafter referred to as “Individual Terms”), Users of the service are subject to the provisions of those Individual Terms in addition to these Terms of Use. In the event of any inconsistency between any provision of these Terms of Use and any provision of any Individual Terms, the provisions of Individual Terms shall prevail.
If the Company deems it necessary, the Company may amend the provisions of these Terms of Use pursuant to the provisions of Article 548-4 of the Japanese Civil Code. In such case, the Company shall publicize the intended amendment of these Terms of Use, the provisions of these Terms of Use as changed, and the effective date by posting on the App or the Company’s website or by other means. These Terms of Use as changed will apply to all Users as from such effective date.
A person who intends to use the Services shall, after downloading and installing the App on his/her compatible device (meaning smartphone, tablet or any other electronic device specified by the Company; the same applies hereinafter), accept the provisions of these Terms of Use in accordance with the method specified by the Company, and will be entitled to use the App subject always to such acceptance. Upon such acceptance by the User, a contract for his/her use of the App in accordance with the provisions of these Terms of Use (hereinafter referred to as a “Usage Contract”) is formed between the Company and the User.
If a person who intends to use the Services is a minor, he/she must obtain the consent of his/her parent or other legal representative before using the App. If a minor uses the Services, the minor will be deemed to have obtained the consent of his/her parent or other legal representatives.
A person who intends to use the Services must first create an account for the Services by registering the information prescribed by the Company (including, without limitation, authentication information; hereinafter referred to as “Registration Information”). The Company shall be entitled to deem all acts performed by using the Registration Information to have been performed by the User and shall be entitled to deem the Registration Information to be information on the User. The Company may use the User’s account for the Services (including the Registration Information) in common for any services provided by the Company other than the Services.
The User is entitled to terminate the Usage Contract pursuant to the procedure prescribed by the Company. However, the Company may not accept the termination of the Usage Contract by the User if the User has unfulfilled obligations under the Usage Contract or if other reasonable grounds exist. Please be advised in advance that once the Usage Contract is terminated, the User will no longer have access to the Registration Information or any other information recorded on the App.
Each User represents and warrants, or covenants, the following in his/her use of the Services:
A User is entitled to use the Services during the effective term of the Usage Contract pursuant to the procedures set forth herein and by the Company. Use of the Taxi Allocation Service shall be subject to the provisions of Section 2, “Taxi Allocation Service.” Use of GO Pay shall be subject to the provisions of Section 3, “Use of GO Pay.”
Consideration for using the Services payable by a User, the method of payment thereof, and other details shall be subject to the provisions of Section 2, “Taxi Allocation Service,” and Section 3, “Use of GO Pay.”
In using the Services, a User must not engage in any of the following acts:
Each User accepts the following terms regarding the attribution of rights related to the Services:
All personal information of a User received by the Company in the course of providing the Services (including “personal information” as defined in the Act on the Protection of Personal Information, email addresses, and the User’s location information; the same applies hereinafter) shall be handled in accordance with the privacy policy separately established by the Company, and the User accepts the Company’s privacy policy. Where the User requests taxi allocation in the manner set forth in these Terms of Use, the User shall request the Company to provide such part of his/her personal information as is specified by the Company to the relevant Taxi Company and other businesses, to the extent necessary for taxi allocation in response to the taxi allocation request and for completion of payment of the Taxi Fare (as defined in Section 2.3; the same applies hereinafter) or the Arrangement Fees, etc. (as defined in Section 2.3 (3)), and the Company shall, in response to such request, provide the User’s personal information to the Taxi Company and other relevant businesses on behalf of the User.
Each User accepts the following terms regarding his/her responsibility for equipment and related matters in using the App and the Services:
Each User accepts the following terms in using the Services:
The App and the Services are provided on an “as-is” basis. The Company makes no warranty, express or implied, with respect to the security or any other aspect of the App and the Services, including the Taxi Allocation Service (as defined in Section 2.2.1), including that they are free from defects, errors, bugs, or rights infringement and including with respect to their safety, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, and commercial usefulness (hereinafter referred to as “Defects”), and has no obligation to eliminate these Defects before providing the App and the Services to Users.
The Company assumes no liability for any damage to a User caused by the App or the Services (including loss of data or failure of or damage to equipment as a result of the User’s use of the App), unless such damage is caused by intent or gross negligence on the part of the Company. However, if the Usage Contract constitutes a “Consumer Contract” as defined in the Consumer Contract Act and if the Company is held liable for any non-performance of its obligations or any tort caused by the Company’s negligence (excluding gross negligence), the Company is not liable for lost profits or any other damage arising from exceptional circumstances, but assumes liability for damages within the extent of damage that would normally occur and up to the amount of the higher of the Arrangement Fees (as defined in Section 2.2.4) or the pickup fee related to the relevant taxi allocation request (provided that if such amount is nil, it shall be deemed to be five hundred (500) yen). If any damage is incurred by a User due to gross negligence on the part of the Company (except where the Usage Contract constitutes a “Consumer Contract” as defined in the Consumer Contract Act), the Company is not liable to compensate for lost profits or any other damage arising from exceptional circumstances but assumes liability for damages within the extent of damage that would normally occur and up to the amount of the higher of the Arrangement Fees or the pickup fee related to the relevant taxi allocation request (provided that if such amount is nil, it shall be deemed to be five hundred (500) yen).
A User is not allowed to use the App or the Services for any reason in any of the following events. In these events, the Company shall be entitled to suspend the User’s use of the Services, and the User must promptly uninstall or otherwise erase the App from the compatible device in the possession or control of the User.
In any of the following events, the Company shall be entitled to suspend or interrupt the provision of all or part of the Services to the User without prior notice to the User:
A Usage Contract shall become effective on the date on which the User accepts these Terms of Use in accordance with Section 1.2 and shall remain in full force and effect between the Company and the User until the earlier of: (i) the date on which the User deletes his/her account or erases the App from his/her compatible device by uninstalling the App or by other means; or (ii) the date on which the provision of the Services is terminated.
No User is entitled to transfer, assign, provide as security, or otherwise dispose of any right or obligation under the Usage Contract to or in favor of any third party. If the Company transfers its business related to the Services to another company, the Company is entitled to, and each User acknowledges in advance in this paragraph that the Company is entitled to, transfer the Company’s status under the Usage Contract, the Company’s rights and obligations under these Terms of Use, and information on the User to the transferee of the business transfer in association with the business transfer. This acknowledgment by the User shall cover not only business transfers but also company splits and all other events in which a business is transferred.
1.5.The provisions of Section 1.5 (only if any payment is outstanding), 1.7, 1.9 (3), 1.10, 1.12, 1.14 through 1.16, 2.3 (only if any payment is outstanding), 2.4, 2.6, and 3.5 through 3.9 (in the case of Sections 3.5 through 3.9, only if any payment is outstanding) shall remain in full force and effect notwithstanding the termination of a Usage Contract.
These Terms of Use shall be governed by the laws of Japan. The parties hereto agree that the Tokyo District Court shall have exclusive jurisdiction over any legal dispute related to these Terms of Use and the Services.
All notices from the Company to a User will be given using the User’s email address or telephone number registered with the Company or by means of notification using the App’s function and shall be deemed received when a notice given by email or SMS or through the App should normally be received.
The Company shall be entitled to discontinue the Service at any time for its own reason.
This Section 2, “Taxi Allocation Service,” sets forth the taxi allocation service provided by the Company (including the various functions provided by the Company in relation to taxi allocation).
At the time when the Company indicates on the App a Taxi available for pickup in response to a User’s request to the Company, made in accordance with the method specified by the Company, for allocation of a Taxi available for pickup at the location designated by the User, the Company shall be deemed to have accepted the request, and a contract for the Taxi Allocation Service is formed between the User and the Company (hereinafter referred to as a “Taxi Allocation Service Contract; the service to be provided thereunder is referred to as the “Taxi Allocation Service”). The Company will strive to search for a Taxi available for pickup in response to the User’s taxi allocation request but does not promise that a Taxi will be able to the User. Therefore, the Company assumes no liability for any lack of availability of Taxis of the Taxi Company of the User’s choice (meaning the number of Taxis considered by the Taxi Company to be available for pickup at the time of the taxi allocation request; the same applies hereinafter).
Prior to making a taxi allocation request, the User shall read the terms and conditions of the contract for the Taxi Allocation Service shown on the App.
A User must not make any of the following taxi allocation requests. If the Company considers that any of the following requests has been made by a User, the Company shall be entitled to refrain from searching for a Taxi available for pickup and to cancel any Taxi Allocation Service Contract that may have been formed. The Company is entitled to deem that a Taxi Allocation Service Contract has been cancelled by the User in such cases as where the User takes a Taxi that is not the one allocated in response to the User’s taxi allocation request or where the User fails to show up at the location designated by the User after a certain time following arrival at such location of the Taxi allocated in response to the User’s taxi allocation request.
Subject always to the Company’s approval, a User is entitled to use the function that allows a User to make a taxi allocation request requiring the use of such route and to charge such fare as is fixed on the App in advance (hereinafter referred to as “Pre-fixed Fare”) (hereinafter referred to as the “Pre-fixed Fare Function”). Where a User makes a taxi allocation request using the Pre-fixed Fare Function, the User accepts the following terms:
A contract for the passenger transport service is formed between the User and the Taxi Company and is subject to the provisions of the applicable terms and conditions and the like established by the Taxi Company. The User acknowledges the following in advance regarding the User’s receipt of the passenger transport service.
Where the person who makes a taxi allocation request using the App (hereinafter referred to as the “Orderer”) is not the person who will receive the passenger transport service (hereinafter referred to as the “Passenger”) (hereinafter referred to as “Third-Party Use”), the Orderer shall have the Passenger accept or comply with the provisions of these Terms of Use (including the privacy policy referred to in Section 1.8), and shall assume any liability for any breach of these Terms of Use by the Passenger and any other liability that may arise in connection with the Passenger’s receipt of the passenger transport service associated with the taxi allocation request.
If a User wishes to change the details of a taxi allocation request after making it through the App, the User shall cancel the taxi allocation request using the App and shall make another taxi allocation request pursuant to the provisions of Sections 2.2.1 through 2.2.3. Whether or not a taxi will actually be allocated upon the second taxi allocation request depends on the situation at the time of such taxi allocation request. If taxi allocation has already been finalized at the time of cancellation of the taxi allocation request, the User shall pay the applicable Arrangement Fees, etc. pursuant to Section 2.3 (3).
Each User accepts the following terms:
“GO Pay” is a service that allows a User to pay a Taxi Fare, etc. or Arrangement Fees, etc., as defined in Section 2.3, charged for the User’s use of a Taxi, including where the Taxi Allocation Service is used, by using the payment method (meaning any of the payment methods including credit card, carrier billing, etc. designated by the Company; the same applies hereinafter) registered with the App by the User in advance. Fees that can be paid using GO Pay are Taxi Fares, etc. or Arrangement Fees, etc. as defined in Section 2.3. Taxi Companies that accept GO Pay shall be limited to those designated by the Company on the Services. Some Taxi Companies may not accept GO Pay. Any meal expenses, admission fees, etc. incurred in addition to the fees incurred in connection with the Taxi operation shall be paid by the passenger to the relevant facilities.
Where a User wishes to use GO Pay, the User shall make prior registration with the App pursuant to the procedure prescribed by the Company.
The Company shall send an email stating the person who made the booking, the scheduled arrival date and time, and the number of taxis to the User who made such registration at the email address specified in advance by the User (hereinafter referred to as a “Confirmation Email”) or shall indicate on the App screen a message that a taxi(s) are heading to them (hereinafter referred to as a “Booking Confirmation”).
At the time when the Booking Confirmation is shown on the App screen or the Confirmation Email is sent, in each case after the allocated taxi(s) has been decided upon, a contract for the User’s use of GO Pay to pay the Taxi Fare, etc. associated with the taxi allocation request (hereinafter referred to as a “Payment Contract”) shall be formed between the Company and the User. However, the formation of the Payment Contract shall not be affected by the occurrence of any event where the User is unable to receive the Booking Confirmation due to communication circumstances or an erroneous email address or any other cause.
A User shall use GO Pay on the condition that the User will, at his/her own expense and responsibility, comply with the applicable rules for the use of the payment method used by the User through GO Pay or the terms of the relevant contracts or the like on such payment method, in each case established by the entity which provides such payment method to the User (including a credit card company or telecommunications carrier; hereinafter referred to as the “Payment Method Provider”) (hereinafter collectively referred to as “Payment Rules”).
If the Company considers that any of the following events has occurred or is likely to have occurred in respect of a User’s use of GO Pay, the Company shall be entitled to refrain from issuing a Booking Confirmation even if the User has made registration as required by Section 3.1.
Each User acknowledges that his/her identity will be verified at pickup by the method designated by the Company. If the driver of the relevant Taxi Company is unable to verify the User’s identity, the User (or the Passenger in case of Third-Party Use; the same applies hereinafter in this Section 3.4) shall not be entitled to use GO Pay but shall pay the applicable Taxi Fare, etc. in cash pursuant to the applicable rules established by the Taxi Company.
Where a User using GO Pay has the obligation to pay the Taxi Fare, etc., the User shall pay the same by the payment methods registered by the User, pursuant to the instructions of the Company and the Taxi Company. The Company shall be entitled to receive such Taxi Fare, etc. on behalf of the Taxi Company or, at the request of the User, pay such Taxi Fare, etc. to the Taxi Company on behalf of the User. The handling of sales involving the use of GO Pay, the time of billing to the User, billing details, cut-off dates, and other details of the use of GO Pay shall be subject to the applicable arrangements between the relevant Payment Method Provider and the Company or the Taxi Company and to the applicable Payment Rules. The sales processing date and other payment processing dates associated with the use of GO Pay may be different from the actual pickup date.
3.1.If a User to whom a Booking Confirmation has been issued under Section 3.1 makes a cancellation, the applicable Arrangement Fees, etc. shall be paid by the payment method registered with the App in advance.
The Company shall be entitled to set the maximum amount of a Taxi Fare, etc. that is allowed to be paid per Payment Contract. In such case, the Company shall specify such maximum amount on the App. If any taxi fare, etc. payable by a User exceeds the maximum amount, the User shall pay the portion up to the maximum amount by the payment method registered in advance, with the balance to be paid in cash to the Taxi Company.
GO Pay must be used solely by the User himself/herself who has a payment method such as credit card and who is allowed to use the payment method. Even in the case of Third-Party Use, payment of the Taxi Fare, etc. by GO Pay shall be made in the name of the User himself/herself who is the Orderer.
If a User is unable to pay any Taxi Fare, etc. by credit card or other payment method registered by the User, the User shall make another payment attempt after resolving the cause of the payment failure or shall pay the Taxi Fare, etc. in cash to the Taxi Company. If a User is unable to pay any Taxi Fare, etc. by registered credit card or other payment method due to communication circumstances or other causes on the part of the Company or the Taxi Company, the User shall likewise pay the Taxi Fare, etc. in cash to the Taxi Company.
Each User acknowledges in advance that if the User leaves a Taxi despite unsuccessful payment of the Taxi Fare, etc. by registered credit card or other payment method for any reason, the Company or the Taxi Company may process payment of the Taxi Fare, etc. by registered credit card or other payment method afterward. In such case, the sales processing date associated with the use of GO Pay may be different from the actual pickup date.
Each User also acknowledges in advance that if any excess or deficiency is found in the amount of the Taxi Fare, etc. paid by registered credit card or other payment method (including without limitation cases involving omission of expressway tolls, parking fees, or other advances paid, or omission of discount application), the amount of payment processed by the Company or the Taxi Company may be adjusted afterward.
GO Pay allows payment of Taxi Fares, etc. or Arrangement Fees, etc. through the Company, and all receipts for such Taxi fares, etc. or Arrangement Fees, etc. shall be issued by the Company. The method of issuance of a receipt and any reissuance thereof shall be subject to the procedures prescribed by the Company.
The Company may, by the method prescribed by the Company, issue to a User a discount coupon which reduces claims acquired by the Company against the User as a result of the User’s use of GO Pay (including without limitation the amount of a Taxi Fare, etc.) (hereinafter referred to as a “Coupon”). The User is allowed to use such Coupon pursuant to the procedures prescribed by the Company, including without limitation by entering, during his/her use of GO Pay, the identifier prescribed by the Company and indicated on the Coupon issued by the Company (hereinafter referred to as the “Coupon Code”).
A discount on any Taxi Fare, etc. by use of a Coupon is applied by the User by choosing GO Pay as the payment method for the Services and operating it to apply the Coupon, and further by successfully completing payment by GO Pay. If the payment by GO Pay is not successfully completed, the discount by use of the Coupon may not be applied.
The Company may set an expiry date for a Coupon. For details, please check the contact form page for Coupons. After the termination of a User’s Usage Contract, the User will no longer be allowed to use any Coupon, regardless of its expiry date.
Unless permitted by the Company, no User shall disclose, announce, or otherwise make public any Coupon Code.
※In the event of any conflict or inconsistency between the Japanese version and any other language version of these Terms, the Japanese version shall prevail.
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