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” (hereinafter referred to as “GO”) operated by GO Inc. (hereinafter referred to as the “Company”) (hereinafter collectively referred to as the “App”; in case of change in the names of the apps, the term “App” includes the apps as changed) (hereinafter referred to as the “Services”) (hereinafter each referred to as a “User”). The term “Services” includes, among other things, the “Taxi Allocation Service,” “GO Pay,” “GO Ticket,” and “Coupon,” each as defined below, and further includes cases where these Services are provided by the Company through services of third parties partnered with the Company.
Where any terms have been established separately herefrom for any service on the App (hereinafter referred to as “Individual Terms”), Users 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 will publicize 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.
Each User must accept the provisions of these Terms of Use before using the Services. Upon such acceptance by the User, a contract whose terms consist of these Terms of Use (hereinafter referred to as a “Usage Contract”) is formed between the Company and the User.
A minor shall have obtained the consent of his/her parent or other legal representatives before using the Services.
Each User must create an account for the Services by registering, in Japan, the information prescribed by the Company (including, without limitation, authentication information; hereinafter referred to as “Registration Information”). The Company will deem all acts performed by using the Registration Information to have been performed by the User. In any services provided by the Company other than the Services, the Company may use the User’s Registration Information and account for the Services.
The User is entitled to terminate the Usage Contract at any time pursuant to the procedure prescribed by the Company. However, the Company may not accept the termination of the Usage Contract by the User if any reasonable grounds exist such as in case the User has unfulfilled obligations under the Usage Contract. Once the Usage Contract is terminated, the User will no longer have access to the Registration Information or any other information on the User’s use of the Services.
Each User represents and warrants the following:
Each User shall use the Services pursuant to the procedures set forth herein and by the Company.
Each User shall pay consideration for using the Services pursuant to the procedures set forth herein and by the Company.
In using the Services, a User must not engage in any act that falls or is likely to fall under any of the following:
Each User accepts the following terms regarding the attribution of rights related to the Services:
1.8.1 The Company shall handle in accordance with the privacy policy separately established by the Company, and each User acknowledges that the Company will so handle, all personal information of the 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).
1.8.2 Each User shall authorize the Company to provide such part of the User’s personal information as is specified by the Company to the relevant Taxi Company and other businesses, to the extent necessary for taxi allocation and for completion of payment of the Taxi Fare, etc. as required by these Terms of Use, and the Company shall provide the User’s personal information to the Taxi Company and other relevant businesses on behalf of the User.
1.9.1 If the User causes damage to the Company as a result of the User’s breach of these Terms of Use or in connection with the User’s use of the Services, the User must compensate the Company for such damage.
1.9.2 If, in connection with the User’s use of the Services, the User receives a complaint from a Taxi Company, another User, or any other third party, or a dispute arises between any of the above entities and the User, the User shall immediately notify the Company of the details of such complaint or dispute, shall handle the claim or dispute at the expense and responsibility of the User, and shall report the process and results thereof to the Company at its request.
1.9.3 If the Company receives any demand or claim from a Taxi Company, another User, or any other third party, in connection with the User’s use of the Services on the grounds of violation of rights or for any other reason, the User shall compensate the Company for the amount of money (if any) the Company is obligated to pay to such third party based on such demand.
The App and the Services are provided on an “as-is” basis. The Company does not, whether expressly or implicitly, warrant that the Services are free from security or other defects, errors, bugs, rights infringement, insecurity, or unreliability(hereinafter referred to as “Defects”), or warrant the accuracy, integrity, effectiveness, fitness for particular purposes, or commercial usefulness of the Services, and the Company has no obligation to eliminate these Defects before providing the Services to Users.
If any of the following events occurs or is likely to occur in respect of a User, the Company may suspend or discontinue the provision of all or part of the Services to the User without prior notice to the User, in which case 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 remain in full force and effect between the Company and the User from the time of formation of the Usage Contract until the earliest of: (i) the date on which the Company or the User deletes the User’s account; (ii)the date on which the User erases the App from his/her compatible device by uninstalling the App or by other means; or (iii) the date on which the provision of the Services is terminated.
1.14.1. 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.
1.14.2. If the Company transfers its business related to the Services to another person, the Company is entitled to, and each User acknowledges and agrees in advance 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 and agreement by the User shall cover not only business transfers but also company splits and all other events in which a business is transferred.
The provisions of Section 1.5 (only if any payment is outstanding), 1.7, 1.9, 1.10.2, 1.11, 1.13 through 1.15, 2.2.3 (only if any payment is outstanding), 2.4, 2.6, and 3.3 through 3.7 (in the case of Sections 3.3 through 3.7, 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 as the court of first instance over any dispute related to 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 App 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 Services 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 Services a taxi or limousine (hereinafter collectively referred to as 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 arrangement of a Taxi available for pickup at the location specified by the User (hereinafter referred to as a “Taxi Allocation Service”), 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 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 available to the User for ride. Therefore, the Company assumes no liability for any lack of availability of Taxi of the Taxi Company of the User’s choice (meaning the number of Taxi considered by the Taxi Company to be available for pickup at the time of the taxi allocation request; the same applies hereinafter).
If a User wishes to change the details of a taxi allocation request after making it through the App, the User shall, through the App, pay the Cancellation Fee, cancel the taxi allocation request, and make another taxi allocation request. Whether or not a taxi will actually be allocated upon the second taxi allocation request depends on the situation at the time of such second 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:
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 the Company considers that a User has made any of the following taxi allocation requests, 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.
Each User accepts the following terms:
Subject to his/her acceptance of the following provisions, the User may use the Services to send money on a voluntary basis to the driver who provided the passenger transport service (hereinafter referred to as a “Tip”):
“GO Pay” is a service that allows a User to pay a Taxi Fare, etc. by using the payment method registered with the App by the User in advance. Some Taxi Companies may not accept GO Pay.
To use GO Pay, a User shall make prior registration with GO Pay pursuant to the procedure prescribed by the Company.
A User shall use GO Pay in compliance with the contract with the provider of the payment method registered by the User with GO Pay.
3.3.1. Where a User has specified a payment method for the Taxi Fare, etc. on GO Pay, the User may pay the Taxi Fare, etc. by the payment method registered in advance. In such case, 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.
3.3.2 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 provider of the payment method 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.
The Company shall be entitled to set the maximum amount of a Taxi Fare, etc. that is allowed to be paid per payment. In such case, the Company will 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 to the Taxi Company by payment means other than GO Pay.
The payment means that a User is allowed to register with GO Pay is limited to a credit card or other payment means that the User is duly authorized to use.
If for any reason a User is unable to pay the Taxi Fare, etc. by the payment method registered with GO Pay, the User shall make another payment attempt after resolving the cause of the payment failure or shall pay the Taxi Fare, etc. by payment means other than GO Pay.
3.7.1. Each User acknowledges in advance that if the User leaves a Taxi without paying the Taxi Fare, etc., the Company or the Taxi Company may process the payment afterward by the payment method registered with GO Pay. In such case, the sales processing date associated with the use of GO Pay may be different from the actual pickup date.
3.7.2. Each User acknowledges and agrees in advance that if any excess or deficiency is found in the amount of the Taxi Fare, etc. paid by the payment method registered with GO Pay (including without limitation cases involving omission of expressway tolls, parking fees, or other advances paid, or omission of discount application), the amount of Taxi Fare, etc. may be adjusted afterward.
3.8.1. If any of the following events has occurred or is likely to occur in respect of a User’s use of GO Pay, the Company shall be entitled to restrict the User’s use of GO Pay even if the User has registered for use with GO Pay:
3.8.2. Each User acknowledges that if the User, at the time of making a taxi allocation request, chooses GO Pay as the payment method for the Taxi Fare, etc., his/her identity will be verified at pickup by the method specified 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) shall not be entitled to use GO Pay but shall pay the applicable Taxi Fare, etc. by payment means other than GO Pay pursuant to the applicable rules established by the Taxi Company.
Payment by GO Pay may not be processed normally due to a poor communication environment at the time of payment. The Company does not warrant that payment by GO Pay will be processed normally.
An “E-Taxi Ticket” is a taxi ticket (hereinafter referred to as "GO Ticket") issued electro magnetically by the Company. The GO Ticket is a service that can be used by a User to pay Taxi Fares, etc. payable by the User within the set maximum amount, by presenting the GO Ticket to the Taxi Company in a manner prescribed by the Company.
If a GO Ticket is used to make payment, the payment will be applied in the following order: the Arrangement Fees and the Taxi Fare.
The User may not use a GO Ticket if for any reason the contract between the Company and the business partner is suspended or terminated or if for any reason the Company decides to suspend the use of GO Tickets.
An “E-Taxi Coupon” is an electronic taxi coupon (hereinafter referred to as "Coupon") issued by the Company. The Coupon is a service that, when used by a User pursuant to the procedure prescribed by the Company, reduces the amount payable by the User under the Taxi Allocation Service Contract, by up to the set maximum amount.
When paying the Taxi Fare, etc. without using the Taxi Allocation Service, the User cannot use a Coupon.
A User can use a GO Ticket or Coupon by registering with his/her App, in advance, the Company's prescribed identifier shown on the GO Ticket or Coupon issued by the Company (hereinafter collectively referred to as an “Identification Code”) and choosing to use the GO Ticket or Coupon at the time of using GO Pay, or by any other method separately specified by the Company. The User shall not disclose, publicize or otherwise make available the Identification Code to third parties unless permitted by the Company.
A GO Ticket or Coupon may not be used if the payment by GO Pay is not completed successfully when using the GO Ticket or Coupon. In such case, the User shall use such GO Ticket or Coupon for any other Taxi Allocation Service Contract that may be formed while the GO Ticket or Coupon is valid.
The Company shall not be liable for any loss, theft, third party use or other misuse of GO Ticket or Coupon for any reason whatsoever, and shall not reissue them.
The Company may set an expiry date for a GO Ticket or Coupon. For details, please check the contact form page. After the termination of a User’s Usage Contract, the User will no longer be allowed to use any GO Ticket and Coupon, regardless of its expiry date.
In using the GO Ticket and Coupon, a User must not engage in any of the following acts:
When a User pays a Taxi Fares, etc. using GO Pay, the Company will issue a proper receipt, and a User shall not receive a receipt from a Taxi Company. The Company will issue a receipt only for the amount for which the Company is authorized to issue an invoice. Depending on whether or not a Coupon is used and how the Services are used, the Taxi Fare may be excluded from the amount of the receipt. The method of issuance of a receipt shall be subject to the procedure prescribed by the Company.
In the event of any conflict or inconsistency between the Japanese version and any other language version of these Terms of Use, the Japanese version shall prevail.
End