General Terms and Conditions of Use for Digital Pass

Odakyu Electric Railway Co., Ltd.

These General Terms and Conditions of Use for Digital Pass (hereinafter referred to as these "Terms ") set forth the terms and conditions of use, etc., for the services (hereinafter referred to as the "Individual Service") regarding digital passes and/or coupons, etc. (hereinafter referred to as the “Digital Pass”) which are sold on the Service (as defined below) and to which these Terms are stated to apply in the terms and conditions of such Digital Pass.  For the purpose of these Terms, the “Service” shall mean the services provided through the application "EMot" and the website "EMot Online Tickets" which are both operated and provided by Odakyu Electric Railway Co., Ltd. (hereinafter referred to as the "Company").

1.    Definitions

⑴     "User" means a customer who uses the Individual Service after accepting these Terms.

⑵     “Individual Terms” means the “Terms of Individual Service” as defined in Article 1 of the “EMot Terms of Service” which expressly provide that these Terms shall be applied thereto.

⑶     “User Account” means an account for the Service held by a User.

⑷     “User Device” means the information terminal device used by a User for the Individual Services.

⑸     “2D Code for Ticket Gate” means a two-dimensional code that is assigned to a certain Digital Pass and that is displayed on the screen after the User has completed the procedures for using the Digital Pass as specified by the Company on the Service.

⑹     “2D Code Device” means the information terminal device that reads the two-dimensional code and displays the results of the validation process.

2.    Application of these Terms

⑴     These Terms set forth the terms and conditions of and precautions for use of the Individual Services, and shall apply to all Users.

⑵     In using the Individual Services, the Users agree to abide by these Terms, Individual Terms for the relevant Digital Pass, the terms of service for the Service, and other conditions of use, terms, and other notices separately stipulated by the Company (collectively, the "Terms, etc.").

⑶     The Company may change the contents of these Terms, etc.  In this case, upon setting the effective date of the change, the Company shall inform the User in advance of such effective date of the change and content of the change in a manner that the Company deems appropriate, and if the User uses the Individual Service after the change takes effect, the User is deemed to have agreed to the change.

⑷     The Users are deemed to have agreed to these Terms, etc. when they use the Individual Service.

3.    Establishment of Contract

⑴     When a User completes the prescribed purchase order procedures on the Service, and when the Company provides the User with the information necessary for the use of the Individual Service through the processing of the display of the Digital Pass on the Service and other information processing prescribed by the Company, a contract for the use of the Individual Service with the contents of these Terms, etc. shall be established between the User and the Company.

⑵     The User acknowledges and agrees that there may be cases where the User is unable to use all or part of the functions of the Individual Service due to the performance, etc. of the User Device, and shall not object thereto.

4.    Purchase/Transfer of Digital Pass

⑴     A User may purchase a Digital Pass by entering the required information on the Service and agreeing to these Terms, etc.

⑵     The number of unused Digital Passes that a User may hold shall be limited to ten (10) per each type of Digital Pass.

⑶     If the User is a minor, an adult ward, a person under curatorship or a person under assistance, the User shall obtain the consent of the legal representative, guardian, curator or assistant (including consent to these Terms, etc.) before purchasing the Digital Pass.

⑷     A User may transfer a purchased Digital Pass to another User (hereinafter referred to as the "Transferee") by using the transfer function on the Service.  The Transferee shall agree to these Terms, etc. at the time when the Digital Pass is transferred thereto.

5.    Effectiveness and Usage of Digital Pass

⑴     The User may use only one (1) Digital Pass per a User Device at a time.

⑵     After completing the procedures to start using the Digital Pass specified by the Company on the Service, the User can use the Individual Services related to the Digital Pass by the following methods.

A)     Presenting a screen showing the validity period of the Digital Pass that can be displayed on the Service to a train station staff, bus attendant, ropeway/cable car station staff, passenger ship attendant, or other Digital Pass facility staff when entering or boarding a station or other facility.

B)     Reading a two-dimensional code at ticket gates at railroad stations, etc., where two-dimensional code-enabled ticket gates are installed.

⑶     If the device is lost, out of battery, or otherwise unable to display the Digital Pass on the User Device, the Digital Pass cannot be used.

6.    Order and Sales Period of Digital Pass, etc.

⑴     The order and sales period for the Digital Pass will be announced by the Company on the Service.

⑵     The order and sales period for the Digital Pass is subject to change without notice.

7.    Refunds

⑴     Refunds of the Digital Pass prior to the commencement of travel and use shall be made in accordance with the relevant Individual Terms concerning the Digital Pass.

⑵     Only the User who has purchased the Digital Pass may make a refund of such Digital Pass.

8.    When the Digital Pass becomes Invalid

⑴     In the event that a User withdraws from the Service and deletes its User Account, the Digital Pass held in the User Account shall cease to be effective.

⑵     The Digital Pass will cease to be effective if any of the following events occur.

A)  If a User uses the Digital Pass by altering the screen display of the Service without permission of the Company;

B)  If a User uses the Digital Pass any other way illegally;

C)  If a User purchases or uses the Digital Pass by committing any of the prohibited acts set forth in each item of Article 9 of these Terms; and

D)     If a User commit any other violation of these Terms.

9.    Prohibitions

The User shall not perform any of the following acts when using the Individual Service.

⑴     Criminal acts or acts that lead to crimes;

⑵     Acts of entering or transmitting information that is contrary to the facts, or acts of falsifying or erasing information;

⑶     Actions that interfere with the operation of the Individual Services;

⑷     Acts of using the Individual Services by impersonating a third party;

⑸     Acts of violating laws and regulations or public order and morals, or acts of causing disadvantage to other Users or third parties;

⑹     Encouraging any of the acts set forth in the preceding articles;

⑺     Act in a manner that the Company deems likely to fall under any of the foregoing items; and

⑻     Other actions that the Company deems inappropriate.

10.  Responsibility of Users

⑴     In the event that a User causes damage to the Company or a third party due to an act that is in violation of these Terms etc., or due to a fraudulent or illegal act, the User shall compensate the Company or the third party for such damage.

⑵     In the event that a User causes damage to a third party through the use of the Individual Services, the User shall resolve the matter at its own responsibility and expense, and shall hold harmless the Company from and against any damage, etc.

11.  Disclaimer

⑴     The Company does not guarantee the accuracy, completeness, concurrence, usefulness, operation, quality, etc. of the use of the Individual Services and the provision of services thereunder, and shall not be liable whatsoever for any damages incurred by the User or any third party due to the use of the Individual Services.

⑵     In the event that the Company changes or terminates the provision of Individual Services in accordance with Article 12 or Article 13 of these Terms, the Company shall not assume any obligation or responsibility to any User.

⑶     In the event that a dispute arises between the Users or with a third party when using the Individual Services, the dispute shall be resolved between the parties concerned, and the User shall not make any claims or file any complaint with the Company.

⑷     The User agrees that the Company shall not be liable for any damage or loss incurred by the User or any third party as a result of any of the following, except in cases where such damage or loss is caused by the intentional act or gross negligence of the Company.

A)     Damage, etc. to the User, etc. caused by the User Device malfunctions, etc., line failures of telecommunication carriers or providers, system failures, etc.;

B)     Damages to the User, etc. due to the inability to use the Individual Services for the reasons set forth in Article 3, Item 2 of these Terms;

C)     Damage to the User, etc. caused by a third party's use, change, or refund of the Digital Pass due to the User's intentional or negligent act; and

D)     Any other damage incurred by the User, etc. that is not caused by intentional act or gross negligence of the Company.

12.  Discontinue and Suspension of Individual Service

The Company may discontinue or suspend the provision of the Individual Service without notice to the User in any of the following cases.

⑴     In the event of regular or emergency system maintenance of the Services or the Individual Services, or in the event that the Services are suspended or discontinued in accordance with these Terms, etc.;

⑵     In the event that the provision of the Service or the Individual Services is difficult due to line failures or system failures of telecommunications carriers or provider;

⑶     In the event of war, riots, earthquakes, fires, power outages or other emergencies; and

⑷     In any other case where the Company deems it necessary for the operation of the Individual Services.

13.  Change or Abolition, etc. of Individual Service

The Company may add, change, or reduce all or part of the Individual Services without the User’s consent or prior notice.

14.  Severability

If any provision of these Terms, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, such provision shall be construed only to the extent that it is held invalid, and the remaining portions shall continue in full force and effect.

15.  Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Japan.

16.  Jurisdiction

The Tokyo District Court shall be the exclusive jurisdictional court of the first instance for all disputes related to the use of the Individual Services.

As of March 2nd, 2021