EMot Terms of Service

This EMot Terms of Service (hereinafter referred to as the "Terms") sets out the terms and conditions of use of the services (hereinafter referred to as the "Service") provided through the smartphone application "EMot" (hereinafter referred to as the "Application") and the website "EMot Online Tickets", which are both operated and provided by Odakyu Electric Railway Co., Ltd. (hereinafter referred to as the "Company").

 

Article 1 (Application of this Terms of Service)

1. These Terms set out the terms and conditions of and precautions for use of the Service, and shall apply to all users using the Service (hereinafter referred to as the "User").

2. In using the Service, Users shall comply with these Terms, the terms and conditions of and precautions (hereinafter referred to as the "Terms of Individual Service(s)") for use of the various services contents provided on the Service (hereinafter referred to as the "Individual Service(s)", and together with the Service, referred to as the "Service etc.") and other conditions of use, terms and other notices separately stipulated by the Company (hereinafter collectively referred to as the "Terms etc.").

3. The Company may change the contents of the Terms etc. (excluding the Terms of Individual Services for external services). 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 Service or the relevant Individual Service after the change takes effect, the User is deemed to have agreed to the change.

4. The Users are deemed to have agreed to these Terms etc. when they download the Application to their technical electronic device or use the Service.

 

Article 2 (Definition)

Definitions of the terms used in these Terms shall have the meanings set forth in the following items in addition to the meanings separately defined in this Terms. 

(1) "MaaS Japan" means the data platform that manages the data and information necessary to provide the Services.

(2) "Social Login" means to log in to the Service using the social login service provided by the Company (hereinafter referred to as the "Social Login Service").

(3) “SNS for Social Login” means social network services and other services provided by business operators other than the Company, which are designated in the service as those that can be used with the social login service.

(4) "Authentication Code" means the code notified to the User by the method prescribed by the Company to be used for identification procedure at the time of obtaining the User account or logging in to the Service.

(5) "External Service" means an Individual Service provided by a business operator other than the Company in conjunction with the Service. 

(6) "External Service Provider" refers to a provider of an External Service.

(7) "Individual Service User Rights" refers to the User’s rights regarding the use of the Individual Services.

(8) "URL for Transfer" refers to the URL of the page for transfer issued by the Company at the time of transfer of Individual Service User Rights by the User.

(9) "Settlement Service" means a service provided by a business operator commissioned by the Company, which enables payment of usage fees, etc. or refunds, etc. regarding use of the paid Individual Services through the Service.

(10) "User Account" means an account for the Service granted to each User.

(11) "User Device" refers to the information terminal device owned by the User.
(12) "Coupon Code" means a unique number issued by the Company or an External Service Provider outsourced by the Company (hereinafter referred to as the "Coupon Code Issuer etc."), which allows, by inputting it into the designated screen on the Service, the User to obtain certain Individual Service User Rights without having to make any payment on the Service.

Article 3 (Use of Service)

1. The User shall use the Service after agreeing to each provision of these Terms etc.

2. 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 Service due to the performance etc. of the User Device, and shall not object thereto. 

3. 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 using the Service. 

Article 4（Account Subscription Service）

1. In using the Service, the User is required have a User Account in order to use certain functions thereof including the Settlement Service (hereinafter referred to as the “Account Subscription Service").

2. The User obtains a User Account by completing the procedures for Social Login on the Social Login Service, or by registering its email address and authenticating itself using an authentication code on the Service. Upon completion of the said procedure to obtain a User Account, a contract for Account Subscription Service (hereinafter referred to as “Account Subscription Service Contract") will be established between the User and the Company.

3. In order to obtain a User Account through the Social Login procedure, an account on a SNS for Social Login is required. If the User does not have an account on a SNS for Social Login, the User must obtain an account on a SNS for Social Login when performing the Social Login procedures described in the previous section.

4. During the term of the Account Subscription Service Contract, the User may use the Account Subscription Service through authentication by the User Account according to the method prescribed by the Company. 

Article 5（Use of Social Login Service）

1. When using a Social Login Service, the User shall comply with the terms and conditions set forth by the Company for the Social Login Service.

2. The User acknowledges and agrees that the User may be temporarily or permanently unable to log in to the Service if any of the following events occurs on the SNS for Social Login used for the Social Login, and shall not object thereto.

(1) When the User withdraws from the SNS for Social Login;

(2) When there is a problem with the SNS for Social Login;

(3) When the operation of the SNS for Social Login is suspended or terminated;

(4) When the specification or policy of the SNS for Social Login is changed; and

(5) When the SNS for Social Login is otherwise not available.

3. When a User uses the Social Login Service to use the Service, the Company will obtain the User's email address from the provider of the relevant SNS for Social Login.

Article 6（Individual Service）

1. In the event that a User uses an Individual Service, a contract regarding the use of the Individual Service based on the relevant Terms of Individual Service shall be established between the User and the Company (or the relevant External Service Provider in the case of an External Service) separately from these Terms etc. 

2. The Individual Service will be provided in accordance with the relevant Terms of Individual Service.

3. The User may transfer its Individual Service User Rights approved by the Company to other Users in accordance with the methods prescribed by the Company (including, but not limited to, the issuance of a URL for Transfer); provided, however, that the transferee User shall not be able to further transfer to another User (excluding the transferor User) the Individual Service User Rights that it has been transferred from the transferor.
5. (i) The use of each Individual Service, its cancellation, and liability for non-conformity with the contract for use thereof, etc., (ii)the amount, calculation method, and payment method of the Individual Service Usage Fees, etc.(as defined below), and the amount, calculation method, and payment method of refunds, etc., in the event that usage fees, etc. (hereinafter referred to as "Individual Service Usage Fees, etc.") are incurred for the use of an Individual Service, shall be in accordance with the provisions of the relevant Terms of Individual Service, and the same shall apply to any changes thereof.

6. In relation to the use of the Individual Services, if the provisions of these Terms differ from the provisions of the relevant Terms of Individual Services, the provisions of the relevant Terms of Individual Services shall prevail.

Article 7（Precautions）

When using the Service, the User shall be aware of the following matters:

(1) Always stop in a safe place when using this Service, and never use it while driving or walking; and

(2) Give priority to actual sidewalk and road conditions, road signs, road markings, other traffic regulations, and traffic rules.

Article 8（Usage Fees, etc.）

1. The usage fee for the Service is free of charge; provided, however, that any and all Individual Service Usage Fees, etc. incurred when using paid Individual Services through the Service shall be borne by the User. 

2. When a User is obligated to pay any Individual Service Usage Fees, etc., for an Individual Service used through the Service, the User shall settle the Individual Service Usage Fees, etc. using the Settlement Service.  Further, when a User cancels the use of an Individual Service that has been settled by the Settlement Service, or otherwise has the right to receive a refund, etc., the User shall receive the refund, etc. through the Settlement Service.

3. When using the Settlement Service, the User shall comply with the rules concerning the use of the relevant settlement method, etc. set forth by the provider of such settlement method, etc. via the Settlement Service (including, but not limited to, credit card companies, settlement agents, collection agents, settlement certification service providers, and financial institutions) (hereinafter referred to as the “Settlement Provider, etc.”) or the contents of the contract for use of the said settlement method, etc. or the like (hereinafter referred to as the “Settlement Rules, etc.”).

4. When using the Settlement Service, the User shall settle by using the payment method (credit card, carrier settlement, etc.) registered in accordance with the Settlement Rules, etc. or as designated by the Settlement Provider, etc.  The Use of the Settlement Service shall be subject to the conditions (if any) such as terms of use, payment terms, or usage limits as specified by the Settlement Provider, etc.

5. If a dispute arises in connection with the Settlement Service or between a User and a Settlement Provider, etc., the User shall resolve the dispute at its own risk and expense, and shall hold harmless the Company from and against any damage, etc.  The Company shall not be held responsible for any such disputes. 

6. The User shall bear the costs of equipment such as information terminal equipment and communication equipment necessary to use the Service, as well as communication costs related to Internet connection.

Article 9（Handling Personal Information）

The Company shall handle the Users’ personal information concerning the Service in an appropriate manner in accordance with these Terms, the Company's company-wide Privacy Policy (https://www.odakyu.jp/english/privacy/ ), the EMot Service Privacy Policy separately established by the Company for the Service (https://www.emot.jp/privacy/), and applicable laws and regulations related to personal information protection.

Article 10（Responsibility for Managing Accounts and Passwords）

1. The User shall be responsible for managing its SNS for Social Login account and its corresponding password, as well as the email address and authentication code it registered when obtaining their User Account (hereinafter collectively referred to as "Account, etc."), and are responsible for any and all actions taken using its Account, etc. and the results of those actions, regardless of whether or not they were taken by the User. 

2. The User may not lend its Account, etc. to a third party or allow a third party to use its Account, etc.  In the event that a User or other person suffers damage due to a third party using the User's Account, etc., regardless of the cause, the Company shall bear no responsibility whatsoever.

3. The User may not use the Service by using another User's Account, etc.  In the event that a User uses the Service using another User's Account, etc., the User shall immediately compensate for any and all damages incurred as a result, and shall resolve any and all disputes that may arise at its own risk and expense.

Article 11（Intellectual Property Rights, etc.）

1. The copyright, trademark rights, design rights, and other intellectual property rights to the text, images, photographs, audio, video, and other information (hereinafter referred to as the "Copyrighted Works, etc.") provided in the Service, etc. belong to the Company, external service providers that provide the relevant Individual Service, or those who grant licenses to these, as the case may be.  The use of the Service based on these Terms does not imply in any way, a license to use the Copyrighted Works, etc. and other intellectual property rights provided in the Service etc.  The User may use the Copyrighted Works, etc. obtained through the Service only within the scope explicitly permitted within the Service or within the scope of private use legally permitted by the Copyright Act.

2. The Company shall own all copyrights (including the rights stipulated in Article 27 and Article 28 of the Copyright Act) and other rights related to the Copyrighted Works, etc. entered into the Service by the User (hereinafter referred to as the "User's Works").  The User shall not exercise its moral rights with respect to the User's Works.

Article 12（Prohibitions）

The User shall not perform any of the following acts, or acts that the Company deems to be applicable, when using the Service.  If the Company discovers that a User has committed any of the prohibited acts, the Company may suspend or prohibit the use of the Service by the User without any notice.

(1) Unauthorized access to the Service, unauthorized attacks, or actions that may lead to such attacks;

(2) Any act that disables the provision of the Service, or any other act that interferes or may interfere with the provision or operation of the Service;

(3) Acts of using the Service for commercial or for profit purposes, or acts of making the Service available for use by third parties;

(4) Acts of purchasing or reselling Individual Service User Rights that can be reserved or purchased through the Service for commercial or profit-making purposes without the permission of the Company (including, but not limited to, cases where the Individual Service User Rights purchased within the Service are transferred to a third party at a price exceeding the purchase price);

(5) Use of the Service in combination with other applications or services (excluding the Individual Services);

(6) Reverse engineering of the Service, such as decompiling, disassembling, etc.;

(7) Interference with the business activities of the Company, or acts that may interfere with such activities;

(8) Impersonate a third party or use a third party's User Account;

(9) Infringing or threatening to infringe on the privacy of a third party;

(10) Infringing or threatening to infringe the intellectual property rights, including copyrights and trademarks, or other rights of the Company or any third party;

(11) Actions that cause or may cause disadvantage or damage to the Company or a third party;

(12) Criminal acts, acts leading to criminal acts, or acts that may lead to such acts;

(13) Actions that violate these Terms;

(14) Actions that violate or may violate laws and regulations or public order and morals;

(15) Any act that directly or indirectly causes or facilitates any of the foregoing acts, or any attempt to commit any of the foregoing acts; and

(16) In addition to the preceding items, acts that the Company judges to be inappropriate based on reasonable grounds.

Article 13（Responsibility of Users）

1. In the event that a User causes damage to the Company or a third party due to an act 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.

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

Article 14（Disclaimer）

1. The Company does not guarantee the accuracy, completeness, concurrence, usefulness, operation, quality, etc. of the use of the Service, etc., the SNS for Social Login, and the Settlement Service and the provision of the 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 Service etc., the SNS for Social Login, and the Settlement Service.

2. In the event that the Company changes or terminates the provision of the Service etc. in accordance with Article 16 or Article 18 of these Terms, the Company shall not assume any obligation or responsibility to any User.

3. In the event that a dispute arises between the User and an External Service Provider, a provider of SNS for Social Login, or a provider of the Settlement Service, the dispute shall be resolved between the User and the relevant service provider, and the User shall not make any claim or file any complaint with the Company.

4. The Company shall not be liable for any damage or loss incurred by the User or any third party as a result of the User leaking or losing the URL for transfer. 

5. The User agrees that all or part of the Service etc. or the Settlement Service cannot be used in the following cases, and that the Company shall not be liable for any damage or loss incurred by the User or any third party as a result of this, except in cases where such damage or loss is caused by the intentional act or gross negligence of the Company.

(1) When the information entered by the User is incorrect;

(2) When the User Device or its related equipment is not properly installed or connected, or does not operate properly due to malfunction, damage, or failure, or is incompatible with any combination of these, or when the User has set functions that may interfere with the use of the Service etc.;

(3) When the User fails to comply with the matters described in the instruction manual, etc. of the User Device or its related equipment;

(4) When the power is not supplied normally to the User Device or its related equipment, such as when the battery of the User Device is dead; and

(5) When the power of the User Device or its related equipment is not turned on.

Article 15（Temporary Suspension of the Service）

1. The Company may temporarily suspend the provision of the Service without notice to the User in any of the following cases.

(1) In the event of regular or emergency system maintenance of the Services or MaaS Japan;

(2) In the event that the provision of the Services or the operation of MaaS Japan becomes impossible due to a natural disaster, fire, power failure, disturbance, etc.;

(3) In the event that the Services or the communication service used for MaaS Japan stops or a failure occurs;

(4) In the event of communication failure due to the operating environment of the User Device used or other circumstances; and

(5) In any other case where the Company deems it necessary to temporarily suspend the provision of the Service for operational or technical reasons.

2. When the Company notifies the Users of the temporary suspension of the Service or makes a notice to Users, the Company will notify the Users in a manner that the Company deems appropriate.  However, this shall not apply in the event of an emergency or if notification cannot be made due to unavoidable circumstances.

3. The Company shall not be liable for any damages incurred by the Users due to the suspension pursuant to Paragraph 1 of this Article 15.

Article 16（Changes or Discontinuation of the Service）

The Company may add, change, or reduce all or part of the Service etc. (including termination of linkage with external services) without the User's consent or prior notice.

Article 17（Termination of Account Subscription Service Contract）

1. A User who have a User Account can delete its User Account (hereinafter referred to as "Withdrawal") by completing the Withdrawal procedures prescribed by the Company. 

2. The Account Usage Service Contract shall terminate in the case of Withdrawal under the preceding paragraph or when the Account Usage Service Contract is cancelled in accordance with these Terms.  Except in the case of termination in accordance with this Paragraph 2, the Account Usage Service Contract will not automatically terminate even if the User removes the Application from the User Device, terminates the communication service with the telecommunications carrier for the terminal device, or terminates the use of the SNS for Social Login. 

3. Upon termination of the Account Subscription Service Contract, the User shall no longer be able to use the Account Subscription Service and shall lose all rights acquired thereby. However, this does not exempt the User from obligations and debts incurred based on reasons prior to the termination of the Account Subscription Service Contract.

4. Upon termination of the Account Subscription Service Contract, the User shall lose the benefit of time for all obligations owed to the Company through the Account Subscription Service, and shall immediately fulfill all obligations to the Company.

Article 18（Termination of the Service）

The Company may change or terminate the provision of the Service without notice to the User.

Article 19（Termination of Use by the User）

If the User deletes the Application from the User Device, the User will no longer be able to use the Service through the Application.

Article 20（Suspension of Use of the Service, etc.）

In the event that a User falls under any of the following items, the Company may cancel the Account Subscription Service Contract with the User, or suspend or prohibit the use of the Service by the User.

(1) If it is found that the User has violated these Terms etc., or if it is found that the use of the Service has been suspended or prohibited in the past due to a violation of these Terms etc., or that the Account Subscription Service Contract or contract for the use of Individual Service has been cancelled;

(2) If it is found that there were any falsehood, errors or omissions in the information entered in the application for the Service, SNS for Social Login or Settlement Service;

(3) The User is an under-age, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant;

(4) If it is found that the terms of use for services other than the Individual Services provided by the Company or its affiliates have been violated, or if it is found that it has been violated in the past;

(5) If the Service is used illegally or interfere with the operation of the Service; and

(6) In the event that the Company deems the User to be inappropriate for other reasons.

Article 21（Elimination of Antisocial Forces）

1. The User hereby represents that it is not a current or future member of an organized crime group, a member of an organized crime group, a person for whom five (5) years have not passed since it ceased to be an organized crime group member, an associate member of an organized crime group, a company related to an organized crime group, a corporate racketeer, etc., a social activist, etc., a burglar or a special intellectual violence group, etc., or any other person equivalent thereto (These are hereinafter referred to as "Antisocial Forces, etc."), and shall ensure that it does not fall under such category in the future. 

2. In the event that a User falls under any of the following items, the Company may terminate the Account Subscription Service Contract with such User or suspend or prohibit such User from using the Service without giving any notice. 

(1) If the User is turned out to be the Antisocial Forces, etc.;

(2) If the User, by itself or by the use of a third party, damages credit or obstructs business with respect to the Company by using violent acts, threatening words, fraudulent means or force; and 

(3) If the User causes an Antisocial Forces to use its name, use the Service, or enter into an Account Subscription Service Contract.

Article 22（Governing Law）

These Terms shall be governed by and construed in accordance with the laws of Japan.

Article 23（Jurisdiction）

The Tokyo District Court shall be the exclusive court of first instance for any and all disputes related to the use of the Service.

 

These Terms shall be come into effective as of June 29, 2022.

 

Enacted on October 29, 2019

Last revised on June 29, 2022