Terms of Service
Section 1 General rules
Clause 1 (application)
The terms and conditions (hereafter, called as “these terms and conditions”) for the GINZA WiFi rental will be applicable equally between Mobile Planning Co.,Ltd.(hereafter, called as “the company”) and the user (hereafter, called as “the user”) with regards to the use of data card rental service GINZA WiFi rental (hereafter,called as “this service”) offered by Mobile Planning Co.,Ltd.
Clause 2 (Definition of the terminologies used)
The definition of the terminologies used under these terms and conditions is as follows.
However, these limits cease to exist if the terminologies are separately defined.
1. Usage Agreement General name of the Agreement based on these terms and conditions for using this service
2. User Users of this service who entered into an agreement with the company
3. Rental equipment Set of equipment such as data communication equipment, related accessories, SIM cards, tool box etc. necessary for using this service
Clause 3 (Purpose of use)
1. The user shall use this service in a legal manner only for the purpose of self-communication.
Clause 4 (Name and ownership)
1. This is a rental service, therefore, the ownership of the rental equipment and the name of the communication line related to this service belongs to the company.
Clause 5 (Changing these terms and conditions)
1. The company may change these terms and conditions without taking the consent of the user. In such cases, the company will notify the user about these changed terms and conditions as per the method prescribed in Clause 7, and thereafter, these changed terms and conditions will be applicable.
Clause 6 (Changing the contents of service)
1. The company may change the basic monthly charges, call charges, communication charges, fixed and other monthly usage charges, contents of each discount services, each fee or the contents of the services with respect to the change in the fee structure without taking the consent of the user. In such cases, the company will notify the user about the changed service contents as per the method prescribed in Clause 7 (Notification Method), and thereafter, the changed service contents will be applicable.
Clause 7 (Notification Method)
1. Regarding the matters related to this service and these terms and conditions, the company will notify the user in writing, through e-mails (SMS etc.) or by displaying it on the company website or by any other method specified by the company.
Clause 8 (Change in the user information)
1. In case of any change in the user information such as name, address, and the contact address
(including cases of corporate mergers and demergers), the user shall notify the company with all the necessary documents which proves such changes within 1 week.
2. If the user fails to notify the company regarding the changes mentioned above, the company shall assume that the notifications (letters, documents etc.) or e-mails sent by the company on the user’s previous name, address or contact address have all reached the user after the dispatch.
Section 2 Agreement
Clause 9 (Applying for rental equipment)
1. For applying to the Usage Agreement, the applicant shall submit the application form as well as the attached documents (hereafter called as “agreement application documents”) prescribed by the company to the company by agreeing to all the important matters and the terms and conditions in advance.
2. The company may not accept the application for the Usage Agreement in each of the following cases. Under such cases, if the application is rejected then the company shall notify the user stating the reasons for the rejection of the application.
(1) If the company finds that there are reasonable grounds to suspect that the applicant might violate the Usage Agreement.
(2) If the company suspects that the applicant might fail to pay the liabilities arising out of the Usage Agreement.
(3) If the applicant intentionally provides false information in the application document.
(4) If the company suspects that the applicant might use this service illegally, or in a way that might violate public order and morals.
5) If the company suspects that the applicant might use this service in a way that might damage the trust associated with this service or with the company.
(6) If the applicant failed payment before.
(7) If the company decides not to accept an application due to any specific reason.
(8) If the applicant uses the payment of (Debit card or overseas credit card etc.).
Clause 10 (Rental coming into force)
1. The Usage Agreement and the rental for the equipment will come into force from the date on which the rental equipment arrives at the applicant’s place (hereafter called as “agreement enforcement date”) based on the application details provided by the applicant after all the agreement application documents laid down by the company are submitted to the company.
Clause 11 (Transfer of rights)
No rights or obligations hereunder may be assigned or transferred by the user to any third party.
Clause 12 (Acceptance of the application)
1. The company shall accept the application for the Usage Agreement in the order in which it is received.
2. Regardless of the provisions of Clause 9 (Applying for rental equipment), the company may postpone or reject the application for the Usage Agreement based on its own judgment.
Clause 13 (Cancellation of agreement)
1. The application can cancel the application.
2. The cancellation fees are as followed.
Three business days before service starting date: No charge
On service starting date: 50% of cancellation fee will be charged
The device isn’t received and returned on service starting date: Cancellation fee will be charged in full. 100%
Section 3 Service contents
Clause 14 (Service contents)
1) Rental tender offer of this service
2) Rental data communication equipment and accompanying items required for using concern service
3) Arrangement of alternative machine if damage occurs to rental equipment
Clause 15 (Model change)
User shall not change the model (rental equipment) during the effective period.
Section 4 Charges
Clause16 (Service charges)
1. Service charges are listed in the appendix table 1 “Charges for GINZA WiFi rental” or table3 “GINZA WiFi rental other expenses”. The service fee will be charged from rental starting date.
2. Company shall claim the temporary expenses occurred in the form of usage charges for this service and charges to establish this agreement on the next month (for which services are provided) and user shall born those expenses.
3. The service fee will be calculated even between months.
4. In the charges and other calculations, we will round off a fraction, if 1 Yen fraction arises in the calculation result.
5. While using this service, usage charges will be applicable regardless of whether you are in communication frequency area of rental equipment.
6. While using this service, whether you are in the coverage area or not, usage charge will be charged.
7. If you want to change the model device, you need to cancel the service first, and apply for new model device.
8. The service charges are subject to change according to the market trend.
9. If the applicant fails to pay the service fee, they will be charged an additional 14.5% per annum as the default interest
10. If the applicant fails to pay the service fee, the Company can charge a reclaim fee or overdue charge which the applicant is obligated to pay.
Clause 17 (Mode of payment)
1. The payment should only be made through credit card for this service charge.
2. At the time of paying service charges, you need to follow the rules set by the financial institutions.
3. If the applicant fails to pay, the company can send a notification to the customer as a reminder by a letter, e-mail, telephone or by visiting them personally.
4. Our company can outsource the job related to credit and receipts work of user to the 3rd party based on service charges prescribed in the 16th clause.
5. When the Company or affiliated companies visit the applicant for the purpose of billing, the applicant is obligated to pay the costs of the Company or affiliated companies.
Section 5 Rental equipment
Clause 18 (Management of rental equipment)
1. User is to maintain and handle the rental equipment with a good sense of accountability and he should not perform the following action while using it
(1) Do not transfer the rental equipment, resale, mapping, remodeling, changeover, damage, destruction, loss, sharp stains such as (pasting of seals, erasing, coloring etc.), peeling off of the pasted seal etc.
(2) Misapplication besides a service agreement
(3) The actions are applicable to the prohibited matter described in the operation manual of rental equipment
(4) Taking out the rental equipment outside Japan
(5) The actions that violate Telecommunications Business Act, Mobile Phone Improper Use
Prevention Act and applicable laws and regulations
2. If the Company judges that the actions are pertinent to the previous clause 1, then the Company may offer correction advice to the user and the user has to follow the same.
3. If the Company judges that the actions are pertinent to the previous clause 1, then the Company may advice to return the rental equipment and the customer has to follow the same.
4. If the Company judges that the actions are pertinent to the previous clause 1, then the Company may claim for damages specified in the 20 clause, and the customer will be liable for payment of Loss.
Clause 19 (Breakdown or loss or Rental equipment)
1. When a functioning of rental equipment becomes abnormal (Below, It is mentioned as
Breakdown), company replaces it by normal functioning rental equipment. In this case, as per the company’s set rule, User has to report about breakage to the company as soon as possible.
Also he must send the model having defects (Below, It is mentioned as defective model) to the center, specified by the company. However, in the following cases, the User can ask the company to pay the penalty amount for the violation of the agreement.
1) If it is confirmed that the loss or damage of the model was caused by a company employee
2) If the company decides that the equipment cannot be used as a product because of loss, damage or defacement (a state where original product value is affected) of the product.
2. When SIM card is inserted in rental equipment, SIM card and data corresponding equipment must be used as a pair. User must return the kit even though there is a breakage in any one of them.
3. If for whatever reason the SIM card fails, the applicant can ask a new SIM to issued to them.
In such case, the applicant is obligated to pay the amount required (Table 2) “GINZA WiFi rental compensation fees in case of damage or loss”.
4. In case of the device failure, the company will send a replacement device only after the defective or broken device is returned.
5. When the applicant receives the device and the device is already broken, the company will exchange the device for free. However, the applicant should send the broken device within 3 days, if the applicant fails to send the device within 3 days, the company will consider the case as a result of negligence of the applicant. Applicants will therefore have pay for damages to the device.
6. If the returned device cannot be fixed, the applicant is obligated to pay the amount on the (Table 2) “GINZA WiFi rental compensation fees in case of damage or loss”.
7. If the applicant loses the device, the applicant shall notify the company as soon as possible. In this case, the applicant is obligated to pay on the (Table 2) “GINZA WiFi rental compensation fees in case of damage or loss”.
8. If the applicant/drops their device in any body of water whether by accident or negligence of the user; they are exempted from the charges on the (Table 2) “GINZA WiFi rental compensation fees in case of damage or loss”. However if the proven that the device was broken due to reasons not related to water damage. The company can claim the damage in accordance with Clause 21 and the applicant is obligated to pay for damages.
9. If the applicant lost the device, applicant is obliged to pay the amount on (Table 2) “GINZA WiFi rental compensation fees in case of damage or loss”.
Clause 20 (Anshin Hoshou Service)
Anshin Hoshou Service is an optional insurance service which exempts applicant from the payment in the event that the device gets such damaged, failures, wet, stolen or lost of the device during the service term.
1. This service is applicable to the applicant who applied an optional Anshin Hosou Service.
2. This service is for only the device not other accessories.
3. There is a compensation application review before you get a compensation exemption.
4. In case of damages or failures of the device, the company exchanges the device for free. However, if the damage is just scratches, in this case shall not apply.
5. If the stolen or lost device was found, the company shall not return the compensation fee.
6. In case of failures of the device, the applicant should return the device. Only the case that the applicant returns the device, the compensation fee will be exempted.
7. In case of the lost or stolen device, you need to get the certificate of theft from the police.
8. There is no exemption as followed
(1) Accessories (AC adapter, USB cable, SIM card, etc.) will not be subject to the compensation money exemption.
(2) Member of willful, gross negligence, damage, due to the violation of law
(3) A member of the officers and employees or deliberate the living people and relatives, serious negligence, damage, due to the violation of law
(4) Earthquake, eruption, such as damage caused by other natural disasters
(5) Due to the accident in overseas.
(6) In case of lost or stolen, there is no notification to the Japanese police about the theft or loss of the device.
(7) Regardless of the reason, damage, member occurs when you do not have the status and qualifications of the applicant of this service.
(8) If applicant gets compensation exemption, the applicant cannot get compensation exemption for 3 months.
(9) Maximum device of a compensation exemption is up to 5 devices.
(10) If applicant fails to pay the fee.
(11) Prohibitions described in the manual, such as damage caused by the misuse
(12) If the company founds out that the applicant give the false report about all of above statements.
Section 6 User’s responsibilities
Clause 21 (Prohibitions)
While using this service, User shall not carry out the actions, mentioned in following each point.
1) The action which breaches or may breach the copyright, trademark, and other rights of a third party and the company related to the service used.
2) The action which is against the clause.
3) The action which against the ‘Telecommunications Business Law’, ‘Mobile Phone Improper
Use Prevention Act’ and other related laws.
4) The action which is decided as inappropriate or unreasonable on the basis of rationality, by the company.
Clause 22 (Suspension of Use)
Company may stop the data transfer service, if any of following is applicable to User.
1) Even after the elapsed due date, if company is not sure about the payment of charges for using
GINZA WiFi Rental service corresponding service and other debts, by the user.
2) If it is found that, User has mentioned contradictory facts at the time of applying for GINZA WiFi Rental services.
Clause 23 (Compensation/Damages)
1. When a user is responsible for causing damage to the company about the use of this service he shall compensate the loss, incurred by the company.
2. Concern to these services, if User causes damage to Third person or causes dispute with him/her, he/she has to resolve it by his/her own responsibility and cost. Company will not be liable for any such responsibilities. In case, if some other user or third party considers our company responsible, then user should resolve the dispute about responsibility and expenses. Our company is not liable for such issues.
Section 7 (Termination of agreement)
Clause 24 (Returning rental equipment)
1. When cancelling the service agreement, subscriber must return the rental equipment.
2. When the applicant returns the device, the applicant needs to use the delivery company such as Yamato, Sagawa, Japan Postal letter pack or Pospacket service.
3. If the returned kits was missing some items, the applicant needs to return all the items following next end of the month from the cancellation date, if the applicant fails to return them during that period, the company considers the applicant lost the items, the applicant is obliged to pay all the amount prescribed in Clause 20 (Breakdown or loss or Rental equipment).
5. Regarding the acknowledgement of receipt by the Company for returned rental equipment, if the
company has confirmed the state of the equipment as corresponding to the code prescribed in paragraph 1(i) of the Clause 19 (Managing Rental equipment) or if the equipment needs repairing due to damage, subscriber shall bear the repairs cost prescribed in Clause 20(Break down or loss of the equipment leased) or the charges prescribed in the Paragraph 7.
Clause 25 (Purchasing Rental equipment)
Rental equipment is not for sale. Only rental is available
Clause 26 (Cancelling user’s agreement)
1. The Company shall immediately cancel the agreement for the following reasons:
1) If you fail to pay the debts specified in the agreement or if it is evident that you may not pay the debts.
2) If the service is used for violating the public law and order.
3) If anyone using the service directly or indirectly is giving serious difficulty in appropriate use
of the service to the subscriber.
4) If the subscriber is violating the terms and conditions stated in this agreement.
5) If the subscriber alleged of making declaration about insolvency, company rehabilitation, liquidation or regeneration of a civil case.
6) In addition, when the Company has concluded that due to unavoidable reasons cancellation shall be done.
2. If the Company bans the use of this service as per the terms in the preceding paragraph, notify
the user in the manner set forth in Clause 7 (method of notification) the day you stop using and the reason to stop. However, if the avoidable emergency is determined we may not notify the subscriber.
3. If subscriber is canceled in accordance with Paragraph 1,the subscriber shall bear the responsibility and any damages caused to the Company by the cancellation.
4. Cancellation after the equipment is arrived shall not be able accepted for any reason, even excluding the initial failure.
5. If the Company found out that the applicant failed payment before.
Section 8 Miscellaneous
Clause 27 (Disclaimer)
1.Company shall not be responsible for any reason for the terms other than stated in the agreement, subscriber for any loss of profit with respect to the use of this service, damage due to the loss of data, any other damage or loss( regardless of financial loss or any other type of loss).
2. The speed of the data communication may become largely slower than theoretical speed for best-effort method depending on the time and place.
3. A telecommunications carrier carries out control of the transmission rate by an operative standard of the band control.
4. When a telecommunications carrier and the company judge that the user affects communication service, we may regulate a protocol. When the service offer is not considered to be it for an obstacle, construction due to the telecommunications company, the company shall not take responsibility for the direct loss and damage that occurred indirectly.
5. When some or all of the services are not provided by the network congestion situation and system load or the band limit of a telecommunications carrier, the company shall not take responsibility for the direct loss and damage that occurred indirectly.
6. The user confirms the coverage area which a telecommunications carrier provides beforehand. When some or all of the services are not available, the company shall not take responsibility for the direct loss and damage that they produced indirectly out of the coverage area which a telecommunications carrier provides after this service conclusion.
7. The user consents to deliver the rental equipment in the delivery suppliers whom the company appointed. About the delay (natural disaster, accident, traffic jam, assortment error) of the delivery by the reason that cannot come to our torture, the company shall not take all responsibility.
Clause 28 (Management of personal information)
1. For application of the service, personal information provided for the service agreement, the company shall conform appropriately to the following points stated or the purpose of use within the scope.
1) Subscriber shall furnish all the information required to provide the services
2) Provide guidelines necessary for Identification, charges and claims, for changing the service delivery conditions, cancelling services or agreement, and other services
3) Send recommended machines, questionnaire survey and premiums with regards to the service
4) Perform analysis of information provided for the development of new service or for improvement of existing service of the company
5) Announce the products, services and campaigns of our company or any other mobile company
2. Personal information might be needed, when implementing duties required for providing the services. In such cases, the company shall select an organization that will protect the information of subscribers. Also, the company shall implement necessary and appropriate procedures such as “Agreement for protecting subscriber’s information”.
3. The company shall not provide any personal information to the third party other than organization without the consent of first. However, for the matters for which there are provisions in law, they shall be determined as per those laws.
4. Subscribers shall appropriately manage and delete the data, browsed information and browsing history used by subscribers or users when using Broadband communication equipment. The company shall assume no responsibility for managing the information or deletion of data while using the equipment or after cancelling the agreement and returning the equipment.
Clause 29 (cooling-off)
Please note that the cooling off period is not applied for subscription.
Clause 30 (Governing Law and Jurisdiction)
1. The Japanese version of this Terms of Service shall be original and Governing law (with regard to this clause) shall be governed by Japanese law.
2. In the event of dispute with regard to this clause or any other related clause, the dispute shall be resolved by the Tokyo District Court as the agreed exclusive jurisdiction. Additional clause
This clause shall be implemented from 02-01-2020
Appendix (Table 1) charges for GINZA WiFi Rental
1. Service charge / 1 use contract service fee shall be as follows.
|Unit Type||Model number||Price|
|Depends on the inventory||Depends on the inventory (100GB / Month)||4527Yen / Month (tax excluded)|
(Table 2) GINZA WiFi Rental compensation fees in case of damage or loss
|SIM Card||3,000 YEN|
|AC Adaptor||2,800 YEN|
|Battery pack||3,800 YEN|
|USB Cable||3,000 YEN|
|Battery Cover||1,000 YEN|
|Other Accessories||500 YEN|
※ Other Accessories: Porch (large), Pouch (small), easy manual, etc.
(Table 3) GINZA WiFi Rental. Other expenses
|Name||Amount (tax not included)||Remarks|
|Returning mailing cost||500 YEN (excluding tax)||nationwide|
|Returning mailing cost||500 YEN (excluding tax)||By the return of customers specify, in the case of cash on delivery return, you will claim the actual cost of the cash on delivery amount.|
(Table 4) Insurance Service
|Insurance Service is used||Insurance Service is used||Insurance Service is not used||Insurance Service is not used|
|Exemption of repair cost||20,000 YEN||40,000 YEN||40,000 YEN|
*All prices are excluded tax. Consumption tax will be added.