Chapter 1 General Provisions
Article 1 (Definitions)
In these Terms, the following terms shall have the meanings set forth below:
• "Attachment Operation Panel": The key control device attached to Shared Mobility.
• "Cycle Sharing System": A system that lends Shared Mobility to members by entering and leaving the Shared Mobility at the port during the service operating hours.
• "Shared Mobility": Vehicles such as bicycles provided by our company (as defined in Article 2) for shared use.
• "Port": The place where Shared Mobility is loaned, returned, and stored.
• "Individual Member": A person who has entered into a membership contract regarding the Cycle Sharing System based on Article 3 with our company and uses the Cycle Sharing System.
• "Corporate Member": Among those who have entered into a membership contract regarding the Cycle Sharing System based on Article 3 with our company, it refers to profit corporations, non-profit corporations, public corporations, and other entities with corporate status under the law.
• "Member": A general term for Individual Members and Corporate Members.
• "Designated Corporate User": An individual designated by the Corporate Member as a user of the Cycle Sharing System when entering into a membership contract.
• "User": A general term for Individual Members and Designated Corporate Users.
• "Authentication Card": A proprietary IC card, a transportation IC card, or a registered mobile wallet phone necessary for verifying the identity of members and unlocking Shared Mobility.
• "Mobile Wallet Phone": A mobile phone with an embedded IC chip.
• "Operation Office": Refers to the base that handles the maintenance and management of Shared Mobility and Port, and corresponds to members. The contact information of the office is disclosed on our website.
• "Jurisdictional Area": The area designated by our company (as defined in Article 2) in the app or similar.
※ "Mobile Wallet Phone" is a registered trademark of NTT DoCoMo, Inc.
Article 2 (Application of the Terms)
Clew Inc. (hereinafter referred to as "our company") will enter into a contract (hereinafter referred to as "membership contract") with individuals or entities wishing to join the Cycle Sharing System operated by our company based on these Terms and provide services to lend Shared Mobility to users during the membership period. Matters not specified in these Terms shall be governed by laws or general customs.
The rules related to the services provided by our company and published from time to time on the app or our website (clewbike.com) shall form part of these Terms. If there's any conflict between such rules and the provisions of these Terms, the provisions of these Terms shall prevail.
These Terms apply to members. Moreover, Corporate Members shall ensure that Designated Corporate Users designated by themselves comply with these Terms. Corporate Members are jointly and severally liable for all acts related to the use of the Cycle Sharing System by the Designated Corporate Users, regardless of whether the act is active or passive.
Chapter 2 Membership Contract
Article 3 (Conclusion of Membership Contract, etc.)
An individual wishing to join the Cycle Sharing System shall apply for a membership contract with our company in the manner specified by our company after accepting these Terms. If the applicant is a minor, they shall obtain the consent of their guardian in advance.
Corporations wishing to join the Cycle Sharing System shall apply for a membership contract with our company in the manner specified by our company after accepting these Terms, providing the necessary information to identify Designated Corporate Users.
A membership contract shall be established when our company accepts the application from an individual or corporation as mentioned in the preceding two paragraphs. Our company will announce the details of the plan type, its content, precautions, etc., on our designated website. Our company will also make public announcements on our designated website if there are any changes.
Our company may refuse to enter into a membership contract with an applicant (including Designated Corporate Users if the applicant is a corporation) if the applicant falls under any of the following items:
(1) When the height is less than 145cm.
(2) When our company judges it difficult to safely operate Shared Mobility due to physical conditions.
(3) When there's a delay in payment for previous rentals.
(4) When recognized as belonging to a gang, a person related to a gang, or any other antisocial forces.
(5) When not agreeing to these Terms.
(6) When our company deems otherwise inappropriate.
Only Individual Members or Designated Corporate Users can use Shared Mobility.
(Note: The above translation aims to provide a clear and concise representation of the original text. Depending on the specific use or context, further legal review and localization might be necessary.)
Article 4 (Usage Conditions)
In the membership contract, members shall select one of the plans and payment methods designated by our company and enter into a contract.
Based on the preceding clause, members shall pay the fees set forth in Chapter 5 according to the plan and payment method they've contracted.
The location for the port installation shall be announced on our company-designated website or equivalent.
Article 5 (Roaming Services)
Users can utilize bicycles (hereafter referred to as "Roaming Linked Share Mobility") and the places for lending, returning, and storing these bicycles (hereafter "Roaming Linked Ports") provided by our company or collaborating businesses in areas defined by our company outside their jurisdiction (hereafter "Roaming Areas"). However, Roaming Linked Share Mobility can only be used within the Roaming Area it was borrowed from and can only be returned at the Roaming Linked Ports within that Roaming Area. Furthermore, shared mobility borrowed within the jurisdictional area cannot be used or returned within the Roaming Area. If violated and returned or left within the Roaming Area, the member is liable to compensate our company for all damages incurred, including usage fees until returned, bicycle collection, search costs, etc.
When using the Roaming Linked Port and Roaming Linked Share Mobility, users shall comply with the terms of service of the cycle-sharing system within the Roaming Area. In this case, regardless of the plan selected by the member upon joining, the member shall pay the usage fees, etc., calculated based on the one-time member fee plan (as announced on our designated website) in the said Roaming Area, in accordance with Article 28 of these terms.
Even if the services specified in this article cannot be used, our company assumes no responsibility for the damages suffered by the user due to this and will not refund fees for the period the service was unavailable.
Article 6 (Changes to Registered Information, etc.)
If changes occur to the personal information provided to our company, the plan, or payment method contracted during the membership application, the member shall promptly notify our company and obtain approval.
Our company can refuse the said change or terminate the membership contract if the reported content in the preceding clause is clearly false or is deemed to hinder the execution of the service.
Article 7 (Termination of Membership Contract)
Our company may temporarily suspend the service or terminate the membership contract without any notice or demand if the user falls under any of the following:
(1) When violating this agreement or any other contract with our company.
(2) When causing a traffic accident while using the Share Mobility.
(3) When even once delaying payment of the fees or any other monies under this agreement.
(4) When meeting any criteria under Article 3, Clause 4.
(5) In other instances, such as when communication with a member is lost, inappropriate use is identified by our company, there are errors in the information provided at the time of joining, or our company deems continued use of the cycle-sharing system inappropriate.
Article 8 (Suspension of this Business)
If our company determines that it's difficult to continue this business due to the complete or partial unavailability of Share Mobility or the cycle-sharing system or for any other reason, our company can unilaterally suspend this business.
In the case of the preceding clause, the membership contract ends by our company notifying members of the same, and members shall not be required to pay the basic fee from the day the membership contract ended onward.
Please note that while I've endeavored to provide an accurate translation, nuances may differ, and it's always a good idea to have legal translations reviewed by a professional for clarity and correctness.
Article 9 (Termination During the Term)
Members may terminate the membership contract with the consent of the company. In this case, the member shall pay the basic fee up to the date of termination of the membership contract.
Article 10 (Validity Period of the Membership Contract)
The validity period of the membership contract shall be from the date of conclusion of the membership contract to the end date of this project (including services equivalent to this project). However, if a validity period is specified for the contracted plan, that period shall take precedence.
Article 11 (Implementation Period of the Project)
The company shall announce the implementation period of the project on a website designated by the company. Note that the implementation period may change without notice due to weather or other operational reasons.
Article 12 (Temporary Suspension, Interruption, and Resumption)
The company may temporarily suspend or interrupt the provision of all or part of the cycle-sharing system in the following cases:
(1) Regular or emergency maintenance of the cycle-sharing system equipment.
(2) Malfunctions, etc., that render all or part of the system inoperable.
(3) Natural phenomena, local events, or other circumstances make it difficult to provide the system safely, as determined by the company.
(4) Operational or technical reasons require temporary suspension of the system equipment.
If the company temporarily suspends or interrupts the cycle-sharing system based on the previous paragraph, they will notify members by posting on their designated website or other methods deemed appropriate by the company. However, this does not apply in urgent and unavoidable situations. The same applies to the resumption of the system after resolving the issue.
Even if the company temporarily suspends or interrupts the cycle-sharing system due to the reasons mentioned in paragraph 1, it shall not be liable for any damages incurred by members and shall not refund any fees for the suspension or interruption period.
Article 13 (ID & Password Management)
Users shall properly manage their ID and password issued by the company at the time of contract conclusion, and the unlocking passcode issued when borrowing shared mobility, at their own responsibility, and shall not disclose, leak, or let them be used by third parties.
Except for reasons attributable to the company, the company assumes no responsibility for the management of IDs, passwords, or unlocking passcodes. Any use or other actions by third parties using IDs, passwords, or unlocking passcodes will be regarded as the user's actions.
If a user's ID, password, or unlocking passcode is stolen or misused, or there's a risk of such, they must immediately notify the company.
Article 14 (Authentication Card)
Users can use the authentication card as a substitute for the unlocking passcode to go through the borrowing procedures of shared mobility as defined in Article 16.
Users shall obtain an authentication card equipped with the necessary features at their own expense and prepare the necessary usage environment.
Users shall use and store the authentication card with the care of a good manager and shall not let it be used by third parties.
All uses of a user's authentication card will be regarded as being used by that user.
In the case of loss, theft, destruction, or damage (referred to as "loss, etc.") of the authentication card, the user must promptly report this to the administrative office.
In the case mentioned in the previous paragraph, regardless of whether the loss, etc., is due to the user's fault, the member shall bear the actual cost equivalent to the reissuance and registration of the authentication card and pay it to the company in the manner agreed upon in Article 4.
Chapter 3: Lending Procedures and Return Procedures
Article 15: Reservations and Cancellation, etc.
Users, when intending to use the shared mobility, must specify in advance the port and bicycle they wish to borrow. They apply for a reservation for an individual lending contract (hereinafter referred to as "individual contract") using the company's designated method. We will accommodate these reservations as operationally possible, considering other reservations.
Even if a user's reservation is completed as per the previous clause, if the lending procedure in Article 16, Paragraph 1 is not conducted within the designated period, or if the shared mobility cannot be lent under the reserved conditions, the company can unconditionally cancel the said reservation.
Users shall not make any claims against the company regarding the cancellation of reservations under the preceding clause.
Article 16: Procedures for Lending Shared Mobility, etc.
The procedure for lending shared mobility is completed when a user at the storage port of available shared mobility unlocks the shared mobility using the company's designated method, and the company lends the specified shared mobility to the user. This constitutes the establishment of an individual contract.
Due to operational reasons of the cycle-sharing system, breakdown of shared mobility, or the absence of available shared mobility at the port, there may be instances where shared mobility cannot be lent.
Users shall not make any claims against the company (including requests for basic fee refunds, alternative transportation costs, etc.) if they cannot use shared mobility for reasons specified in the previous clause.
Article 17: Return Procedures for Shared Mobility, etc.
The return procedure for shared mobility is completed when a user, at a port where shared mobility can be stored, locks the bicycle using the attached key, uses the attachment operation panel as designated by the company to send a return notification, and confirms the return via an app or similar. This concludes the individual contract.
Users, when returning shared mobility, must ensure they haven't left their belongings on it. The company can freely dispose of any belongings left at the return port or similar, and bears no responsibility for lost items.
If a user cannot conduct the return procedure described in Paragraph 1 because there's no available storage port, they must move the shared mobility to another available port for return.
In emergencies where a user cannot move to another port, they must contact the operation office and follow its instructions.
If a user leaves the shared mobility at a place other than a port without contacting as mentioned in the previous clause or without following the instructions of the operation office, it's considered that the return procedure has not yet been completed.
Article 18: Cancellation of Individual Contract
The company may request the return of the shared mobility from the user in the following cases:
(1) During the borrowing time, the shared mobility becomes unusable, or due to a malfunction in the cycle-sharing system or other reasons, it becomes impossible to continue lending the shared mobility.
(2) If the user violates this agreement or any other contract with the company during the borrowing time.
Chapter 4: Measures for Bicycle Accidents, etc.
Article 19: Accident Handling
If an accident involving the shared mobility occurs during the borrowing time, the user shall take legally mandated measures and handle it as follows, regardless of the accident's scale:
(1) Immediately contact the jurisdictional police and the operation office about the accident.
(2) Submit any documents or evidence required by the company or an insurance company designated by the company without delay.
(3) Obtain the company's consent before concluding any settlements or agreements with third parties regarding the accident.
In addition to the previous clause, users shall resolve the accident at their own expense and responsibility.
Article 20: Measures for Malfunctions, Theft, etc.
If a user finds any abnormality or malfunction in the shared mobility or port during the borrowing time, they must immediately stop using it, contact the operation office, and follow its instructions.
If theft or similar incidents of the shared mobility occur during the borrowing time, the user must immediately contact the jurisdictional police and the operation office, and follow its instructions. Additionally, the user shall pay the amount specified in Article 36 (Liability for Damages) or an amount designated by the company for the theft of the shared mobility.
Article 21 (Response to Battery Depletion)
When renting a bicycle equipped with a battery, such as an electric assist bicycle, if the battery of the shared mobility runs out or is at risk of running out during the rental period, the user must immediately contact the Management Office about the situation and follow the instructions to return the shared mobility to the nearest port or take other necessary measures.
Article 22 (Compensation)
Based on the individual contract, the company will insure various damages as described below while the user rents the shared mobility:
(1) Death & Residual Disability: 10 million yen, Hospitalization: 5,000 yen per day, Outpatient: 2,500 yen per day.
However, hospitalization coverage is limited to 180 days from the date of the accident, and outpatient coverage is limited to 90 days within 180 days from the date of the accident.
Coverage is only valid while onboard the shared mobility and only covers injuries caused by sudden and accidental external accidents.
(2) Liability: Compensation for personal & property damage - up to 200 million yen.
Special agreement: Legal fees - up to 10 million yen, Initial response costs - up to 10 million yen, Victim treatment costs - up to 500,000 yen per person (Condolence gift costs: 30,000 yen).
Only valid while onboard the shared mobility. Covers legal liabilities in cases where third-party life, body, or property is damaged due to bicycle use.
Users will bear the cost for damages exceeding the compensation limit stated in the previous paragraph.
Users accept without objection that there might be cases where damages from accidents not reported to the police or Management Office or accidents caused by violating this agreement will not be compensated by insurance or our compensation scheme.
Besides the previous two paragraphs, there are cases where the coverage defined in paragraph 1 might not be applied due to exemptions in insurance terms. For these damages, users or members bear all the costs. This article provides an overview of various insurances; details are based on the insurance terms. For details on contract procedures and insurance claim procedures, contact the following:
Contact: Clew Management Office firstname.lastname@example.org
Chapter 5 Fees
Article 23 (Fees)
The "fee" refers to the registration fee, basic fee, extension fee, and other fees that the member pays to our company when using shared mobility.
The company will display each amount or basis of calculation on the fee table and will publish it on the specified website. If changing the fee table, it will be announced on the website at least one week before the change date.
Article 24 (Registration Fee)
The registration fee refers to the contract fee paid when a membership contract is established under Articles 3.1 and 3.2, the contract option fee paid when requesting the purchase of a dedicated IC card or the issuance of guidelines, the change fee paid when changing the plan content, and the renewal fee paid during contract renewal.
Unless terminated due to a reason attributable to our company, any registration fee received by the company will not be refunded if the membership contract ends prematurely or is terminated, which members accept without objection.
Article 25 (Basic Fee)
The basic fee refers to the basic fee paid according to the plan contracted under Article 4.1, re-registered under Article 4.2, or changed according to Article 6.1, for a period specified by each plan such as monthly, daily, or hourly.
Article 26 (Extension Fee)
The extension fee refers to the fee paid when the user uses the shared mobility beyond the initial usage time set by each plan.
The extension fee will be charged from the time the initial usage time expires until the user completes the return procedure as per Article 17.
Article 27 (Other Charges)
Other charges refer to fees other than registration fees, basic fees, and extension fees. They include fees announced by the company and paid by the member or designated corporate user for desired paid services.
Article 28 (Payment of Fees)
Members shall pay the company the total amount of fees related to the service received in a month by the payment date specified by the company in the following month, according to the payment method agreed upon in Article 4, Paragraph 1, or re-registered in Paragraph 2, or changed according to Article 6, Paragraph 1.
If the company cannot receive payment from the member by the means mentioned in the preceding paragraph, it may receive payment through other payment methods it determines.
Chapter 6: Responsibility
Article 29 (Regular Inspection and Maintenance)
The company will conduct regular inspection and maintenance on share mobility and ports based on its criteria.
Article 30 (Pre-use Inspection)
Users, each time they borrow share mobility, must confirm the safety and appropriateness of brakes, handlebar alignment, tire air pressure, bell sound, attachment control panel, and battery level.
If users discover any damage, loss of accessories, or maintenance defects in share mobility, they must immediately contact the management office and stop its use.
If share mobility is used without the communication mentioned in the preceding paragraph, it is assumed that there was no damage, loss of equipment, or maintenance defect at the time of borrowing.
Article 31 (Management Responsibility)
Users shall use and store share mobility with the care of a good manager.
The management responsibility mentioned in the preceding paragraph starts when the share mobility lending procedure based on the individual contract is completed and ends when the bicycle return procedure is completed.
Article 32 (Prohibited Actions)
Users shall not engage in the following actions:
Letting someone other than the user use the share mobility.
Reckless driving, drunk driving, or other dangerous actions.
Using share mobility while ignoring traffic rules.
Using in prohibited parks or other dangerous or inappropriate places.
Obstructing pedestrians or other traffic.
Modifying, removing, or altering any structures, devices, or accessories of the bicycle.
Parking in areas prohibited by ordinance, private land without permission, or places that obstruct traffic.
Continuing to drive forcefully when the bicycle breaks down during operation.
Using share mobility for various tests, competitions, towing, or pushing.
Occupying share mobility for an extended period beyond its intended use.
Using software techniques like web scraping, web crawlers, or web spiders, regardless of name, to automatically collect information from cycle-sharing systems or designated company websites.
Any action against the law or public order and morals.
Article 33 (Violations of the Road Traffic Act and Measures Against Abandoned Bicycles)
If users violate the Road Traffic Act related to share mobility while using it, they shall bear all responsibilities, including payment of any fines.
If users park share mobility in places prohibited in the preceding article, they bear the costs of removing and storing the abandoned bicycle and compensate the company for any damages.
If the company receives notification from local governments or police about abandoned bicycles, it will contact the user to move the bicycle to a designated place and comply with legal measures.
If the company fronts the costs mentioned in the previous paragraph, the member must promptly repay the company.
Article 34 (Return Obligation of Shared Mobility)
Users shall return the shared mobility in the condition it was borrowed, excluding normal wear and tear from use. If the shared mobility, including its equipment, is damaged, lost, stolen, or otherwise compromised due to reasons attributable to the user, the member shall pay all costs required to restore the shared mobility and, depending on the circumstances, the penalty fee based on Article 36 (Liability for Damages) Paragraph 4 to the company.
Article 35 (Measures in Case of Non-Return of Shared Mobility)
If the user does not return the shared mobility even after exceeding the usage time defined in the plan and does not respond to our request for return, or if the company determines that the user has fled, we may terminate the membership agreement and take legal actions, including filing a criminal complaint.
In such cases, the member is liable to pay usage fees until the return, costs associated with recovering and locating the shared mobility, all damages incurred by our company, and the penalty fee defined in Article 36 (Liability for Damages) Paragraph 4.
If, due to force majeure such as natural disasters, the shared mobility is not returned by the user even after the permissible usage time, the user is not held liable for any damages caused. In this case, the user should immediately contact the operational office and follow their instructions.
Article 36 (Liability for Damages)
In addition to the conditions defined in this agreement, if the user causes damage to a third party or the company while using the shared bicycle, they shall be liable for compensating the damages, unless caused by reasons not attributable to the user.
If the company compensates a third party for such damages on behalf of the user, the company can claim the amount from the registered user.
If a member receives a claim or dispute arises with other users, external service providers, or any third parties in connection with the service, the member shall promptly notify the company of the details and handle the claim or dispute at their own expense and responsibility. If the company faces any claims from third parties due to rights infringement or other reasons related to the member's use of the service, the member must compensate the company for the amount paid to the third party.
If a member commits any of the following acts, in addition to the damages specified in this agreement, they shall pay the company the following penalties:
(1) Returning the shared mobility to a place other than where it should be returned according to the app during the individual contract period (excluding prohibited parking areas): 30,000 yen.
(2) Parking in prohibited areas, if the shared mobility has a neglected vehicle tag during the contract period or if the company determines it has been abandoned: 50,000 yen.
(3) If the company determines that the shared mobility was damaged or stolen due to the member's negligence: 1,500,000 yen.
Chapter 7 - Disclaimer
Article 37 (Disclaimer)
Even if the user suffers damages due to using or not being able to use the shared mobility, unless the company has intentionally or grossly negligently caused the damages, the user cannot claim damages beyond the amount received by the company for the use of the shared mobility. Furthermore, the scope of damages to be compensated is limited to regular damages incurred by the user, and the company shall not be liable for special damages, including lost profits, regardless of their foreseeability.
Chapter 8 - Use of Customer Information
Article 38 (Use of Customer Information)
The company may provide the personal information of members to the following third parties:
[Person responsible for managing personal data] The company.
Chapter 9 - Miscellaneous
Article 39 (Amendment of the Agreement)
If the company revises this agreement, it will notify by posting on our designated website. Moreover, we can revise this agreement without prior notice to the users.
Article 40 (Notifications)
Notifications and communications from the company to the members will be made to the phone number or email address registered with the company. The notification or communication is deemed effective at the time of dispatch, and any disadvantages due to non-receipt are borne by the member.
Article 41 (Late Payment Penalty)
If a member fails to fulfill monetary obligations based on this agreement