Chapter 1 General rules
Article 1 (Definition)
The terms in this agreement shall have the following meanings.
-Attachment operation panel: Key control device installed in the sharing bicycle
・ Cycle sharing system: A system that rents out sharing bicycles to members by putting the sharing bicycles in and out of the port during service operation hours.
・ Sharing bicycle: A bicycle for shared use provided by this corporation (defined in Article 2).
Port: Rental, return and storage location for sharing bicycles
・ Individual member: A person who concludes a membership contract for the cycle sharing system with this corporation based on Article 3 and uses the cycle sharing system.
・ Corporate member: Among those who have signed a membership contract for the cycle sharing system with this corporation based on Article 3, those who have legal personality such as commercial corporations such as joint-stock companies, non-profit corporations and public corporations.
・ Member: A general term for individual members and corporate members.
-Corporate designated user: An individual who has designated the cycle sharing system as a person who carries out the business of the member himself / herself when the corporate member concludes a membership contract.
・ Users: A general term for individual members and designated corporate users.
・ Authentication card: A general term for the dedicated IC card, transportation IC card, Osaifu-Keitai, etc. registered in the system specified by the corporation, which are necessary for verifying the identity of the member and unlocking the sharing bicycle.
・ Osaifu-Keitai: A mobile phone with an embedded IC chip
・ Management office: A base that maintains and manages sharing bicycles and ports, and responds to members. The contact information of the base is disclosed on the website of the corporation.
Jurisdiction area: Ueda City, Nagano Prefecture, Chikuma City
* "Osaifu-Keitai" is a registered trademark of NTT DoCoMo, Inc.
Article 2 (Application of Terms)
1. Nihonkai Consultant Co., Ltd. (hereinafter referred to as "this corporation") wishes to join the cycle sharing system in the "Ueda City / Chikuma City Wide Area Share Cycle Social Experiment" (hereinafter referred to as "this project") operated by this corporation. In accordance with the provisions of this agreement, a contract (hereinafter referred to as "membership contract") is concluded with the individual or corporation to join the cycle sharing system, and sharing is done with the user during the membership period. We shall provide the service of renting a bicycle. Matters not stipulated in this agreement shall be subject to laws and regulations or general customs.
2. Our corporation shall be able to create a "user's guide". If there is a difference between this agreement and the "User's Guide", the "User's Guide" shall take precedence.
3. This agreement shall apply to members. In addition, corporate members shall make the contents of this agreement comply with the corporate designated user designated by themselves, and all related to the use of the cycle sharing system regardless of intentional omission such as violation of this agreement by the corporate designated user. Corporate members shall be jointly responsible for their actions.
Chapter 2 Enrollment Contract
Article 3 (Conclusion of membership contract, etc.)
1.Individuals who wish to join the cycle sharing system shall apply for the membership contract to the corporation by the method specified by the corporation after accepting this agreement. If the applicant is a minor, the application shall be made after obtaining the consent of the guardian in advance.
2. A corporation wishing to join the cycle sharing system agrees to this agreement, attaches the information necessary to identify the designated user of the corporation, and makes a membership contract with the corporation by the method specified by the corporation. Shall make an application for.
3. If the corporation approves the application set forth in the preceding two paragraphs by an individual or corporation wishing to join the cycle sharing system, the membership contract shall be concluded. In addition, we will announce the details of the type of plan, its contents, precautions, etc. on our designated website. Even if these changes are made, the corporation shall announce them on the website designated by the corporation.
4. Our corporation may refuse to conclude a membership contract if the applicant for membership (including the designated user of the corporation if the applicant is a corporation) falls under any of the following items. will do.
(1) When the height is less than 145 cm.
(2) When our corporation determines that it is physically difficult to drive a sharing bicycle safely.
(3) When the payment of the fee is delinquent for the past loan.
(4) When it is recognized that the member belongs to a gangster, a gangster official, or other antisocial forces.
(5) If you are under the age of 13 and cannot promise to wear a helmet.
(6) When you do not agree to this agreement.
(7) In addition, when we deem it inappropriate.
5. Those who can use the sharing bicycle shall be limited to individual members or corporate designated users.
1.In the membership contract, the member shall select one from the plans and payment methods specified by this corporation and make a contract.
2.The member shall pay the fee specified in Chapter 5 according to the plan and payment method contracted based on the preceding two paragraphs.
3.The location of the port will be announced on the website designated by the corporation.
Article 5 (Roaming service)
3. Even if the service specified in this article cannot be used, the corporation will not be liable for any damages suffered by the user due to this, and will not refund the fee for the period when it was not available. will do.
Article 6 (Change of registration information, etc.)
1. When applying for a membership contract, if there is a change in the personal information provided to the corporation, the contracted plan and the payment method, the member shall immediately notify the corporation and obtain the approval of the corporation. increase.
2. If we judge that the content notified in the preceding paragraph interferes with the performance of the service, we may refuse this change or cancel the membership contract.
Article 7 (Cancellation of membership contract)
Our corporation can temporarily suspend the use of the service or cancel the membership contract without giving any notice or notification when the user falls under any of the following items. will do.
(1) When you violate this agreement or other contracts with this corporation.
(2) When a traffic accident occurs while using a sharing bicycle.
(3) When the member delays the payment of the fee specified in Chapter 5 and other money based on this agreement even once.
(4) When any of the items in Article 3, Paragraph 4 is applicable.
(5) In addition to the previous items, the corporation considers that it is inappropriate to continue using the cycle sharing system, such as when the corporation cannot contact the member or when the information at the time of enrollment is incorrect. When you decide.
Article 8 (Cancellation of this project)
1. If we determine that it is difficult to continue this business due to the unavailability of all or part of the sharing bicycle or cycle sharing system, or for any other reason, we will unilaterally suspend this business. I will be able to do it.
2. In the case of the preceding paragraph, the membership contract will be terminated when the corporation notifies the member to that effect, and the member shall not be required to pay the basic fee after the date when the membership contract is terminated.
Article 9 (Cancellation prematurely)
Members may cancel the membership contract with the consent of the Company. In this case, the member shall pay the basic fee until the date when the membership contract is canceled. Cancellation can be applied from "Service withdrawal" in the "Account" menu of the bike share application.
Article 10 (Validity period of membership contract)
The validity period of the membership contract is from the date of conclusion of the membership contract to the end date of this project (including the successor service equivalent to this project). However, if the contracted plan defines the validity period of the membership contract, the validity period shall be prioritized.
Article 11 (Implementation period of this project)
The corporation shall announce the implementation period of this project on the website designated by the corporation. The implementation period is subject to change without notice due to weather or other operational reasons.
Article 12 (Temporary suspension / suspension / resumption)
1. The corporation may temporarily suspend or suspend the provision of all or part of the cycle sharing system if any of the following items apply.
(1) When the maintenance of the equipment for the cycle sharing system is performed regularly or urgently.
(2) When all or part of the functions cannot be provided due to a failure of the cycle sharing system equipment, etc.
(3) When the corporation determines that it is difficult to provide the cycle sharing system safely due to natural phenomena, local events, or other reasons.
(4) When the corporation determines that it is necessary to temporarily suspend the equipment for the cycle sharing system due to operational or technical reasons.
2. If the provision of all or part of the cycle sharing system is temporarily suspended or suspended based on the preceding paragraph, the corporation will be a member by a method that the corporation deems appropriate, such as posting on the website designated by the corporation. Shall be notified to. However, this does not apply in case of emergency. The same applies to the restart of the cycle sharing system after the reasons for interruption / suspension have been resolved.
3. Even if part or all of the cycle sharing system is temporarily suspended or suspended due to the reason specified in Paragraph 1 of this Article, the corporation will not be liable for any damage suffered by the member due to this. , The fee for the suspension / suspension period will not be refunded.
Article 13 (Management of ID, password, etc.)
1. The user shall properly manage the ID and password issued by the corporation at the time of concluding the membership contract at his / her own risk, and shall not disclose, leak or use it to a third party.
2. The corporation shall not be liable for the management of the ID and password except for reasons attributable to the corporation, and all other acts such as the use of the ID and password by a third party shall be carried out by the user. It shall be regarded as use.
3. The user shall immediately notify the corporation if the ID and password are stolen or misused by a third party, or if there is a risk of such misuse.
Article 14 (Authentication card)
1. The user shall be able to use the authentication card to carry out the procedure for renting a sharing bicycle as stipulated in Article 16.
2. Users need to obtain an authentication card with the functions required for registration at their own expense.
We will prepare a good usage environment.
3. The user shall use and store the authentication card with the care of a good administrator, and shall not allow a third party to use it.
4. All use of the user's authentication card is considered to have been used by the user.
5. If the authentication card is lost, stolen, lost or damaged (hereinafter referred to as "lost, etc."), the user shall promptly notify the administration office to that effect.
6. In the case of the preceding paragraph, regardless of whether the loss etc. is due to the reason attributable to the user, the member shall bear the amount equivalent to the actual cost required for reissuing and registering the authentication card, and in Article 4. This shall be paid to the corporation according to the request of the corporation by the contracted method.
Chapter 3 Lending and Return Procedures
Article 15 (Reservation and cancellation of reservation, etc.)
1. When using a shared bicycle, the user clearly indicates the port and bicycle that he / she wishes to borrow, and applies for a reservation for an individual rental contract (hereinafter referred to as "individual contract") by the method prescribed by the corporation. We will accept this reservation as much as possible in consideration of other reservation status.
2. Even if the user's reservation is completed according to the preceding paragraph, we will lend the sharing bicycle if the rental procedure of Article 16 Paragraph 1 is not performed during the specified period or under the reserved conditions. If it becomes impossible to hand over, the reservation can be canceled unconditionally.
3. The user shall not make any claim to the corporation regarding the cancellation of the reservation pursuant to the preceding paragraph.
Article 16 (Bicycle rental procedure, etc.)
1. The procedure for renting a shared bicycle is as follows: At the port where the available shared bicycles are stored, the user who uses the shared bicycle unlocks the shared bicycle by the method prescribed by the corporation. However, it shall be completed by renting the prescribed sharing bicycle to the user (hereinafter referred to as "rental procedure"). In addition, it is assumed that an individual contract is concluded by this.
2. Sharing bicycles may not be available for rent due to reasons such as the operational convenience of the cycle sharing system and the lack of available sharing bicycles at the port.
3. The user also makes any claim to the corporation (including a claim for refund of the basic fee, compensation for the usage fee of alternative transportation means, etc.) regarding the fact that the sharing bicycle could not be used due to the reason specified in the preceding paragraph. I will not.
Article 17 (Procedures for returning shared bicycles, etc.)
1. The procedure for returning a sharing bicycle is to lock the key attached to the sharing bicycle by the user himself / herself at the port where the sharing bicycle can be stored, and also use the attachment operation panel by the method prescribed by the corporation to notify the return. Will be completed by sending (hereinafter referred to as "return procedure"). In addition, this shall terminate the individual contract.
2. When returning the shared bicycle, the user shall confirm that the shared bicycle does not have any leftover items and return it, and the corporation shall not be liable for any loss of the leftover items.
3. If the user cannot return the item according to paragraph 1 due to reasons such as the lack of a port where the shared bicycle can be stored, the user shall move to another port where the shared bicycle can be stored and return the item. ..
4. In the case of an emergency such as the user being unable to move to another port in the preceding paragraph, the administration office shall be contacted and the instructions shall be followed.
5. If the user leaves the sharing bicycle in a place other than the port without contacting the preceding paragraph or following the instructions of the management office, it is considered that the return procedure has not been completed yet.
Article 18 (Cancellation of individual contract)
The corporation may request the user to return the sharing bicycle if any of the following items applies.
(1) When the sharing bicycle cannot be continued to be rented during the borrowing time due to the unavailability of the sharing bicycle, the malfunction of the cycle sharing system, or other reasons.
(2) When the user violates this agreement or other contracts with this corporation during the borrowing time.
Chapter 4 Treatment of bicycle accidents, etc.
Article 19 (Accident handling)
1. If an accident related to the sharing bicycle occurs during the rental time of the sharing bicycle, the user shall take legal measures regardless of the scale of the accident and handle it as specified below.
(1) Immediately notify the police and the administration office in charge of the situation of the accident.
(2) Submit the documents or evidence required by the corporation and the insurance company designated by the corporation regarding the accident without delay.
(3) When concluding a settlement or agreement with a third party regarding the accident, obtain the consent of the corporation in advance.
2. In addition to the preceding paragraph, the user shall handle and resolve the accident at his / her own risk and expense.
Article 20 (Measures for breakdown, theft, etc.)
1. If the user discovers an abnormality or malfunction of the sharing bicycle or port during the borrowing time, he / she shall immediately stop using the service, contact the management office, and follow the instructions of the management office.
2. If the sharing bicycle is stolen during the borrowing time, the user shall immediately notify the police and the management office in charge of the theft situation and follow the instructions of the management office. In addition, the member shall pay the amount specified by the corporation as the burden for the theft of the sharing bicycle.
Article 21 (Response when the battery is out of charge)
When renting a bicycle equipped with a battery such as an electrically power assisted bicycle, if the battery of the sharing bicycle runs out of charge or is likely to run out during the borrowing time of the sharing bicycle, the user Shall immediately contact the management office regarding the status of the out-of-charge, and take necessary measures such as returning the sharing bicycle to the nearest port according to the instructions of the management office.
Article 22 (Compensation)
1. Based on the individual contract that has been concluded, the corporation shall insure various non-life insurance according to the following conditions while the user is renting a sharing bicycle, etc. The liability for damages under Article 36 shall be compensated within the limits of each of the following items.
(1) Death / late disability 10 million yen, daily hospitalization insurance 5,000 yen, daily outpatient insurance 2,500 yen.
However, the daily amount of hospitalization insurance is limited to 180 days from the date of the accident, and the daily amount of outpatient insurance is limited to 90 days only for outpatients within 180 days from the date of the accident.
* The compensation period is limited to the injury caused by a sudden and accidental outpatient accident only while riding the sharing bicycle.
(2) Liability for personal and objective liability Compensation for up to 200 million yen
Proceedings response cost up to 10 million yen, initial response cost up to 10 million yen, victim treatment cost up to 500,000 yen per person (souvenir purchase cost 30,000 yen)
* The compensation period is only available while riding a sharing bicycle. We will cover the legal liability for damages to the life, body and property of a third party due to the use of the bicycle.
2. Any damage that exceeds the compensation limit set forth in the preceding paragraph shall be borne by the member or user.
3. Damages caused by accidents not reported to the police and the administration office, or accidents caused by members or users in violation of this agreement may not be covered by non-life insurance and our compensation system. The member consents to this without objection.
4. In addition to the preceding two paragraphs, the compensation stipulated in paragraph 1 may not be applied by the insurance policy, such as when the disclaimer (when the insurance money is not paid) of the insurance policy of various non-life insurance applies. Members or users shall bear all costs.
5. This article describes the outline of various non-life insurance, and the details are based on the insurance policy. For inquiries regarding details such as contract procedures and insurance claim procedures, please contact the following.
Ueda City Customer Call Center 0268-23-7132
Shinshu Chikuma Tourism Bureau 026-261-0300
Chapter 5 Fees
Article 23 (Fee)
1. The fee means the registration fee, basic fee, extension fee, and other fees paid by the member to the corporation when the user uses the sharing bicycle.
2. The corporation shall clearly indicate each amount or calculation basis in the price list and announce it on the website designated by the corporation. When we change the price list, we will announce it on our designated website at least one week before the change date.
Article 24 (basic fee)
The basic fee is the service specified by each plan such as month, day, time, etc. according to the plan contracted in Article 4, Paragraph 1, re-registered in Paragraph 2, or changed according to Article 6, Paragraph 1. It means the basic fee to be paid according to the period of receiving.
Article 25 (extension fee)
1. The extension fee shall be the extension fee paid when the user uses the sharing bicycle beyond the initial usage time specified in each plan of the sharing bicycle rented by the user.
2. The extension fee shall be charged for the period from the time when the initial usage time specified in the preceding paragraph has elapsed until the user completes the return procedure in Article 17.
Article 26 (Other charges)
Other fees shall mean the registration fee, basic fee, extension fee, as well as the fee announced by the corporation and paid to the paid service requested by the member or the designated user of the corporation.
Article 27 (Payment of fees)
1. The member contracted the total amount of the charges for the month in which the service was provided on the payment date specified by the corporation in the following month, or the member contracted under Article 4, Paragraph 1 or re-registered under Paragraph 2, or Payment shall be made to the corporation by the payment method changed according to the plan changed according to Article 6 (1).
2. If the corporation cannot receive payment from the member by the means set forth in the preceding paragraph, it shall be able to receive payment by other payment methods specified by the corporation.
Chapter 6 Responsibility
Article 28 (Periodic inspection and maintenance)
We will carry out regular inspections and maintenance of sharing bicycles and ports according to the standards set by our corporation.
Article 29 (Pre-use inspection)
1. Every time the user rents a sharing bicycle, he / she confirms that the braking effect, the bending of the steering wheel, the tire pressure, the ringing of the bell, the attachment operation panel, the remaining battery level, etc. are in a safe and appropriate state. Suppose.
2. If the user discovers damage to the sharing bicycle, loss of equipment, or poor maintenance, he / she shall immediately contact the administration office and stop using it.
3. If you use the sharing bicycle without the notification in the preceding paragraph, it is considered that the sharing bicycle has not been damaged, equipment is lost or poorly maintained at the time of borrowing.
Article 30 (Management responsibility)
1. The user shall use and store the sharing bicycle with the care of a good manager.
2. The management responsibility set forth in the preceding paragraph shall begin when the rental procedure for the sharing bicycle based on the individual contract is completed and end when the procedure for returning the bicycle is completed.
Article 31 (Prohibited acts)
The user shall not do the following acts.
(1) Letting a person other than the user use the sharing bicycle.
(2) Dangerous acts such as reckless driving and drunk driving.
(3) Use of sharing bicycles that ignore traffic rules.
(4) Use in parks, dangerous places, or inappropriate places where entry is prohibited.
(5) Acts that obstruct the passage of pedestrians.
(6) Modification, removal and change of bicycle structure, equipment and accessories.
(7) Bicycle parking in areas where bicycles are not allowed to be left as stipulated by the ordinance, on private land where permission cannot be obtained, and in places that obstruct passage.
(8) The act of forcibly continuing driving in the event of a breakdown during driving.
(9) Various tests or competitions, towing or boosting sharing bicycles
Use it for a while.
(10) The act of occupying a shared bicycle for a long time beyond the original purpose of use (such as leaving it at home or in the office in anticipation of the next day's use).
(11) If you are under the age of 13, use it without wearing a helmet.
(12) Automatically from the website using computer software technology regardless of the name such as web scraping, web crawler, webspider, etc. for the cycle sharing system and the website specified by the corporation. Processing to collect information. Any other act that may overload the system or interfere with stable service provision.
(13) Other acts that violate the law or public order and morals.
Article 32 (Violation of Road Traffic Act, etc. and measures against illegally parked bicycles)
1. If the user violates the Road Traffic Act while using the sharing bicycle, the user shall bear all responsibility, including payment of a fine for the violation.
2. When the user parks the sharing bicycle in a place prohibited by item 7 of the preceding article (hereinafter referred to as "abandoned"), the user bears various expenses such as removal and storage of the abandoned bicycle, and uses it until it is returned. We shall be liable for any damages caused to our corporation such as fees.
3. In the case of the preceding paragraph, if the local government or the police contact the corporation about leaving the bicycle unattended, the corporation will contact the user and promptly move the sharing bicycle to the designated place of the corporation, and the offender. And the user shall comply with this.
4. When the corporation pays the expenses in paragraph 2 in advance, the member shall promptly pay the expenses to the corporation.
Article 33 (Obligation to return the sharing bicycle)
When returning the shared bicycle, the user shall return it in the state it was in when it was rented, excluding wear due to normal use, and the user may be damaged, lost, stolen, etc. in whole or in part of the shared bicycle including equipment. If the reason is attributable to the member, the member shall bear all expenses required for restoration to the original state such as repair and replacement costs of the sharing bicycle.
Article 34 (What to do if the sharing bicycle is not returned)
1. The corporation does not return the sharing bicycle even if the available time specified in each plan is exceeded, and does not respond to the return request of the corporation, or the location of the user is unknown. If the corporation determines that the shared bicycle has escaped due to the above, the membership contract may be canceled and legal proceedings such as criminal prosecution may be taken.
2. If the preceding paragraph applies, the member shall be liable for all damages caused to the corporation, in addition to the usage fee until it is returned, the cost required for collecting and searching for the shared bicycle, etc. increase.
3. If the sharing bicycle is not returned from the user even after the cycle sharing system available time has passed due to a natural disaster or other force majeure, the corporation will be liable for the damage caused by this. Shall not. In this case, the user shall immediately contact the administration office and follow the instructions.
Article 35 (Responsibility for Compensation)
In addition to the provisions of each clause of this agreement, the member shall be liable for any damages caused to a third party or this corporation by the user using the sharing bicycle. However, this does not apply to reasons not attributable to the user.
Chapter 7 Disclaimer
Article 36 (Disclaimer)
Regardless of the reason, the user may suffer damage to himself / herself due to the use of the sharing bicycle or the inability to use the sharing bicycle, unless the corporation has intentional or gross negligence. The corporation shall not be able to claim compensation for damages in excess of the amount of money received from the member as consideration for the use of the sharing bicycle. The scope of damages to be compensated shall be limited to ordinary damages caused to users, except when the corporation has intentional or gross negligence, and there is no predictability of special damages including lost profits. Regardless of, we shall not be liable for compensation.
Chapter 8 Use of customer information
Article 37 (Use of customer information)
2. Our corporation may provide the personal information of members to the following third parties.
[Personal information provided by a third party]
[Scope of third party providers]
[Purpose of use by third-party providers]
[Person responsible for managing personal data]
Nihonkai Consultant Co., Ltd.
Chapter 9 Miscellaneous Rules
Article 38 (Change of Terms)
If our corporation revise this agreement, we will notify you by posting it on our designated website. In addition, revisions to this agreement can be made without prior notice to users.
Article 39 (notification, etc.)
Notifications and communications from the corporation to members shall be made to the telephone number or e-mail address registered with the corporation, and the notifications and communications shall take effect at the time of transmission, and the member shall be disadvantaged due to non-delivery. I shall bear it.
Article 40 (delayed damages)
If a member fails to fulfill its financial obligations based on this agreement, membership contract or individual contract, the member will be charged a late damage at an annual rate of 14.6% (according to a daily calculation with 365 days per year). I will pay.
Article 41 (Jurisdiction Court)
If a dispute arises regarding the rights and obligations based on this agreement, membership contract or individual contract, the Kanazawa District Court shall be the exclusive agreement jurisdiction court.
Article 42 (consumption tax)
Members shall pay consumption tax (including local consumption tax) levied on monetary debt based on this agreement.
Ueda City Customer Call Center 0268-23-7132
Shinshu Chikuma Tourism Bureau 026-261-0300