Terms and Conditions of Use for TOMI SHARE BIKE
Chapter 1 General Provisions
Article 1 (Definitions)
Terms used in this Agreement shall have the following meanings
・ Attachment Control Panel : The key control device attached to the Sharing Bike.
・ Cycle Sharing System : A system for lending and borrowing Shared Bicycles to and from Members by entering and leaving Shared Bicycles at the Port during the Service Operation Hours.
・ Bicycle : A Bicycle provided by the Organization (as defined in Article 2) for shared use.
・ Port : A place for lending, returning, and storing shared Bicycles, including a linked Port at the time of implementation of the wide-area collaboration measures defined in Article 4.
・ Individual Member : A person who uses the Cycle Sharing System after concluding a membership contract for the Cycle Sharing System with the Organization in accordance with Article 3.
・ Member : Collective name for Individual Members
・ User : Collective name for Individual Members.
・ Authentication card : Collective name for the dedicated IC card prescribed by the Organization (defined in Article 2), transPortation-related IC card, and mobile wallet registered in the Organization's prescribed system, which are necessary for the identification of Members and for unlocking the shared Bicycles, etc.
・ Osaifu-Keitai : A cell phone with an embedded IC chip. *"Osaifu-Keitai" is a registered trademark of NTT DoCoMo, Inc.
・ Management office : A base that maintains and manages the shared Bicycles and Ports and handles Member correspondence; contact information for this base will be disclosed on the Organization's website and through other means.
・ Jurisdiction : Areas determined by the Corporation(as defined in Article 2)
Article 2 (Application of Terms and Conditions)
1. DOCOMO Bike Share Inc. (hereinafter referred to as the "Corporation"), through the project "Tomi Share Cycle" (hereinafter referred to as the "Business"), operated by the "Tomi City Tourist Association" (hereinafter referred to as the "Organization" ), enters into a contract (hereinafter referred to as the "Admission Contract") with an individual who wishes to enroll in the Cycle Sharing System, as stipulated in these Terms and Conditions, and provides the User with the cycle sharing The Organization shall provide the service of lending Bicycles to the User. Any matters not stipulated in the Admission Agreement shall be in accordance with laws and regulations or general customs.
2. The Organization may prepare a "User's Guide". The Organization may prepare a "User's Guide", which shall be prepared by the Organization. In the event of any discrepancy between the Terms and Conditions and such "User's Guide," such "User's Guide" shall prevail.
3. The Terms of Use shall apply to Individual Members.
Chapter 2 Admission Agreement
Article 3 (Conclusion of Admission Contract, etc.)
1. Individuals who wish to join the Cycle Sharing System shall apply to the Organization for a membership contract by the method designated by the Organization upon acceptance of these Terms and Conditions. If the applicant is a minor (under age of 18), he/she shall obtain the prior consent of his/her parent or guardian before applying for membership.
2. The membership contract will be effective upon the Organization's acceptance of the application as described in the preceding two paragraphs by an individual who wishes to join the Cycle Sharing System. The Organization will announce the details of the types of plans, their contents, precautions, etc. on its website. In the event that the Organization changes these details, it will also announce such changes on its website at least one week prior to the date of change.
3. The Organization reserves the right to refuse to enter into a membership contract with a prospective Member who falls under any of the following categories
(1)The applicant is less than 140 cm in height.
(2)The Organization deems that the applicant is physically unable to ride the sharing Bicycle safely.
(3)The applicant is in arrears in the payment of past rental fees.
(4)When it is deemed that the applicant is a Member of a crime syndicate, a person related to a crime syndicate, or any other anti-social force.
(5)When the applicant is under 13 years old and cannot promise to wear a helmet.
(6)The applicant does not agree to these Terms and Conditions.
(7)The Organization otherwise deems the use of the Bicycles to be inappropriate.
4. The use of sharing Bicycles is limited to Individual Members only.
Article 4 (Terms of Use)
1. Members shall select one of the plans and payment methods designated by the Organization in the membership contract and sign the contract.
2. Members shall pay the fees stipulated in Chapter 5 in accordance with the plan and payment method contracted in accordance with the preceding paragraph.
3. The location of the Port shall be announced on the website designated by the Organization.
Article 5 (Change of Registered Information, etc.)
1. Members shall immediately notify the Organization of any changes in the personal information, contracted plans, and payment methods provided to the Organization when applying for the membership contract, and shall obtain the Organization's approval.
2. The Organization may refuse the change or terminate the membership contract if it determines that the information communicated in the preceding paragraph would interfere with the performance of the service.
Article 6 (Cancellation of Admission Agreement)
The Organization may temporarily suspend the use of the service or cancel the admission contract without any notice or demand, if any of the following items applies to a User.
(1) The User violates these Terms of Use or any other contract with the
Organization.
(2) When a Member causes a traffic accident in the use of the sharing Bicycles.
(3) When a Member is even once late in paying the fees stipulated in Chapter 5 or any other money due under this agreement.
(4) When a Member falls under any of the items of Article 3, Paragraph 4.
(5) In addition to the preceding items, if the Organization deems it inappropriate for the Member to continue using the Cycle Sharing System, such as when the Organization is unable to contact the Member or when there is an error in the information provided at the time of admission.
Article 7 (Discontinuation of the Project)
1. In the event that the Organization deems it difficult to continue the Business due to the unavailability of all or part of the shared Bicycles or the Cycle Sharing System, or for any other reason, the Organization may unilaterally discontinue the Business.
2. In the case of the preceding paragraph, the membership contract will be terminated when the Organization notifies the Member to that effect, and the Member will not be required to pay the basic fee after the date the membership contract is terminated.
Article 8 (Mid-term Termination)
A Member may terminate the membership agreement with the consent of the Organization. In this case, the Member shall pay the basic fee up to the date the subscription agreement is terminated. Cancellation can be requested from "Service Cancellation" in the "Account" menu of the Bike Share application.
Article 9 (Effective period of the admission contract)
The effective period of the admission contract shall be from the date of conclusion of the admission contract to the date of termination of the Project (including successor services equivalent to the Project). However, if the validity period of the admission contract is stipulated by the contracted plan, the validity period of the admission contract shall prevail.
Article 10 (Period of Implementation of the Project)
The Organization shall announce the implementation period of the Project on Corporation's designated website. The period may be subject to change without notice due to weather or other operational reasons.
Article 11 (Suspension and Resumption)
In the event that the Organization deems it difficult to provide the service safely due to natural phenomena, local events, or other reasons, the Organization may suspend all or part of the service with prior or subsequent notice to Members in a manner the Organization deems appropriate, such as by public announcement on the Organization's designated website. The same shall apply to the notice of resumption of the service after the suspension has been resolved. The Organization shall not refund fees related to the period of suspension of the service.
Article 12 (Management of ID, Password, etc.)
1. Users shall be responsible for the proper management of their IDs and passwords provided by the Organization at the time of signing the membership contract, as well as the passcode to open the lock provided by the Organization at the time of rental of the sharing Bicycles, and shall not disclose, leak, or allow a third party to use such information.
2. Except for reasons attributable to the Organization, the Organization shall not be responsible for the management of IDs, passwords, and lock-opening passcodes, and any use of IDs, passwords, and lock-opening passcodes by third parties or other actions shall be deemed as use by the relevant User.
3. Users must immediately notify the Organization of any theft or misuse of their ID, password, or lock-opening passcode by a third party, or the possibility of such theft or misuse.
Article 13 (Authentication Card)
1. The User may use the authorization card instead of the unlock passcode to complete the rental procedures for the Sharing Bicycle as stipulated in Article 15.
2. Users shall, at their own expense, obtain an authorization card equipped with the functions necessary for registration and prepare the necessary environment for use.
3. The User shall use and store the Authentication card with the care of a good manager, and shall not allow a third party to use the card.
4. All use of a User's certification card shall be deemed to be use by the User concerned.
5. In the event of loss, theft, destruction, or damage (hereinafter referred to as "loss, etc.") of a User's Authentication Card, the User shall immediately notify the Management office thereof.
6. In the case of the preceding paragraph, regardless of whether the loss, etc. is due to reasons attributable to the User or not, the Member shall bear the amount equivalent to the actual costs required for the reissuance and registration of the Authentication Card, and shall pay such costs to the Organization in accordance with the Organization's request, by the method contracted in Article 4.
Chapter 3 Rental and Return Procedures
Article 14 (Reservations and Cancellation of Reservations, etc.)
1. Users shall apply for a reservation for an individual rental contract (hereinafter referred to as "Individual Contract") in accordance with the Organization's prescribed procedures, indicating in advance the Port and Bicycle that they wish to rent,amd the Organization will accommodate this reservation as much as operationally feasible, taking into consideration other reservations and other factors.
2. Even if the reservation has been made by the User in accordance with the preceding paragraph, the Organization may unconditionally cancel the reservation if the User fails to follow the rental procedures in Article 15. paragraph 1, within the specified period or if the Organization is unable to rent the shared Bicycle under the reserved terms and conditions.
3. The User shall not make any claim against the Organization in relation to the cancellation of the reservation in accordance with the preceding paragraph.
Article 15 (Procedures for Renting Shared Bicycles, etc.)
1. The procedure for renting out a shared Bicycle is as follows: the User of the shared Bicycle unlocks the shared Bicycle at the Port where the available shared Bicycle is stored in accordance with the Organization's prescribed procedure, and the Organization rents the prescribed shared Bicycle to the User (hereinafter referred to as the "Rental Procedure"). This shall constitute an individual contract.
2. The Organization may not be able to lend or borrow the Sharing Bicycles due to operational reasons, lack of available Sharing Bicycles at the Port, or other reasons.
3. The User shall not make any claim against the Organization (including any claim for refund of the basic fee, compensation for the use of alternative means of transPortation, etc.) for the unavailability of the shared Bicycles due to the reasons stipulated in the preceding paragraph.
Article 16 (Procedures for Returning Shared Bicycles, etc.)
1. The return procedure of the shared Bicycles shall be completed at the Port where the shared Bicycles can be stored by the Users themselves by locking the keys provided with the shared Bicycles and sending a return notice using the attachment operation panel in a manner prescribed by the Organization (hereinafter referred to as the "return procedure"). The individual contract shall be terminated by this procedure.
2. When returning the shared Bicycles, the User shall make sure that there are no belongings left behind by the User, and the Organization shall not be held responsible for any loss of belongings.
3. If the User is unable to return the shared Bicycle in accordance with Paragraph 1 due to 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 it.
4. In the case of an emergency, such as the User being unable to move to a different Port, the User shall contact the Management office and follow its instructions.
5. If the User leaves the shared Bicycle at a location other than the Port without contacting the Operator's Office or without following the instructions of the Operator, the User shall be deemed to have not yet completed the return procedure.
Article 17 (Cancellation of Individual Contracts)
The Organization may demand the return of the Sharing Bicycle from the User in any of the following cases
(1) The rental of the shared Bicycles cannot be continued due to unavailability of the shared Bicycles or malfunction of the Cycle Sharing System or other reasons during the borrowing period.
(2) The User violates these terms and conditions or any other contract with the Organization during the borrowing period.
Chapter 4 Treatment of Bicycle Accidents, etc.
Article 18 (Treatment of Accidents)
1. If an accident involving a shared Bicycle occurs during the rental period of the shared Bicycle, the User shall take legal measures and handle the accident as follows, regardless of the scale of the accident.
(1) Immediately notify the police and the Management office of the accident.
(2) Submit without delay any documents or evidence required by the Organization or the insurance Organization designated by the Organization regarding the accident.
(3) Receive the prior consent of the Organization when settling or entering into an agreement with a third party regarding the accident in question.
2. In addition to the preceding paragraph, the User shall handle and resolve the accident at his/her own responsibility and expense.
Article 19 (Treatment of Breakdowns, Thefts, etc.)
1. If the User finds any abnormality or malfunction of the Sharing Bicycle or Port during the Borrowing Time, the User shall immediately stop using the Bicycle, notify the Management office, and follow the instructions of the Management office.
2. In the event of theft of a shared Bicycle during the borrowing period, the User shall immediately notify the police and the Management office of the circumstances of the theft and follow the instructions of the Management office. In addition, the Member shall pay the amount designated by the Organization as a contribution for the theft of the Sharing Bicycle.
Article 20 (Response to Running Out of Charge)
If the battery of a shared Bicycle runs out of charge during the borrowing period of the shared Bicycle, or if there is a possibility that the battery may run out of charge, the User shall immediately notify the Operation Office of the situation and take necessary measures such as returning the shared Bicycle to the nearest Port in accordance with the instructions of the Operation Office.
Article 21 (Compensation)
1. The Organization shall, based on the individual contract that has been concluded, provide various types of damage insurance for the period during which the sharing Bicycle is rented by the User, etc., in accordance with the following conditions, and shall compensate for the liability for damages under Article 35 incurred by the Member within the limits of the following items;
(1) 10 million yen for death and permanent disability, 5,000 yen per day for hospitalization, and 2,500 yen per day for outpatient hospitalization. However, the daily hospitalization benefit shall be limited to 180 days from the date of accident, and the daily outpatient benefit shall be limited to 90 days for outpatient visits within 180 days from the date of accident.
*Only while riding a sharing Bicycle is covered for the period of coverage, and only for injuries caused by sudden and accidental external accidents.
(2) Liability: Up to 200 million yen for common liability for bodily injury to persons and damage to property. Up to 10 million yen for litigation expenses, up to 10 million yen for initial response expenses, up to 500,000 yen per person for medical treatment for the victim, etc. (30,000 yen for purchasing items of comfort)
*The period of coverage is limited to the period during which the sharing Bicycle, etc. is in use. The policy covers legal liability for damages to the life, body, or property of a third party arising out of the use of the Bicycle.
2. The Member or User shall bear any damages in excess of the compensation limit stipulated in the preceding paragraph.
3. Members agree without objection that they may not be covered by property insurance or the Organization's compensation system for damages caused by accidents that have not been rePorted to the police or the Management office, or accidents caused by Members or Users in violation of these Terms of Use.
4. In addition to the preceding two clauses, the compensation stipulated in paragraph 1 may not be applied in cases where the insurance policy does not provide for payment of insurance claims, such as in the case of an exemption from liability under the terms and conditions of various types of property insurance, and a Member or a User shall be responsible for all such payments.
5. This Article is an outline of the various types of property insurance, and the details are subject to the insurance policy conditions. Inquiries concerning details of contract procedures, insurance claim procedures, etc. shall be directed to the following address.
Contact: Shinshu Tomi Tourist Association TEL: 0268?62?7701
Chapter 5 Fees
Article 22 (Fees)
1. "Fees" shall mean the basic fee, extension fee, and other fees paid by the Member to the Organization for the use of the Sharing Bike.
2. The Organization shall clearly indicate the amount of each fee or the basis of calculation in the Fee Schedule and publish it on the Organization's designated website. If the Organization changes the fee schedule, it shall announce such change on its website at least one week prior to the date of change.
Article 23 (Basic Fee)
Basic fee means the basic fee paid for the period of service specified in each plan, such as days, hours, etc., in accordance with the plan contracted under Article 4.1, re-registered under Article 4.2, or modified in accordance with Article 5.1. Article 24 (Extension Fees)
Article 24 (Extension Fees)
1. "Extension Fee" means the fee paid by the User for using the Sharing Bicycle beyond the initial usage time specified in each plan for the rented Sharing Bicycle.
2. The extension fee shall be charged for the period from the time the initial usage time stipulated in the preceding paragraph elapses until the User completes the return procedure stipulated in Article 16.
Article 25 (Other Fees)
Other fees are defined as the basic fee, extension fee, and any other fees announced by the Organization and paid for paid services requested by the Member.
Article 26 (Payment of Fees)
1. The Member shall pay the total amount of fees for the month in which the service is provided to the Organization on the payment date designated by the Organization for the following month, according to the payment method contracted by the Member in accordance with Article 4.1 or changed in accordance with Article 5.1.
2. If the Organization is unable to receive payment from a Member by any of the means described in the preceding paragraph, the Organization may accept payment by any other means of payment determined by the Organization.
Chapter 6 Liability
Article 27 (Periodic Inspection Facilities)
The Organization shall perform periodic inspections and maintenance on the Sharing Bicycles and Ports in accordance with the standards established by the Corporation.
Article 28 (Pre-Use Inspection)
1. Each time a User borrows a Sharing Bicycle, the User shall check the brakes, handlebars, tire pressure, bell ringing, Attachment Control Panel, and battery level to ensure that the Bicycle is in a safe and proper condition for use.
2. If a User finds any damage, loss of equipment, or poor maintenance of the shared Bicycle, the User shall immediately notify the Management office and discontinue use of the Bicycle.
3. If the User uses the shared Bicycle without notifying the Management office, it shall be deemed that there was no damage, loss of equipment, or poor maintenance of the shared Bicycle at the time of rental.
Article 29 (Responsibility for Management)
1. The User shall use and store the Sharing Bicycle with the care of a good manager.
2. The responsibility for the management of the shared Bicycles under the preceding paragraph begins when the rental procedure is completed and ends when the return procedure for the Bicycles is completed.
Article 30 (Prohibited Acts)
Users shall not engage in the following acts.
(1) Allow anyone other than the User himself/herself to use the Sharing Bicycle.
(2) Reckless driving, driving under the influence of alcohol, or other dangerous behavior.
(3) Use of the sharing Bicycle in disregard of traffic regulations.
(4) Use of the Bicycles in parks and other dangerous or inappropriate places where riding is prohibited.
(5) Actions that obstruct the passage of pedestrians and other pedestrians.
(6) Altering, removing, or changing the structure, equipment, or accessories of the Bicycle.
(7) Parking Bicycles in areas designated by ordinances as prohibited areas for abandoning Bicycles, etc., on private property where permission cannot be obtained, or in locations that obstruct traffic.
(8) Forcibly continuing to drive a Bicycle when it breaks down while being driven.
(9) Using the shared Bicycle for various tests or competitions, towing or boosting.
(10) Occupying the shared Bicycle, etc. for a longer period of time than the original purpose of use (e.g., leaving the Bicycle at home or at a place of business in anticipation of using it the next day).
(11) Use of the Bicycle without wearing a helmet if the rider is under 13 years old.
(12) Using web scraping, web crawlers, webspiders, or any other computer software technology, by whatever name called, to automatically collect information from the website of the Cycle Sharing System or the Organization's designated. Any other activities that may place an excessive load on the system or interfere with the stable provision of services.
(13) Any other acts that violate laws and regulations or public order and morals.
Article 31 (Measures against Violation of Road Traffic Laws, etc. and Abandoned Bicycles)
1. If a User violates the Road Traffic Law while using the shared Bicycles, the User shall be responsible for all violations, including the payment of fines related to the violation.
2. When a User parks a shared Bicycle in a place prohibited by Article 7 (hereinafter referred to as "abandoned Bicycle"), the User shall be liable for all damages incurred by the Organization, including removal of the abandoned Bicycle, storage costs, usage fees until the Bicycle is returned to the User, and any other damages incurred by the Organization.
3. In the case of the preceding paragraph, the User shall be liable for all damages incurred by the municipality. In the case of the preceding paragraph, if the local government, police, or other authorities contact the Organization regarding the abandonment of a Bicycle, the Organization will contact the Member and request that the Member promptly move the shared Bicycle to a location designated by the Organization and comply with legal measures as a violator of the law, and the Member will comply with the request.
4. If the Organization pays for any of the expenses in Paragraph 2 as an advance payment, the Member shall promptly pay this expense to the Organization.
Article 32 (Obligation to Return Sharing Bicycles)
When returning a shared Bicycle, the User shall return it in the condition in which it was rented except for wear and tear due to normal use. If all or part of the shared Bicycle, including equipment, is damaged, lost, or stolen due to reasons attributable to the User, the Member shall be responsible for all costs required to repair or replace the shared Bicycle to its original condition.
Article 33 (Measures to be Taken if the Sharing Bicycle is Not Returned)
1. If the User does not return the shared Bicycle after the usage period specified in each plan and does not respond to our request for return, or if we determine that the User has absconded with the shared Bicycle due to reasons such as the User's whereabouts being unknown, we will cancel the membership contract and file a criminal complaint or other legal proceedings against the User.
2. In the event that the preceding paragraph applies, the Member shall be liable for all damages incurred by the Organization, including but not limited to usage fees until the Bicycle is returned, and expenses incurred in retrieving and searching for the shared Bicycle.
3. In the event that a User does not return the shared Bicycle after the operating hours of the Cycle Sharing System due to a natural disaster or other force majeure event, the Organization shall not be held liable for any damages incurred by the User as a result of this. In such a case, the User shall immediately contact the Operation Office and follow its instructions.
Article 34 (Liability for Damages)
In addition to the provisions of the Terms and Conditions, the Member shall be responsible for compensating for any damage caused to a third party or the Organization by the User's use of the Sharing Bike. However, this excludes cases where the damage is caused by reasons not attributable to the User.
Chapter 7 Disclaimer
Article 35 (Indemnification)
In the event that a User incurs damages due to the use of a shared Bicycle or the inability to use a shared Bicycle, regardless of the reason, the User may not claim compensation for damages beyond the amount of money received by the Organization from the Member, except in the case of willful misconduct or gross negligence on the part of the Organization.
Chapter 8 Use of Customer Information
Article 36 (Use of Customer Information)
1. The Organization shall handle the personal information of Members that it obtains in the course of providing its services (information that can be used to identify a Member by such information or by matching it with other information) in accordance with the "Privacy Policy Concerning Personal Information of Customers" and these Terms and Conditions separately stipulated by the Organization.
2. The Organization may provide personal information of Members to the following third parties.
The matters set forth in the "Privacy Policy Concerning Your Personal Information" separately stipulated by the Organization.
Insurance companies with which the Organization contracts to provide compensation as stipulated in Article 21.1, and other parties as stipulated in the "Privacy Policy Concerning Customers' Personal Information" separately stipulated by the Organization.
Matters stipulated in the "Privacy Policy Concerning Customers' Personal Information" separately stipulated by the Organization.
DOCOMO Bikeshare Inc.
3. Joint use of Members' personal information will also be handled in accordance with the "Privacy Policy Concerning Customers' Personal Information" separately stipulated by the Organization and these Terms and Conditions.
Chapter 9 Miscellaneous Provisions
Article 37 (Revision of Terms and Conditions)
In the event that the Organization revises these Terms of Use, notice of such revision shall be posted on the Organization's designated website. Revisions to the Terms and Conditions may be made without prior notice to Users.
Article 38 (Notices, etc.)
Notices, communications, etc. from the Organization to Members shall be sent to the telephone number or e-mail address registered at the time of the subscription agreement, and shall become effective at the time they are sent. The Member shall bear any disadvantage due to non-receipt of notices, communications, etc.
Article 39 (Delayed Payment)
If a Member fails to fulfill his/her financial obligations under this Agreement, the membership Agreement, or individual contracts, the Member shall pay to the Organization late charges at the rate of 14.6% per annum (calculated on a daily basis on the basis of 365 days in a year).
Article 40 (Court of Jurisdiction)
The Nagano District Court shall have exclusive Jurisdiction over any disputes regarding rights and obligations under this Agreement, the membership Agreement, or individual contracts.
Article 41 (Consumption Tax)
Members shall pay consumption tax (including local consumption tax) imposed on monetary obligations under the Terms and Conditions.
Various Contacts
Shinshu Tomi Tourist Association 0268-62-7701
mail: info@tomikan.jp
