Article 1 (Scope of Application)
between the Company and the Customer with respect to the use of the Service and the conditions of its provision
3. This Service can be used by downloading the Tokyo Starter Kit Application.
Article 2 (Definition)
1. “Tokyo Starter Kit Service” means the service that allows one, as long as it is within the contents stated in the service description, to utilize the Company’s partner companies’ facilities, utilize human services, and allows one to receive special bonuses.
2. “Service Content” means text, sound, music, images, videos, programs and other information that can be accessed through this Service.
3. “Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights, including the right to obtain such rights and the right to apply for registrations, etc., for such rights.
4. “Customer” means the individuals who purchased the Tokyo Starter Kit Service and utilize the said Service.
5. “Company” means Tokio Marine & Nichido Fire Insurance Co., Ltd.
6. “Company Website” means the website operated by the Company’s domain, [Name of the domain which provides the Service] (if the domain or contents of the Company Website is changed for any reason, such changed domain shall be included).
Article 4 (Handling of Customer Information)
1. Customer Information
2. History Information
The Company may collect the following information when offering the Service (collectively referred to as "History Information"):
li Language used
li Cookie data (※)
li Login history
li The Service’s usage history (such as browsing history and location information)
li Device ID
li Location information
※ The Company shall collect cookie data when the Service is accessed. The handling of cookie data in this Service conforms to the Cookie Data Handling Policy on the Company Website (Please see the website: (http://www.tokiomarine-nichido.co.jp/guideline/）).
Google Analytics is used to collect and analyze some access logs.
Google Analytics Official Website
3. Purpose of Information Usage
History Information shall be used to the extent necessary to achieve the following intended purposes along with the Purpose of Use listed on the Company Website:
Provision, maintenance, and improvement of the Service;
Response to inquiries and information, etc. with respect to the Service;
Authentication of the Customer’s identity;
Communications to the Customer such as response to inquiries and notifications;
Development of new services and products;
Event and campaign information, operation, management and provision of information;
Communications about the Company’s products and services;
Provision of various information, operations, management, information on campaigns, events, products and services handled by the Company’s business partners;
Creation and usage of statistical data processed in a form that unable individual data to be identified; or
For purposes related to the above purposes.
Please refer to (http://www.tokiomarine-nichido.co.jp/en/) (http://www.tmn-anshin.co.jp/index.html?top) for the Company Website.
4. Provision to a Third Party
(1) The Company may provide the History Information to third parties if the situation falls under any of the items listed below.
The Customer shall use the Service with prior consent to the Customer’s History Information provided to third parties.
li Cases with the consent of the Customer; or
li Cases where the Company entrusts a third party with the handling of Customer information within the scope necessary for the achievement of the purpose of use.
In addition, if the Company entrusts the handling of Customer information to third parties either in whole or in part, to the extent necessary to achieve the purpose of usage of the Company, it will be done while bound by confidentiality agreements.
(2) The Company may share the History Information of the Customer without prior consent if the situation falls under any of the following:
If it is necessary for the protection of the life, body or property of an individual and it is difficult to obtain the consent of the relevant Customer;
If it is especially necessary for improving public health or promoting the sound growth of children and it is difficult to obtain the consent of the relevant Customer;
Merger, company split, transfer of business or other cases where the Company transfers all or part of its business to a third party;
If it is required to cooperate with national organizations or local governments, or parties entrusted by them, so that said third parties may perform their duties as required by law and obtaining the consent of the Customer in question may interfere with the said performance of duties; or
If disclosure is permitted based on laws protecting personal information and other laws and ordinances.
5. Disclosure of Personal Information
For requests regarding the suspension of the provision of information to third parties or erasure, suspension of use, deletion, addition, correction, disclosure, notification with purpose of use in accordance with the Personal Information Protection Act or related laws, please make your request by following the inquiry method specified by the Company.
Article 5 (Prohibited Acts)
In using this Service, Customers shall not engage in any act that falls or is likely to fall under any of the items listed below.
If the Company deems that an act of a Customer falls or is likely to fall under any of the following items, the Company may delete all or part of the customer’s History Information without prior notice:
(1) Acts that violate the law or are related to illegal acts;
(2) Fraud or intimidation towards the Company and the Service’s other users or other third parties;
(3) Acts that violate public order and morals;
(4) Acts that infringe on the intellectual property rights, rights of likeness, or privacy of the Company, other users of the Service, or other third parties;
(5) Acts that place excessive load to the Service’s network or system;
(6) Reverse engineering and other acts of analysis towards software and other systems provided by the Company;
(7) Acts that obstruct the operation of the Service;
(8) Unauthorized access to the Company’s network or system;
(9) Acts impersonating a third party;
(10) Using the ID or password of the Service’s other users;
(11) Promotion, advertising, soliciting, or sales activities that are not permitted by the Company;
(12) Collection of information on other users of the Service;
(13) Acts that cause disadvantage, harm, or discomfort to the Company, other users of the Service, or other third parties;
(14) Acts falling under Article 14 (Exclusion of Anti-social Forces);
(15) Acts that directly or indirectly trigger or facilitate the acts of the preceding items;
(16) Acts that may fall under the above-listed acts or attempt to commit them; or
(17) Other acts that the Company deems to be inappropriate;
Article 6 (Start, Suspension, Changes, and Termination of the Service)
1. Starting the Service
The service is started by registering the serial code sold by Tokyo Starter Kit Service under the Customer’s consent.
2. Suspension of the Service
The Company may suspend all or part of the Service without prior notice to the Customer if the situation falls under any of the items listed below. During such cases, the Company shall not be liable for any refunds, damages, compensations, etc.
(1) When the Company conducts unscheduled maintenance or inspections of the computer systems relating to the Service;
(2) When the Service cannot be operated due to computer or communication channel difficulties, maloperation, excessive online traffic, unauthorized access, hacking, etc.;
(3) When the Service cannot be operated due to force majeure such as earthquakes, lightning, fires, storms, and floods, power failures, etc.; or
(4) Any other cases where the Company deems it necessary to interrupt or suspend the Service due to logical reasons.
3. Changes to the Service
The Company, as it deems necessary, may change all or part of the Service’s contents anytime without prior notice to the Customer.
4. Termination of the Service
The Company may, at its own discretion, terminate the provision of the Service. In such a case, the Company shall give prior notice to the Customer.
Article 7 (Ownershi
of Intellectual Property Rights and Service Contents)
1. Intellectual Property Rights of the Service
All Intellectual Property Rights and other rights in and of the Service and the Service Contents shall vest in the Company (or those authorized by the Company), and the use of the Service permitted through the registration under the Terms shall not be construed as granting any license with respect to the Service under any Intellectual Property Rights held by the Company (or those authorized by the Company).
2. Customer Usage
The Company grants the Customer non-transferable, non-re-licensable, and non-exclusive license to use the Service Contents provided by the Company only for the purpose of using the Service.
The Company may post advertisements of the Company or third parties on the website provided by the Service.
Article 8 (Limitations)
1. As the Service uses internet connection and GPS features, the accuracy of the current location data may deteriorate indoors. In addition, as the measurement accuracy of the GPS depends on the surrounding communication environment, the current location data may lose accuracy or may not be acquired.
2. Notifications may be delayed or remain undelivered due to system failures and the Customer’s communication environment and communication conditions. The Company shall not be obliged to resend the notifications even if their delivery failed.
3. Notifications may arrive late at night or early morning depending on the communication environment and nature of information.
4. Shelter data shall be connected to a server managed and operated by the Company’s business partner, the 1st Media Corporation, and shall be used by the said business partner. The Company does not guarantee the accuracy of the acquisition and update of the user’s time of use.
5. The automatic saving feature (cache feature) of the shelter data acquired by the Service increases the data volume of the mobile device and may limit the operation of the mobile device itself.
6. As the data of the disaster prevention information depends on the accuracy and swiftness of the information sender's L Alert (disaster information sharing system) input, the Company does not necessarily guarantee that the Customer’s time of use is accurate. Please compare and confirm the disaster prevention information with the information directly announced by related local governments.
7. In the Service, there are cases when the Company’s business partner, the 1st Media Corporation, receives the data of the disaster prevention information from the L Alert (disaster information sharing system) and edits or changes the said information’s format to an extent where the information is not marred. The Company shall select information, connect to the 1st Media Corporation’s server, and shall use and display the said information.
8. The Company may translate all or part of the Service to the Company’s language of choice. The translated text may not necessarily be accurate as it is done by a third-party automatic translation program. There may be cases when the original content of the Japanese page differs from the translated text. In addition, it will take some more time to display the translated page on the screen compared to the untranslated Japanese page.
Article 9 (Use of Service and User Responsibilities)
1. Preparation of Necessary Devices
Computers, smartphones and other devices, software, communication channels, and other communication environments, etc. necessary to receive the Service shall be prepared and maintained at the Customer’s expense and responsibility.
The Company does not guarantee that the Service will be compatible with all devices.
2. Usage at One’s Own Risk
The Customer shall use the Services at his/her own risk and is solely responsible for all his/her actions and results in using the Service.
3. Dispute with Third Parties
The Customer, under his/her responsibility, shall resolve all disputes between the Customer and third parties with respect to the Service, and the Company shall not be responsible for these actions.
4. Liability for Damages
In the event that the Customer, through his/her use of the Service, directly or indirectly causes (including cases in which the Company receives a claim, etc. from a third party caused by the Customer's usage of the Service) the Company any damages (including burden of attorneys’ fees), the Customer is liable to compensate the Company in accordance with the Company’s claim.
Article 10 (Disclaimer of Warranty)
The Company does not guarantee, expressed or implied, that the Service conforms to the specific purpose of the Customer, that it has accuracy, usefulness, expected functions, commercial value, and that the Customer's use of the Service conforms to applicable laws and regulations, etc., or that it will be continuously available, and that no malfunction will occur.
Article 11 (Disclaimer)
1. The Company shall not be liable for any damages incurred by the Customer with respect to the Service, including incidental damages, indirect damages, special damages, future damages and loss of profits.
2. The Company shall not be liable for any damages with respect to the use of the Service listed in the following items:
(1) Damages to the Customer caused by the usage or failure to use the Service;
(3) Damages caused by the Customer to a third party through the use of the Service;
(4) Damages to the Customer related to the Service such as system interruptions, delays, stoppages, loss of data, unauthorized access to data, etc. due to operation failure of hardware or software or devices used by the Customer such as computers or internet access lines, etc.;
(5) Damages such as connection fees charged by telephone companies or carriers that occurred when using dial-u
connections, unauthorized access, and other services;
(6) Damages based on disputes and complaints due to the occurrence of failures such as server stoppage caused by the Customer, etc. with respect to the use of the Service;
(7) Damages related to or caused by the Customer’s device or application; or
(8) Any damages incurred in matters related to the use of the Service other than the damages listed in the preceding items.
Article 12 (Confidentiality)
The Customer, unless upon the Company’s prior written consent, shall treat non-public information that the Company discloses to the Customer confidentially in relation to the Service, as confidential.
Article 13 (Links to Other Sites)
The Company shall not be liable for any damages caused by links to other websites with respect to the Service.
Article 14 (Exclusion of Anti-social Forces)
(1) Organized crime groups, members of organized crime groups, persons associated with organized crime groups, enterprises related to organized crime groups, corporate extortionists, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, special intelligence organized crime group;
(2) Persons cooperating with the maintenance or operation of organized crime groups, persons that show reliance on organized crime groups for the purpose of unfairly benefitting oneself, or persons recognized to have close relations with the persons listed in (1); or
(3) People corresponding to (1) making unreasonable demands using illegal or unfair means such as violence, intimidation, force, fraud, etc.
2. The customer shall declare and warrant the following:
(1) The Customer is not an Anti-social Power;
(2) The Customer was not an Anti-social Power;
(3) Does not utilize Anti-social Powers;
(4) Has no association with Anti-social Powers;
(5) Does not commit any of the following acts him/herself or by using a third party:
(a) Claims made with forceful behavior and acts of violence;
(c) Use of threatening actions or statements, or violent acts and behaviors in connection with any transaction between the parties;
(d) Acts and behaviors which may damage the credit or obstruct the business of the other party by spreading false rumors or the use of fraudulent means or by force; or
(e) Other acts and behavior corresponding to the above (a) – (d) howsoever described.
Article 16 (General Provision)
(1) Notifications and communications from the Company with respect to the Service shall be made by posting on the appropriate places in the websites operated by the Company and by methods the Company deems appropriate.
(2) Notifications and communications from the Customer to the Company regarding the Service shall be made by the method designated by the company.
In case of notification or communication from the customer, the Company shall be able to confirm the Customer's identity in the manner prescribed by the Company.
In addition, the Company shall respond to notifications or communications from the Customer using the method the Company deems to be most appropriate each time, and will not be able to specify the method of response.
3. Matters not Stipulated
4. Language, Governing Law and Jurisdiction