Disclaimer: This document was translated into English (US) from its original version in Japanese. If there is any conflict of understanding due to the translation of this document, the Japanese version shall take precedence over the English version.
Article 1 (Structure of Agreement)
Service Using Candidate must consent to the content of this agreement in using the Service.
Article 2 (Usage Application)
Service Using Candidate must authenticate his/her personally owned smartphone device through the procedure separately prescribed by the Company when using the Service. When performing said authentication, User must receive SMS being sent from the Company on the smartphone that he/she owns.
In order for User to use the Ticket that he/she has purchased through the Service, User will need to use the smartphone device that he/she personally owns that is already authenticated (hereinafter, the "Authenticated Smartphone").
Article 3 (Usage Environment)
In order to use the Service, User needs to provide the following environment.
Contract with the mobile phone operator that pertains to the usage of SMS
Smartphone that fulfills the receiving function of SMS and other requirements separately prescribed by the Company (hereinafter, the "Smartphone").
Smartphone application being transmitted for free-of-charge by the Company so that User can use the Service (hereinafter, the "Ticket App.").
Environment that allows Smartphone to be connected to the internet
User shall pay for the expense required to prepare and sustain the environment mentioned in the respective items of the preceding paragraph..
Article 4 (Contact Items)
Notwithstanding the provision stated in the above paragraph, if the Company decides to change the content of Article 10 regarding the personal information of the member, the Company will perform such change by gaining necessary consent from the User in compliance to the personal information protection law and other relevant laws/ordinances.
Article 5 (Ticket Purchase Procedure)
When purchasing the Ticket through the Service, User shall access the website and apply to purchase the Ticket by following the procedure separately prescribed by the Company.
In regard to the purchasing procedure of the Ticket, the Company will first approve User’s purchase application of the Ticket, and the procedure will be completed at the point when the Company sends out the confirmation of said approval to User through the method separately prescribed by the Company. Please note in advance that after the purchase procedure has been completed, the Company will not accept any cancellation regardless of its reasons if User decides to cancel the purchase due to his/her circumstance.
After User completes the purchasing procedure of the Ticket, the Company will send out a necessary information to use the purchased Ticket (hereinafter, the "Ticket Information") to said User’s Authenticated Smartphone. Please note that in order for User to use the purchased Ticket, User needs to connect the Authenticated Smartphone device (ticket application must already be installed in this Authenticated Smartphone ) to the internet and receive the Ticket information in advance.
The Company has the right to void User’s Ticket purchase application if he/she does not make a payment by the due date separately prescribed by the Company. In such case, said User will lose all rights for the Ticket that he/she was attempting to purchase through this procedure.
Article 6 (Use of Ticket)
When User is attending the event by using the purchased Ticket, User needs to bring the Authenticated Smartphone that received Ticket Information to the event site and activate the ticket application and display the authentication screen on the smartphone (hereinafter, the "Ticket Authentication Screen"). For other kinds of Ticket usage at the event site, please follow the instruction of the event staff.
If User is unable to display the Ticket Authentication Screen on the Authenticated Smartphone at the event site not caused by the fault of the Company due to reasons such as loss/malfunction/flat battery/not bringing the Authenticated Smartphone, forgot to receive the Ticket information and any other reasons, there may be a case where User may not be able to attend the event. In such case, the Company and event operator will not be obligated to provide Ticket refund, and shall be free from any and all liabilities.
If User changes the smartphone device or phone number after authenticating the device, in order to use the purchased Ticket, User needs to go through a procedure to change the Authentication Information by making request to the Company (User must tell the Company about how he/she changed the phone device, telephone number, etc.) through the procedure prescribed by the Company before the date of the event. Since the procedure to change the Authentication Information may take up an extended period of time separately prescribed by the Company, User is advised to make a request to the Company by providing enough time with one’s own responsibility so that said procedure can be completed in time for the event.
Article 7 (Prohibition of Transfer etc.)
Under the Service, the owner of the smartphone that was being used at the point when such device was authenticated by the Company and subscriber of mobile phone line of telephone number where SMS was being sent from the Company at the point of device authentication (hereinafter, the "Ticket Purchaser") are the only ones who are given the right to use the Ticket. Person other than the User approved by the Company may not use the Ticket regardless of reasons, whether fee-based or free-of-charge transfer/lease of smartphone, or any other terms/methods.
If the Company discovers that a person other than the Ticket Purchaser is using or attempting to use the Ticket without the prior approval of the Company, the Company can void said Ticket and can reject the usage of said Ticket (including the Ticket Purchaser ) and have that person withdraw from the Service. In such case, the Company will not be obligated to provide refund for said Ticket and will be free from any and all liabilities.
Article 7.2 (Transfer of Ticket)
Notwithstanding the provisions of Article 7, through the procedure set forth in the pr limit shall be the fixed price of said Ticket (fixed price means the sales price of the Ticket initially being sold to the User by the Company).
When applying for the Transfer of Ticket and Receiving of Ticket, Person Desiring to Sell Ticket and Person Desiring to Purchase Ticket shall contact the Company and proceed through the procedure set forth by the Company.
Person Desiring to Sell Ticket may apply for the Ticket of Transfer one ticket at a time for the same event. Person Desiring to Purs of Transfer Price, at the point of completing said payment process, Person Desiring to Purchase Ticket will acquire the right to attend the event based on the said Ticket, and Person Desiring to Sell Ticket will lose the right to attend the event (aforementioned rights processing shall be collectively called, "Handover of Ticket"). Further, after the Handover of Ticket has been completed, regardless of reasons, Person Desiring to Purchase Ticket and Person Desiring to Sell Ticket may not request to cancel the Transfer of Ticket and Receiving of Ticket. Also note that if payment processing did not complete by the period set forth by the Company per payment method due to the circumstance of Person Desiring to Purchase Ticket, the Company may cancel the Receiving of Ticket requested by such Person Desiring to Purchase Ticket.
When the Ticket is handed over successfully and the event pertaining to said Ticket is being executed, the amount that deducted the service usage fee prescribed by the Company from the Transfer Price being paid by Person Desiring to Purchase Ticket will be registered as "received amount" to the account of Person Desiring to Sell Ticket under "SKIYAKI WALLET" service provided by the Company. Person Desiring to Sell Ticket may specify the receiving method of received amount registered in "SKIYAKI WALLEET". Also note that "SKIYAKI WALLET" shall be pursuant to the usage rule of "SKIYAKI WALLET" separately prescribed by the Company.
If the event is being cancelled, transfer, receiving, and handover of the Ticket pertaining to said event will become void. If Person Desiring to Purchase Ticket already completed the payment of the Transfer Price at the point in which the cancellefund
After Request for Ticket Transfer, the Company and Person Desiring to Purchase Ticket execute the purchase contract of the Ticket with the Transfer Price,and such person (Person Desiring to Purchase Ticket) completing the payment of the Transfer Price
Purchase contract of the Ticket between the Company and Person Desiring to Purchase Ticket by the Transfer Price
Each term used in this Article such as "purchase", "transfer", "sell", "handover" are used for convenience of expression and do not directly cause a legal action such as sales and purchase, exchange and any other legal actions between Person Desiring to Sell Tickets and Person Desiring to Purchase Ticket, directly or indirectly.
Article 8 (Notice of Change in Information)
If there is a change in the information that was sent to the Company upon applying for the use of Service and purchase of Ticket, User must promptly send the notice of change in such information to the Company through the method prescribed by the Company.
If User did not receive the notice sent out by the Company (including Ticket Information) due to his/her neglecting to send the notice stated in the above paragraph (including the case of User sending inaccurate information), the Company may deem said notice being sent from the Company to have arrived at the normal arrival time, and User shall consent to such assumption. Further, if User suffers a damage from such late arrival or a failure of arrival, the Company and event operator shall be free from any liabilities pertaining to such damage.
Article 9 (Withdrawal)
If User decides to withdraw from the Service, he/she shall make said request through the procedure set forth by the Company.
When the User withdraws from the Service, he/she will not be able to use the Service following such withdrawal, and will lose the right to use the Ticket including items with completed purchase process. However, even in this case the User will not be free from the payment obligation of the Ticket whose purchase process has already been completed, and the Company and event operator will not be obligated to refund the money for the Ticket that they received from User and will not assume any other liabilities.
The Company may store and manage the personal information/usage history of the User for 1 year after receiving the notice of withdraws from User.
Article 10 (Personal Information of User)
The Company will use the personal information provided by User such as name/address/email address/etc. for the purpose within the following scope. By excluding the case where User individually and separately provides approval or prescribed by laws/ordinances, the Company will not use said personal information beyond said purpose.
To provide the Service and respond to inquiry/investigation/etc. related to the Service
Introduction/Information on product/service being provided by the Company (transmitting email newsletter, etc.), or request for survey, etc.
To analyze the state of the Service usage, etc.
If pursuant to laws/ordinances
If disclosure is being demanded by a person with legal authority
If it becomes necessary to disclose it to protect and restore the rights of the Company and/or third party from imminent or illegal infringement.
If deemed necessary to disclose it to the outsourced entity due to business reasons
In the case of providing it to the transfer destination through succession of business or other method that accompanies the transfer to a third party involving a trade pertaining to the service
Article 11 (Suspension/Cancellation of Membership)
If User corresponds to any of below items, the Company may immediately suspend him/her from using the Service or have him/her withdraw from the Service without any prior notice. In such case, said User shall immediately pay the Ticket fee and other entire debt amount owed to the Company. Further, the Company shall not be obligated to provide refund for the Ticket already being purchased by the User and be free from any liabilities against said User.
If User fails to pay the Ticket fee and other debts that User owes to the Company
If the credit card registered for the Service has defaulted
If the Company determines that a single User is registered as multiple users
Regardless of the method, if User acts in a way that disrupts the smooth operation of the Service
If User did not use the Service for more than 2 years, and if the Company determines that there is little potential for User to use the Service in the future
If User behaves in a way that is disturbing to event operator/event participants, disrupts the smooth operation of the event, and act that the Company determines having potential for said disruptions
If the Company determines that there is evidence that User has ties with antisocial forces
Other reasonable reasons that the Company determines User to be unfitted to use the Service
If User carries out acts that corresponds to any of the above items, he/she shall be liable for the damage suffered by the Company and third party based on such acts
Article 12 (Intellectual Property)
Unless there is a special display, the entire program, software, trademark, trade name or intellectual property rights and other rights that pertains to the entire technology associated with these items shall belong to the Company or third party that possess legal right.
Outside the scope of private use, User may not use any information that he/she acquires from the use of the Service regardless of the method including reproduction, publication, airing, public transmission and any other from, without the prior and express approval of the Company or third party that possess legal right.
If the Company suffers damage due to the information provided by User through the use of the Service, he/she shall be liable for such damage against the Company.
Article 13 (Suspension/discontinuation of Service)
If corresponding to any of the following reasons, the Company may temporarily discontinue or suspend a part or all of the Service through its own decision without out providing prior notice to User.
If performing periodic or emergency maintenance or renewal of the equipment/system used for the Service
If it becomes difficult to provide the Service due to force majeure such as fire, power failure, natural disaster, etc.
Other reasons such as carrying out temporary discontinuation of the Service due to operational or technical reasons, or if the Company deems it necessary to halt the Service or deems it difficult to provide the Service due to unforeseen circumstance.
Regardless of any reasons, the Company shall be free from any liabilities toward User regarding the suspension/discontinuation of the Service stated in the above paragraph
Article 14 (Warrant and Liability)
The Company will not warrant the accuracy/completeness/usefulness/dependability of the Service
The Company will not assume any liabilities toward User regarding the failure of the Service caused by the circumstance of User, and regardless of the content, the Company shall be free from said liabilities regarding the fact that User not being able to attend the event caused by reasons other than validity issue of the Ticket.
The Company will not assume any liabilities for any damages occurring on electronic device that User is using for the Service such as personal computer, smartphone, tablet etc. and network environment.
If event was not carried out due to reasons such as force majeure, strike of public transportation, road/railway/airplane etc. accidents, laws/ordinances, administrative measure, and other reasons not stemming from the fault of the Company, the Company will only provide the Ticket refund to User and be free from any other liabilities.
Article 15 (Expiration of Service)
The Company may end the providing of the Service by making notice or announcement to User. This notice or announcement will be made by sending out email to User’s registered email address or by displaying it on the website that pertains to the Service.
Other than the refund of the already paid Ticket that no longer can be used due to the expiration of the Service and items prescribed by laws/ordinances, the Company will not assume any liabilities to User once the Company goes through the procedure stated in the above paragraph upon ending the providing of the Service.
Article 16 (Governing Law/Effect)
Article 17 (Settlement of Disputes)
If dispute arises between User and the Company regarding the Service, both parties shall make effort to settle such dispute by holding discussions, but if unable to settle the dispute through such discussions, Tokyo District Court or Tokyo Summary Court shall serve as the court that have sole jurisdiction of the first hearing.