This Terms and Conditions has the objective for stipulating necessary provisions so that The Aqua Enterprise Company or T&TIS, INC., hereafter described as "we" as well, can smoothly provide users, hereafter described as "the user" as well, with an internet service, hereafter described as "this service" as well, under the name of "SMARTRA".
Regarding using this service, the users must agree with License Agreement of SMARTRA System, Privacy Policy and the low ranked prescriptions, such as rules and guidelines, when provided as well as this terms and conditions. When a user uses this service, it shall be understood that he/she has agreed with those agreement, policy, rules, guidelines, terms and conditions and the like.
The user able to understand this service, including this terms and conditions and the like, can use this service. The child under the age of 20 is required to get the permission of his/her parent or guardian and is considered that the child under the age of 20 who uses this system has got the permission. It shall be understood that the parent or guardian follows the content of this service and permits him/her to use this service in advance. The parent or guardian shall be responsible for all the issues caused by him/her in using this service.
- 1) The patent, copyright, trademark, other intellectual property and other rights associated with a travel process prediction technology, a travel situation detection technology, a webpage title or design, a tag or card design for an NFC, barcode or magnetic tape, a design of a label or other media, other production, an icon, an emblem, data or an expression, hereafter described as "content and the like" as well, belong to us or the owners, creators and the like, of the rights.
- 2) The user needs to negotiate with us in advance when he/she exploits the content and the like for the use other than this service or when he/she uses them for business regardless of whether it is a free business or not. We prohibit the user from using them without our permission.
- 3) The information the user provides for us when the user uses this service shall be given to us for free. This service and we shall be able to eternally use the information for free without limitation.
- 4) Among the information regarding the communication at a time when the user uses this service, the communication information we can acquire, such as the access history of the user, belongs to us, and we shall be able to eternally use the information for free without limitation.
- 1) The user needs to complete a user registration in advance when he/she uses this service for the purpose other than just browsing this service. He/she shall provide correct information accurately and clearly and complete a user registration.
- 2) The user shall provide this service with information, including "SMARTRA Report", which is appropriate, correct, accurate and clear to the best of his/her knowledge, experience and belief.
- 3) We can ask him/her for an explanation by using an email or other ways when it is incorrect, inaccurate or unclear or when we judge it is inappropriate.
- 4) When the information described at §1) or §2) is incorrect, inaccurate or unclear, when we judge it is inappropriate, or when the reply for the said email or the like is not returned or is not reasonable, we shall be able to change, delete or deactivate it without his/her agreement. When there is a benefit, such as points, given to the user in return for it, we can delete the benefit in a same fashion.
- 5) In the case above, if the issue is consequent, such that the issue is very malicious, we shall be able eternally delete, stop, deactivate, suspend or prohibit all the user information, including data of user registration. We shall be able to erase all the benefits, such as points, given to the user as well.
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6) In the case above, if we further judge that the user is habitual or possibly causes it again, we may regrettably make following actions in order to keep the quality of this service.
- a) We submit a report on the damage caused by the user to a police or judiciary institution and ask an investigation on suspicion of fraudulent obstruction of business or the like. In this case, information on the user is presented to the institution.
- b) We shall be able to disclose a part of the user information, such as his/her name, age, gender, nationality and provided data, without his/her consent. In this case, we shall not disclose the information able to identify the user, such as his/her full address or full phone number.
- 1) Regarding using this service, when the user registers ID and password, including when we issue them to the user, he/she shall be responsible for and conscious of managing his/her ID and password, preventing a robbery, loss or the like.
- 2) The ID and/or password of the user shall not be transferred or leased to the third party.
- 3) When the system receives the access of the ID and password of the user, we shall acknowledge that the user accesses the system. Even though they are stolen, are used fraudulently or are treated in any other ways, and an entity other than the user actually accesses the system, we shall not be responsible for any damage or loss of the user caused by the improper access made by the entity.
As the user uses this service, user's personal information received by the system is treated in accordance with Privacy Policy, which is stipulated separately. The user shall agree with that.
- 1) We shall be able to temporarily stop, delay or cancel this service without notifying the user.
- 2) We shall be able to add, change, stop, suspend, delete or finish this service without notifying the user.
- 3) We shall be able to resume the service which has been temporarily stopped, delayed, or canceled without notifying the user.
- 4) We shall not be responsible for any damage or loss of the user or third party caused by the temporary stop, cancel, delay, addition, change, suspension, deletion, finish or the like of the service.
- 1) We shall be able to send a service, an advertisement, a reward, a questionnaire, goods and so on to the contact information, including an email address, of personal information that the user has registered. The user shall agree to receive them.
- 2) When the user inputs and issues information on advertisement through this service, he/she shall register the ID and password for an advertiser, get an admission from us, and do in accordance with a predefined way of this service.
- 3) We examine the information input by the advertiser and admit appropriate ad information to be the ad information of this service. However, it does not necessarily mean that we examine or admit it.
- 4) The user cannot claim any objection or opinion on the advertiser, his/her ad information, the admission criterion, the process, the appointed date of delivery and so forth.
- 5) The ad information is disclosed on a certain webpage whose language is the same as the language the advertiser has used. If the user, advertiser, wishes to issue the ad information from a different language webpage, he/she again needs to input the information on a webpage written in the different language.
- 1) The user can send his/her meeting partner his/her name or nick name, email address, travel situation or travel prediction information and so on in order to meet the meeting partner timely by inputting predefined information into this service.
- 2) A part of or all information the user has set for providing the meeting partner with the information shall be automatically canceled after the system has sent it to the meeting partner at a rendezvous point by email or the like and not be continuously sent thereafter.
- 3) When the user arrives at the rendezvous point and sends the information on the check point set there as SMARTRA Report, the system automatically cancels the setting above. When the user does not send the information on the check point, he/she needs to manually cancel the setting.
- 4) After completing providing information for the meeting partner, the user shall check whether it has canceled the setting automatically and cancels the setting by him/herself if he/she needs.
- 1) The signage is set at a commercial or public facility or the like that a traveler or the like uses. The user who manages the signage is also called a signage manager.
- 2) When the user displays on his/her signage the travel situation, prediction information or the like of a traveler through this service, he/she shall register the ID and password for a signage manager, get an admission from us, and do in accordance with a predefined way of this service.
- 3) We examine the registration information and the like input by the signage manager and admit a proper signage to be the signage of this service. However, it does not necessarily mean that we examine or admit it.
- 4) The user cannot claim any objection or opinion on the signage, signage manager, admission criterion, process, appointed date of delivery and so forth.
- 5) This service sends the travel situation, prediction information and the like by using the language of a webpage on which the signage manager has input the registration information. If the signage manager wishes to display the travel situation, prediction information and the like which are written in another language, he/she shall need to input the registration information on a webpage written in said another language.
- 1) We may give the user benefit information, such as point information, when he/she uses this service.
- 2) We may change the benefit information.
- 3) The benefit information given to the user shall be valid for 2 years.
- 4) The user shall not be able to transfer or lease the benefit information to the third party.
- 5) The user shall be able to trade the benefit information for a reward, such as a service, goods, lottery card or the like, displayed on the webpage of this service.
- 6) We set the exchange rate for trading the benefit information for the reward at any time, and the rate is changeable.
- 7) The user shall normally pay the delivery cost for the reward, and we shall send the reward to only the address registered by the user.
- 8) The user loses the eligibility of the reward unless he/she requests the delivery within 2 months from the date of election.
- 9) The user cannot claim any objection or opinion on content of the benefit, a way of providing the benefit, a way of electing a winner, a result of applying for the reward, quality or the appointed date of delivery of the reward, and so on.
- 10) This service shows the user the result of the application by using a language of the webpage where he/she has traded the benefit.
Regarding using this service, the user cannot conduct the following 1) to 10) actions.
- 1) Sending a spam mail, junk mail, fishing mail or the like.
- 2) Infringing a patent, a trademark, a copyright, property, trust, privacy, honor, a right to ones portrait or other rights of another person or company.
- 3) Damaging hardware or software of a computer or other computer related gadgets, or obstructing, suspending or limiting the function or processing hardware or software of a computer or other computer related gadgets.
- 4) Issuing information or conducting sales, such as information provision, advertising and promotion, without our consent.
- 5) Doing a deceptive action, such as pretending to be another person, or doing a harassment action, such as following after a person.
- 6) Impairing a minor or older person, an expectant woman or a disabled person.
- 7) Doing atrocious, obscene or other uncomfortable expression.
- 8) Acting against lows, including ones on export/import, or public order and standards of decency, or triggering a crime.
- 9) Doing a change, edit, deletion, concealment or the like of a legal notice.
- 10) Doing actions that we judge to be inappropriate.
We shall be able to eternally delete, stop, deactivate, suspend or prohibit all of the user information, including registered information when we judge that the user has done the action described above as prohibited. We shall be able to erase benefit information given to the user at that time as well. If we judge that the user is habitual or malicious or possibly causes it again, we may also regrettably make following actions in order to keep the quality of this service.
- a) We submit a report on the damage caused by the user to a police or judiciary institution and ask an investigation on suspicion of fraudulent obstruction of business or the like. In this case, the information on the user is presented to the institution.
- b) We shall be able to disclose a part of the user information, such as his/her name, age, gender, nationality and provided data, without his/her consent. In this case, we shall not disclose the information able to identify the user, such as his/her full address or full phone number.
- 1) We do not guarantee against any trouble, difficulty and other problems regarding communication between the user and this service when the user uses this service.
- 2) We do not warrant any reliability, completeness, accuracy, usefulness and the like of this service although always trying to improve them. We also do not guarantee that this service does not infringe the rights of others. The user shall be responsible for using this service.
- 3) We, beyond the scope of the clauses described in this terms and conditions, do not guarantee against any issue even if the user has got advice by means of the website of this service or the communication with us.
- 4) We are not responsible for any damage, loss or difficulty resulting from availability or unavailability of this service even if the user or third party suffers it directly or indirectly regarding using this service.
- 5) Even though the content of the above sections is not admitted and our responsibility is acknowledged, the period to compensate for it is 2 months from the time the user starts to use this service. And the maximum amount to compensate for it is limited to US$100, except for the case of our conscious or gross negligence.
- 1) When the user uses this service and damages another, he/she shall resolve the damage, being responsible for settling. We shall not be responsible for that at all.
- 2) When the user uses this service, we shall not be responsible for any damage or loss to the user or the third party.
- 3) When the user uses the service of us or another entity on a website of another party linked from the website providing this service and when he/she or others have some damage or loss, we shall not be responsible for that at all.
- 4) When the user violates any of the clauses in this terms and conditions or when he/she damages us by intention or negligence, we shall be able to request him/her to compensate all the damage or loss received.
We can revise this terms and conditions, such as addition, deletion or change, without user's consent. The user shall agree with this, and it shall be regarded that he/she has acknowledged revised terms and conditions when he/she uses this service after the revision.
- 1) This terms and conditions shall be governed in all respects by the laws of Japan.
- 2) The place of jurisdiction shall be Tokyo, Japan.
- 1) When we or the user call in question an item which is not described in this terms and conditions or which is related to the clauses of this terms and conditions, both shall discuss and resolve amicably.
- 2) When one of the clauses in this terms and conditions is not executable or invalid in some reason, the inability or invalidity of the clause to work does not affect the ability or validity of the rest of the clauses to work, and the rest shall be divided from the said clause and work effectively.
If we or our affiliates take any action to enforce this Agreement, such parties will be entitled to recover from a user(s), and the user(s) agrees to pay, all reasonable attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
The enforcement of this terms and conditions begins on April 15th, 2014.
The following sections, from 1) to 6), are the definitions of the terms used in this license agreement.
- 1) T&TIS, INC. or The Aqua Enterprise Company is also described as "we".
- 2) "The SMARTRA system" is a computer system providing information to support a traveler, meeting partner or the like and includes a server, a terminal, computer related gadgets and software to make them work. It is also called "this system".
- 3) "The user of the SMARTRA system" is a person who uses or will use a part or all of this system and is also called "the user".
- 4) "This hardware" is the computer hardware included in this system and includes a server, terminal and other computer related gadgets that we provide, approve, admit or appoint.
- 5) "This software" is the computer software included in this system and includes the programs to make this system work, the information on a website presented by us, our computer software information displayed on a website of another entity which is linked from the website presented by us, and the computer software information provided by us by means of other media, such as an optical disk.
- 6) "The operating manual" is the information provided in association with use of the SMARTRA system which is included in a medium, such as a website presented by us, or is the information provided in association with use of our system which is displayed on a medium, such as a website of another entity, that is linked from our website.
This license agreement has an objective to stipulate necessary items on the license agreement or the like of this system between us and the user.
- 1) We possess the intellectual properties, such as patents of this system and its computer program, a copyright of this software and the like, and they are protected by Patent Act, Copyright Act, international treaties and so on.
- 2) This system may include the hardware or software on which a licensor for us, hereafter called "a provider" as well, possesses a right.
- 3) Even though the user is licensed non-exclusively in accordance with this license agreement, the intellectual property of this system is NOT transferred by this.
- 4) When the user sets up a check point comprising an IC chip, bar code, magnetic tape, beacon or the like, or a rendezvous display comprising a PC, display or the like for this system users, including him/herself, or when the third party sets up either of them for this system users, he, she or the third party shall show the logo, mark or word authorized by us on the check point, a tag of the IC chip or the like or the rendezvous display, a PC, display or the like.
We provide the user with a non-exclusive free license to use this system regarding the following items.
- 1) On purpose that the user provides this system with useful information for a traveler, meeting partner or other relatives or obtains useful information for him/herself, such as accumulated and processed prediction information, from the system, the user uses this software by manipulating equipment, hereafter described as a computer and its related gadgets which are adapted to an environmental condition which is stipulated in an operation manual.
- 2) On the purpose described at the above section, the user uses this hardware by directly or indirectly connecting to it the equipment used by him/herself or the third party in a wired or wireless manner.
The user shall be prohibited from doing the following actions.
- 1) Using this system for the purpose other than that that the user provides this system with useful information for a traveler, meeting partner or other relatives or obtains useful information for him/herself, such as accumulated and processed prediction information, from the system.
- 2) Reproducing the hardware, software or business model of this system.
- 3) Distributing, sending or by other ways providing the hardware, software or business model of this system without our consent.
- 4) Adding a change to this system.
- 5) Modifying, erasing or deleting the expression of a copyright or other property rights included in this system.
- 6) Providing this system with unreal, fake, questionable or inappropriate information.
- 7) Exploiting this system or the information of this system for any purpose by an abnormal usage, such as reverse-engineering.
- 1) We shall be anytime able to let a succeeding system available as an improved or revised system of this system.
- 2) The user shall swiftly switch this system to the succeeding system when it is available.
- 3) The clauses stipulated in this license agreement shall be also applied to the succeeding system when it is available.
- 1) When the user forever finishes using this system.
- 2) When the user erases or deletes all the software obtained from us and kept in the equipment used by him/her.
- 3) When the account of the user is not used for a certain period.
- 1) This system shall be provided for the user in the status quo. We and the provider shall not guarantee that there is no defect, such as an error or spotted bug in the program of this system, that this system fulfills a particular purpose, and that this system or its use does not infringe the right of the user or the third party. We and the provider do not warrant any other content as well.
- 2) We and the provider do not owe any obligation, such as a check, maintenance or repair of this system. We and the provider do not owe any responsibility for the damage or loss to the user or the third party caused by use of this system and the damage or loss of the user based on the claim by the third party.
- 1) When this system needs a check, maintenance or repair or when we acknowledge necessity, we shall be able to conduct the stop, suspension, interruption or the like of using this system without notifying the user.
- 2) Even if we conduct the stop, suspension, interruption, or the like of using this system in accordance with the above section, and the user or the third party has any damage or loss, we shall not be responsible for that at all.
- 1) We shall be able to revise the clause of this license agreement by conducting addition, change, deletion or the like of the clause stipulated in this license agreement without notifying the user whenever we acknowledge necessity.
- 2) When the user continues to use this system after the clause stipulated in this license agreement has been revised in accordance with the above section, he/she shall agree with the revised clause.
- 1) This license agreement shall be governed in all aspects by the laws of Japan.
- 2) When one of the clauses in this license agreement is not executable or invalid in some reason, the inability or invalidity of the clause to work does not affect the ability or validity of the rest of the clauses to work, and the rest shall be divided from the said clause and work effectively.
The dispute caused between us and the user regarding this system or this license agreement shall be under the jurisdiction of Tokyo, Japan.
Enforcement: April 15th, 2014