BIGLOBE NINJA SIM/BIGLOBE PREPAID SIM365 Terms of Service
Chapter 1. General Provisions
Article 1. (Provision of This Service)
BIGLOBE Inc. (hereinafter referred to as “Our Company”) uses the wholesale telecommunications service provided by NTT Docomo, Inc. (hereinafter referred to as “Docomo”) and based on this BIGLOBE NINJA SIM/BIGLOBE PREPAID SIM365 Terms of Service (hereinafter referred to as “Terms of Service”), provides an internet connection service called “BIGLOBE NINJA SIM” (hereinafter referred to as the “Service”). Our Company separately stipulates the detailed provisions of the Service.
2 The Subscriber to the Service (defined in Article 3) shall be required to insert a SIM card (defined in Article 3) that is part of the product of Our Company called BIGLOBE NINJA SIM or BIGLOBE PREPAID SIM 365 (“the Product(s)”) into the Terminal of the Subscriber to the Service (defined in Article 3) in advance in order to use the Service. There are several different types of Products depending on the size of the SIM card in the Product. The Subscriber to the Service shall be required to select the Product containing a SIM card that fits into the Terminal of the Subscriber to the Service at his/her own responsibility.
Article 2. (Revision of the Terms of Service)
Our Company can revise all or part of the Terms of Service by providing a prior notice of a predetermined period to the Subscribers of the Service (the definition is stipulated in Article 3) through the means as predetermined by Our Company. If the Subscriber of the Service continues to use the Service after the said revision, such use shall be deemed agreement by the said Subscriber of the Service to the said revision.
Article 3. (Definition of Terms)
The terms used in the Terms of Service and their definitions are stipulated in the following respective items:
(1) “The Service Contract” refers to the contract to accept the provisions of the Service from Our Company, and the Terms of Service is its contents.
(2) “Subscriber(s) to the Service” shall refer to a party who has concluded a Service Contract with Our Company based on the Terms of Service
(3) “Terminal of the Subscriber of the Service” refers to the device, such as the smartphone terminal, tablet terminal and the router, to connect to these terminals that the Subscriber of the Service uses to use the Service.
(4) “SIM card” refers to the IC card that needs to be inserted into the smartphone terminal or the tablet terminal among the terminals of the Subscriber of the Service in order to use the Service and is contained in the Product.
(5) “Additional Charge” refers to an option service to increase the maximum data capacity for transmission and receipt by the Subscriber to the Service with incremental capacity of 1GB, based on that which is indicated in Article 9.2, and to extend the period of validity until the expiry of the period as determined per plan from the date upon which such Service is available. In order to use an Additional Charge, the Subscriber must separately make an application as prescribed in the Terms of Service to the Company and pay to us the applicable fees pursuant to these Terms of Service.
Chapter 2. Available Area and Conditions of Use of the Service
Article 4. (Available Area of the Service)
The Service can be used only in the areas in Japan, which are separately stipulated by Our Company.
Article 5. (Conditions of Use of the Service)
If you wish to use the Service, it is necessary to apply for a Service Contract in accordance with Article 7 within the period of validity as determined per plan, which starts on the date of purchase of the Product containing a SIM card for the use of the Service.Upon the expiry of such period of validity, you may no longer be entitled to apply for the commencement of the Service.
2 The Service does not guarantee the maximum communication speed and the communication speed that is actually available will be reduced due to the conditions of the communication equipment, terminal of the Subscriber of the Service, wiring, etc., interference with other lines, line congestion, location of the terminal of the Subscriber of the Service, etc.
3 Our Company can limit the communication traffic volume and communication speed if the Subscriber of the Service continuously generates the traffic volume that exceeds Our Company’s predefined reference within a certain period of time and if the fairness among the Subscribers of the Service needs to be secured. Our Company separately stipulates the details of the said limitation.
4 Our Company may preform separately stipulated communication data optimization to speed up display speed for packet communication.
5 The Subscriber of the Service must prepare the Terminal of the Subscriber of the Service at his/her own expense and at his/her own responsibility. Some models of smartphone terminals and tablet terminals cannot use the Service. The Subscriber of the Service shall select a model that can use the Service from the models that have been approved or certified by the Japan Approvals Institute for Telecommunications Equipment (JATE) or the models that have received the certification of conformance to technical standards from the Telecom Engineering Center (TELEC) at his/her own responsibility.
6 The Subscriber of the Service must not allow others to use the Service and must not use the Service for purposes other than the purpose of personal use.
Article 6. (Commencement Date of the Service)
The date on which Our Company commences the Service (hereinafter referred to as the “Commencement Date of the Service”) is the day when the Service Contract is concluded in accordance with Article 8.
Chapter 3. Contract
Article 7. (How to Apply for the Contract)
The application for the Service Contract shall be conducted in accordance with Our Company’s predefined method (including declaration of Our Company’s predefined items) by the individual or entity who will submit an application (hereinafter referred to as the “Applicant”) after the said Applicant agrees to the Terms of Service.
2 Minors cannot submit an application for the Service Contract.
Article 8. (Conclusion of the Service Contract)
The Service Contract will be concluded when Our Company agrees to accept the application predefined in the preceding article. Whether to accept the application will be at the complete discretion of Our Company, and Our Company is not required to explain the reason to the Applicant if the application is not accepted.
2 Even if the Service Contract is not concluded, the money paid for the Product that was purchased in order to use the Service shall not be refunded.
Article 8.2 (Terms Regarding Purchase of Product)
During the course of the application procedure for the Service Contract, when a Product is unable to be delivered to an Applicant at the delivery destination of the Product nominated by the Applicant for reasons attributable to the Applicant or in any other case where the Applicant fails to accept the Product, Our Company will hold such Product for the maximum of seven (7) days calculating from the delivery date initially nominated by the Applicant. In such case, Our Company may charge the Applicant a storage fee, redelivery fee and any other costs for the Product.
2 When the Applicant fails to receive the Product within the aforementioned period, Our Company may terminate the Sales Agreement for the purchase of the Product by the Applicant. In such case, Our Company shall be released from the obligation to deliver such Product and shall be entitled to claim against such Applicant the storage fee described in the preceding Clause as well as a penalty charge of the amount equivalent to the price of such Product.
Article 9. (Period of Validity of the Service Contract)
The Service Contract is valid for the period of validity as determined per plan, which starts on the date when the Service Contract is concluded based on the preceding article. The Subscriber of the Service will not be able to use the Service after the expiration of the Service Contract.
2 Notwithstanding the foregoing, if you are entitled to an Additional Charge pursuant to Article 10, the period of validity of the Service Contract will be extended until the expiry of the period of validity as determined per plan from the date upon which such Service is available pursuant to Article 10(3) hereof.
3 Notwithstanding the foregoing first paragraph of this Article 9, after the accumulated capacity data for transmission or reception by you through the Service reached the maximum data capacity as separately determined by us according to the category of the Service hereunder, during the period of validity as provided in the foregoing, you will no longer be entitled to use the Service. “unlimited (3 days)” or “unlimited (7 days),” you may continuously use such Service during the period of validity as determined under the preceding paragraph even if the cumulative volume of transacted data has reached the maximum capacity separately determined by Our Company, provided that the downstream communication speed will be restricted to 128 kbps at maximum. If you are entitled to an Additional Charge pursuant to Article 10, after accumulated capacity data for transmission or reception by you through the Service reached the maximum data capacity increased by an Additional Charge, during the period of validity as provided in the foregoing, you will be no longer be entitled to use the Service.
4 Even during the period of validity for the Service under paragraph 1 or 2, each Subscriber to the Service may terminate the Service Contract by permanently ceasing the use of the Service. In no event shall Our Company make any refund of the purchase price of the Product paid by such Subscriber to the Service for the use of the Service, in response to the termination of the Service subscribed by such Subscriber.
Article 10 (Additional Charge)
The Subscriber to the Service subscribing to any plan entitled to use the Additional Charge wishing to use an Additional Charge must make an application to the Company in such manner as determined by us prior to the expiry of the period of validity, and thus any application made after the expiry will be null and void.
2 An amount of an Additional Charge will be charged with a price separately stipulated by our Company. Additional Charge shall be paid solely via credit card issued by such issuer as may be separately designated by the Company. Upon an application pursuant to the foregoing, the Subscriber must identify the capacity you wish to increase on a per GB basis, and submit to us the credit card number, expiry date, and other relevant information for the credit card issued in the name of the Subscriber.
3 Any Additional Charge will become available, if and when an application is accepted by us pursuant to the first paragraph of this Article 10 (which acceptance will be subject to Article 8.1 hereof); provided that the payment of an Additional Charge via your credit card will be approved by an issuer after it looked into your credit history.
4 Upon the expiry of the period of validity of this Contract or extended period thereof by reasons of termination of this Contract pursuant to Article 11 as set forth below, or terminal of this Service or an Additional Charge pursuant to Article 20 hereof, even if the maximum data capacity under the Service (whether increased by an Additional Charge or not), is not exhausted by the Subscriber, no amount of the Additional Charge will be refunded by the Company to the Subscriber.
5 If an application is offered by you pursuant to the first paragraph of this Article 10, you hereby agree to transfer any amount owed to the Company for an Additional Charge to an issuer that issued to you a credit card for which you submitted the application pursuant to the third paragraph of this Article 10.
Article 11. (Termination of Contract)
If the Subscriber of the Service corresponds to any of the following, Our Company can terminate the Service Contract or suspend the Service without prior notice to the said Subscriber of the Service.
(1) If it is found that the said Subscriber declared false items to Our Company when applying for the Service Contract
(2) In the case of a breach of any provision of the Terms of Service or if any provision of the Terms of Service may be breached
(3) If the said Member performs an act that adds an excessive load to the equipment or line used for providing the Service and that poses a problem for the operation of the said equipment or line
(4) If it is found that the said Subscriber used the Service using a smartphone terminal or a tablet terminal that has not been approved or certified by the Japan Approvals Institute for Telecommunications Equipment (JATE) or has not received the certification of conformance to technical standards from the Telecom Engineering Center (TELEC)
(5) In addition to the preceding item, if the said Member performs an act that Our Company determines will pose a significant technical problem or a significant problem for the execution of our operations
2 Even if the Member of the Service incurs damage due to the termination of the Service Contract or suspension of the Service based on the preceding item, Our Company assumes no responsibility.
Article 12. (Discontinuation of the Provision)
If maintenance or construction work is to be conducted for the equipment or line used for the provision of the Service, if any failure occurs to such line, or if it is absolutely necessary, Our Company may discontinue the Service to the Subscribers of the Service without prior notice to the Members of the Service.
2 Even if the Subscribers of the Service incur damage due to the discontinuation of the Service due to Paragraph 1 above, Our Company assumes no responsibility.
Chapter 4. Obligations of the Subscribers of the Service
Article 13. Obligations of the Subscribers of the Service
The Subscribers of the Service shall not conduct any of the following acts by using the Service:
(1) An act of infringement or an act that may infringe the intellectual property rights, such as copyright or trademark rights, of Our Company or others
(2) An act of infringement or an act that may infringe the property, privacy, or portrait rights of others
(3) An act to unduly discriminate, defame and disparage, insult others, encourage undue discrimination against others, or damage the reputation or credit of others
(4) An act that leads to or is highly likely to lead to a crime, such as fraud, child-sex trade, illegal deposit and savings accounts, and illegal mobile phone trading.
(5) An act to transmit or display images, movies, sound, or documents that correspond to obscenity, child pornography, or child abuse; an act to sell, transmit, or display the media in which these are included; or an act to display or transmit advertisements that evoke such sales
(6) An act that leads to or is highly likely to lead to a drug-related crime, abuse of controlled substances, an act to publicize unapproved or expired drugs, or an act to sell drugs for which the sale on the Internet is prohibited
(7) An act to publicize money loans without registering to operate a moneylending business
(8) An act to establish an endless money chain (pyramid scheme) or solicit this
(9) An act to craft or delete information accumulated in the equipment of Our Company or Docomo
(10) An act to use the Service by pretending to be another person
(11) An act to transmit or post harmful computer programs, such as viruses
(12) An act to transmit advertisements, commercials, or email solicitations to others without prior consent or an act to send e-mails that inspires or may inspire a feeling of disgust in others
(13) An act to pose a problem for or may pose a problem for others’ equipment or the use or operation of the equipment used for the Internet connection services
(14) An act involving illegal gambling or an act to solicit participation in illegal gambling
(15) An act to undertake, intermediate, or induce (including requesting to others) illegal acts (such as transfer of handguns, manufacture of illicit explosives, provision of child pornography, forgery of official documents, murder, or threats)
(16) An act to transmit to a large group of people information or images intended to shock, such as images of a homicide scene, information or images of killing and/or abusing animals, or the information that inspires a feeling of disgust in others under existing social standards
(17) An act to induce or solicit others to commit suicide or an act to introduce methods of committing suicide in which others may be threatened
(18) An act to add a link with the mode of or aim to encourage an act that corresponds to any of the preceding Items knowing that the said act corresponds to any of the preceding Items
(19) An act to encourage a large group of people to post information that leads to or is likely to lead to crimes and illegal acts or information that unduly defames, disparages, and insults others and violates their privacy
(20) An act to resell the Service or the Product for their own benefits
(21) An act that Our Company determines as offensive to public order and morals or infringes the rights of others
2 If an act of making a post or posting any information or data on the website, blog or internet website, etc., operated by Our Company (“the Website of Our Company”) that the Subscriber of the Service commits by using the Service falls under any of the items in the preceding paragraph or is considered by Our Company to be inappropriate for the operation of the Website of Our Company or the Service, Our Company may delete such post, information or data from the Website of Our Company without notice to the said Subscriber and without the consent of the said Subscriber. Our Company shall not be liable for any damages incurred by the said Subscriber due to such deletion.
3 If there is any discrepancy between any rules or provisions regarding the use of the Website of Our Company stipulated separately by Our Company and the provisions stipulated in the preceding paragraph, the provisions in the preceding paragraph shall prevail.
4 The Subscriber of the Service must assume sole responsibility for the use of the Service and the outcome thereof. If any third party (including other Subscribers of the Service) gives a warning, files an objection or a lawsuit, or makes other claims (including those against Our Company) (“Claims”) for damages incurred by such third party arising in connection with the use of the Service by the Subscriber of the Service, the said Subscriber of the Service must resolve the Claims at his/her own expense and at his/her own responsibility, and indemnify and hold Our Company harmless from and against the Claims.
Chapter 5. Usage Fee for the Service
Article 14. (Usage Fee for the Service)
The Use fee for the Service is included in the purchase price of the Product used for the Service.
Chapter 6. Lending of the SIM Card
Article 15. (SIM Card)
The SIM card that is contained in the Product purchased by the Subscriber of the Service is the card that NTT DOCOMO, Inc. lends to Our Company and Our Company lends to the said Subscriber of the Service.
2 The ownership of the SIM cards belongs to NTT DOCOMO, Inc.
3 The Subscriber of the Service must use the SIM card with the care of a good manager.
4 The Subscriber of the Service must not lend, assign, or dispose of the SIM card.
5 If the Subscriber of the Service loses the SIM card, Our Company shall not reissue a SIM card. The same shall apply to the case of failure of the SIM card.
6 The Subscriber of the Service must promptly return the SIM card to Our Company by the method designated by Our Company upon request of Our Company when the Service Contract is terminated.
7 When returning the SIM card, the Subscriber of the Service must preliminarily delete programs and data included on the SIM card at his/her own responsibility. If the card is returned to Our Company without deleting all information on the card, Our Company assumes no responsibility for leakage of the said programs and data and can freely dispose of the said programs and data.
8 The Subscriber to the Service must not take the SIM card out of Japan.
Chapter 7. Miscellaneous Provisions
Article 16. (Restriction of Liability)
The Subscriber to the Service will use the Service or an Additional Charge at his/her own responsibility. If the Subscriber to the Service suffers damage associated with and in connection with the Service, Our Company assumes no responsibility unless it is caused by Our Company’s intention or gross negligence.
Article 17. (Unguaranteed)
Our Company does not guarantee the Service or an Additional Charge and the SIM card including the guarantee of conformity to the purpose of use by the Subscriber to the Service and the guarantee of communication speed.
Article 18. (Export Control)
The Subscriber of the Service must not transmit the technology or technical information outside of Japan using the Service and must not transmit to non-residents of Japan without obtaining the necessary permission from the Japanese government or related government of another country.
2 Each Subscriber to the Service hereby represents and warrants to Our Company that it is not a resident or citizen of any country prohibited from receiving any Product or Service under the Foreign Exchange and Foreign Control Trade Act of Japan or any other applicable law of Japan or other countries, and also that it is not prohibited from receiving such Product or Service.
Article 19. (Handling of the Subscriber Information, etc.)
The Subscriber to the Service or an Additional Charge hereby agrees that Our Company uses items declared to Our Company at the time when the said Subscriber to the Service applies for the Service Contract (hereinafter referred to as the “Subscriber Information”) within the scope determined in each of the following Items:
(1) Providing the Service.
(2) Disclosing to an issuer as set forth in Article 10.5 any information relating to the Subscriber in order to collect payment for an Additional Charge.
(3) Conducting the questionnaire or interview by phone to the Subscriber of the Service who did not send the answer to Our Company by mail by the deadline predefined by Our Company when Our Company conducted the written questionnaire for the Subscribers of the Service.
(4) Consigning the handling of the Subscriber Information to the consignee of the operation upon taking safety management measures with the purpose of consigning the operation necessary to attain the purpose of use in the case of the first and third paragraph of this Article 19.
Article 20. (Change or Abolition of the Service or Additional Charge)
Our Company can change, add, or abolish all or part of the Service or an Additional Charge. The provision of Article 2 will apply mutatis mutandis to this case.
2 Even if the Subscriber to the Service suffers damage caused by the change, addition, or abolition of all or part of the Service or an Additional Charge by the preceding paragraph, Our Company assumes no responsibility.
Article 21. (Handling of the Terminal of the Subscriber of the Service and SIM card)
The Subscriber of the Service must maintain and manage at his/her own expense and at his/her own responsibility that the terminal of the said Subscriber of the Service and SIM card operate properly when using the Service.
Article 22. (Prohibition of Use in the Radio Business)
The Subscriber of the Service must not make the Service available for the radio business (refers to the telecommunications business involved in the public wireless LAN accessing service, mobile phones, or PHS as stipulated in the enforcement regulations of the Telecommunications Business Act) to be conducted by the said Subscriber or another electronic communications company.
Article 23. (Governing Laws and Judicial District)
The governing laws of the Service Contract and the Terms of Service are the laws of Japan, and the Service Contract and the Terms of Service are interpreted based on the laws of Japan.
2 In the case of bringing an action in court for any dispute arising out of a matter related to the Service Contract or the Terms of Service, the Tokyo District Court in Japan will be the exclusive court of competent jurisdiction in the first instance.
Article 24. (Language)
For the Terms of Service, only the one prepared in Japanese is the original copy and binds Our Company and the Subscriber of the Service. If the translation in a language other than Japanese is prepared for the Terms of Service, the said translation is only for reference and is not binding on Our Company and the Subscriber of the Service.
A Supplementary Provision
The Terms of Service will be implemented on April 1, 2020.