Smartphone Gigatrade Terms of Use

KDDI Corporation (hereinafter referred to as "our company") provides "Smartphone Gigatrade" (hereinafter referred to as "this service") to customers in accordance with the Smartphone Gigatrade Terms of Use (hereinafter referred to as "these terms"). If you wish to use this service, you must agree to these terms. If you do not agree to these terms, you will not be able to use this service. In addition to these terms, various terms, notices, guidelines, etc. established by our company (hereinafter collectively referred to as "individual terms") will also apply when using this service.

Article 1 (Definition)

The definitions of terms used in these Terms and Conditions shall be as set forth in the following items. Definitions of terms not specifically set forth in these Terms and Conditions shall be in accordance with the individual terms and conditions.

(1) Mobile phone terminals
Terminal products designated by our company for using telecommunications services (smartphones, tablets, etc.)
(2) Contractor
Customers who enter into a contract with the Company regarding the use of this service based on these terms (hereinafter referred to as the "Agreement").
(3) The Product
Among the models eligible for purchase under this service, the mobile phone terminal owned by the customer that the customer wishes to purchase
(4) Models eligible for purchase
Mobile phone terminals that are eligible for this service as specified by our company
(5) Affiliated business operators
Businesses to which the Company entrusts all or part of the Service in order to provide the Service
(6) Our Group
Collectively, this refers to our parent company, subsidiaries, and affiliates.
(7) This Site
Website used to apply for this service
・ Introduction page
・ Application page
(8) Trade Code
A code exclusive to this service that can be exchanged for data capacity available on povo2.0

Article 2 (Service Overview, etc.)

1. The Company will provide trade codes in accordance with the purchase criteria separately determined by the Company, on the condition that the Company purchases the Products owned by the Contractor.
2. Before applying for the Service, you shall agree to these Terms and Conditions, individual terms and conditions, and any other conditions necessary for applying for the Service that we may present to you via our website or other means (collectively referred to as the "Terms and Conditions, etc.").

Article 3 (Application conditions)

1. When applying to use the Service, you must satisfy the application conditions set out below at the time of application.
- (1) You must be a resident of Japan and be 18 years of age or older.
- (2) You have not used this service for more than five devices eligible for purchase (excluding the product in question) within the past year from the time of application for this service.
- (3) The device you are applying for must be a model eligible for purchase.
- (4) Other matters stipulated by the Company in its terms and conditions, etc.
2. Even if you meet the application conditions set forth in the preceding paragraph, we may refuse your application to use the Service if you fall under any of the following categories:
- (1) If documents required by the terms and conditions are not submitted, if the submitted documents contain false information, or if there are procedural irregularities
- (2) If you have neglected or are at risk of neglecting to pay your debts to us
- (3) If the customer has violated the terms and conditions, regulations, etc. related to the services that our company provides or has provided.
- (4) If the customer has violated the terms and conditions, regulations, etc. of the services provided or previously provided by our group.
- (5) Any other case where the Company determines that the provision of the Service is inappropriate for any reasonable reason.

Article 4 (Contract Formation)

1. When the Company receives an application for use of the Service from a Customer in accordance with a method separately specified by the Company, the Company will examine the application in accordance with the standards specified by the Company, and if the Company determines that the application is appropriate and satisfies the application conditions set forth in the preceding article, the Company will deem that the application to be valid at that time under these Terms and Conditions has been made.
2. When the Company receives the Product and determines the assessed price in accordance with Article 6, Paragraph 13, the application in the preceding paragraph shall be deemed to have been accepted by the Company, and this Agreement shall be established.

Article 5 (Customer Warranty)

When applying to use this service, you guarantee that you have ownership of the product and that you are not infringing the rights of a third party.

Article 6 (Customer Agreement)

You agree in advance to the following items regarding this product:

(1) Once the Product has been shipped to us, you may not cancel your application for this Agreement or request the return of the Product, regardless of the cause or reason.
(2) Ownership of the Product will be transferred to us at the time we receive the Product (or, if delivered by mail, at the time of delivery to the mail carrier). However, if this Agreement is terminated in any way stipulated in this Agreement and the Product is returned to you, ownership of the Product will be transferred back to you.
(3) After the conclusion of this Agreement, we may, at our discretion, dispose of the Product, reset the internal data, or reuse or sell the Product to a third party.
(4) You are responsible for transferring and deleting data stored in the Product (excluding data that was stored at the time of return and cannot be deleted by you). (After the Product is collected, the data stored in the Product will no longer be available, so please be sure to back up any necessary data.) Please note that we do not back up deleted data. Furthermore, we cannot accept any compensation for damages caused by data deletion, whether performed by us or by the customer.
(5) If you are using the "Smartphone Digital Certificate Function" with this product, you will need to complete the revocation procedure yourself before sending us your device. Please complete the necessary procedure from My Page in the My Number Portal app before initializing your device. For details on the procedure, please refer to the My Number Portal Operation Manual below.
https://img.myna.go.jp/manual/sitemap.html
If you have any questions about the smartphone digital certificate, please contact the My Number general toll-free number at 0120-95-0178 (weekdays 9:30-20:00, weekends and holidays 9:30-17:30). Please note that we are not responsible for the implementation or content of the procedure, or any damages caused to customers as a result of it.
(6) If the Product is an Osaifu-Keitai, the IC card's unique number may be disclosed to all Osaifu-Keitai compatible service providers (your name, address, usage details, etc. will not be disclosed).
(7) You must cancel or transfer any applications or services you have used with this product yourself. We will not be liable for any damages incurred as a result of you failing to cancel or transfer your applications or services.
(8) If the purchase price of the Product remains unpaid or there are remaining installment payments, only the ownership of the Product will be transferred to our company, and you will continue to make payments on any debts related to the Product even after the ownership of the Product has been transferred to our company.
(9) If you deliver to us any items other than the Products, etc. designated by our company (hereinafter referred to as "Items, etc."), we will assume that you have waived all ownership and other rights to such Items, etc., and we may discard or dispose of such Items, etc. at our discretion, and you will not object to this. We will not be liable to you for the handling or return of such Items, etc. and information contained in such Items, etc., except in cases where such responsibility is attributable to our company.
(10) We will request a mailing service or other service provider to collect the Product from the address you specified when applying for the Service (hereinafter referred to as the "Application Address") to which you wish to receive the Product. Please note that we may refuse your application for the Service if any of the following conditions apply.

(a) If any of the information at the time of application differs from the address, name, or date of birth stated on the identity verification document submitted by the customer to the Company when applying to use the Service.
(b) If your identification document has validity
(c) If the documents submitted to us at the time of this application are not recognized as identity verification documents.

(11) The Customer must hand over the Product to the postal service or other carrier requested by the Company to collect the Product within 14 days of applying to use the Service.
(12) In principle, the shipping costs for the Products delivered by the method specified by our company, such as a shipping kit, shall be borne by our company. However, if you send the Products by a method other than that specified by our company, you shall be responsible for the shipping costs for such delivery.
(13) After receiving the Product, we will reassess the product in accordance with our separately determined standards and determine the assessed amount. If any of the following conditions apply, the assessment result may change from the time of application.

(a) If the condition of the Product you declared when applying for this Agreement differs from the condition of the Product you received.
(a) If the model declared when applying for this Agreement is different from the model received by us (if a model different from the declared model is received, the model received will be deemed to be the model applied for as the subject of this Service).
(c) If the Product arrives at the address specified by our company more than 14 days after the date of application for this Agreement.

(14) Even if the appraisal result in the preceding paragraph changes, your application cannot be canceled, and this Agreement will be concluded at the time when we determine the appraisal amount. However, if the appraisal amount is 0 yen or the device received in the preceding paragraph (a) is not a model eligible for purchase in this case, we will not accept your application and will return the product to you.
(15) If it is determined that the Product does not meet the conditions set forth by our company (including, but not limited to, products that cannot be initialized by our company, products whose serial number (IMEI, etc.) cannot be confirmed, products that cannot be turned on, products whose various locks (screen lock, activation lock, etc.) have not been removed, modified products, overseas versions of products, products that have been stolen or lost, and products that are subject to network usage restrictions), our company will terminate this Agreement and return the Product to you.
(16) You must disable the "Find My Product" feature and cancel your Google Account. If you mail the Product to us with the "Find My Product" feature enabled, we will terminate this Agreement and return the Product to you.
(17) If we do not accept your application, or if this Agreement is terminated, or if the purchase is not completed, we will return the Product to you at our expense.
(18) Except for reasons attributable to our company, if the customer is unable to receive the returned Product (including, but not limited to, incomplete notification by the customer, accidents during delivery, or an unknown address due to moving, etc.), our company shall not be liable for any such cases. If the customer is unable to receive the returned Product within the delivery company's storage validity and the Product is returned to our company, our company shall consider that the customer has abandoned ownership of the Product and shall take measures such as disposal at our discretion, and the customer shall not object to this.
(19) When returning the product to you, we will only return the product to you.

Article 7 (Assignment of Trade Code)

After the conclusion of this Agreement, the Company will grant the Subscriber a trade code equivalent to the purchase price of the Service as separately determined by the Company by a date separately determined by the Company. Furthermore, the Company shall not be liable in any way if the Subscriber is unable to receive the trade code or is unable to use the trade code granted, except for reasons attributable to the Company.

Article 8 (Information from our company)

1. When we receive an application from you to use the Service or when we provide you with the Service, we may send you emails or short messages to the mobile phone number or email address that you have registered with us.
2. The customer shall be responsible for any communication charges incurred in receiving emails sent by the Company to the customer pursuant to the preceding paragraph, as well as any other communication charges incurred in applying for or using the Service.

Article 9 (Use of Personal Information)

In addition to handling your personal information (meaning information that can identify you by comparing it with other information) obtained in the course of providing this service in accordance with our separately established "Privacy Policy," we may provide your personal information to third parties, such as our partner businesses, to the extent and for the purpose necessary to provide this service.

Article 10 (Prohibited matters)

In relation to the use of the Service, the Customer and the Contractor shall not engage in any of the following acts or acts that may be deemed to be any of the following acts:

(1) Any act violating the terms and conditions
(2) Any act that violates laws and regulations
(3) Providing false information when applying for the Service
(4) Any act that places an excessive burden on the servers, computers, etc. used in the Service
(5) Using, creating, selling, or otherwise engaging in any tools that affect the Service
(6) Sending or distributing harmful programs such as computer viruses to our company, our group, affiliated businesses, or other third parties.
(7) Disassembling, decompiling, reverse engineering, or otherwise analyzing the Service, including the Site.
(8) Any act of falsifying or deleting information that may be used through the provision of the Service
(9) Leaking information obtained through the Service to a third party
(10) Any act that infringes the intellectual property rights, property, privacy or portrait rights of the Company or any third party.
(11) Using stolen or modified products as the Products
(12) Impersonating a third party to use the Service
(13) Any act that may lead to a crime such as fraud
(14) Providing benefits to antisocial forces or other acts of cooperation
(15) Reselling trade codes
(16) Using the Service for fraudulent purposes
(17) Any act violating the provisions of a separate communications contract concluded with the Company.
(18) Any act that damages the reputation or credibility of the Company, the Company Group, or a third party, or any act that interferes with the business of the Company
(19) Any act of encouraging, coercing, aiding or abetting any of the acts listed above.
(20) Any other act that is prohibited by the Company or that the Company deems inappropriate based on reasonable grounds.

Article 11 (No Trade Codes)

If any of the following applies, the Company will not grant a trade code to the Subscriber.

(1) If this Agreement is not concluded after application or if this Agreement is terminated
(2) If the Contractor fails to fulfill its obligations to the Company or its Group within the due date.
(3) If the contractor violates any of the terms and conditions.
(4) Any other case in which the Company reasonably determines that the information is inappropriate.

Article 12 (Risk Allocation)

The responsibility for loss, damage or other damage (hereinafter referred to as "risk") to the Product due to reasons not attributable to our company or the customer shall be as follows:

(1) The risk of the Product from the time of delivery by the Customer (or from the time of receipt by the Company at the location designated by the Company in the case of delivery by mail) shall be borne by the Company. In this case, the Company shall not be relieved of its obligation to assign a trade code even if the Product is lost or damaged.
(2) Before the Customer delivers the Product under the preceding paragraph, or if the Company returns the Product to the Customer, the risk after delivery (including delivery by mail) shall be borne by the Contractor. In this case, the Customer may not claim compensation from the Company for any loss or damage to the Product.

Article 13 (Force majeure)

Neither the Company nor the Customer or Contractor shall be liable to the other party for any failure or delay in performance of its obligations under the Terms and Conditions, etc. due to events beyond its reasonable control (hereinafter referred to as "Force Majeure").

Force majeure includes, but is not limited to, acts of God, acts of any government or governmental agency, compliance with any law, regulation or order, fire, storm, flood or earthquake, war (whether declared or not), rebellion, revolution or riot, or strike or lockout.

Article 14 (Termination of Contract)

1. You may cancel your application for this Agreement in accordance with the method separately specified by our company only if you notify us via this website on the same day you applied for this Agreement.
2. If any of the following applies, the Company may refuse to accept or terminate this Agreement by notifying the Customer or the Contractor.

(1) If the Product falls under any of the items 13 to 16 of Article 6 of these Terms and Conditions.
(2) If the Customer does not hand over the Product to the mailing company or other service provider requested by the Company to collect the Product within 14 days of applying for the Service.
(3) If the product does not arrive at the address specified by our company within 30 days from the date of application for this contract.
(4) If you violate any of the terms and conditions.

Article 15 (Outsourcing of Business)

The Company may outsource all or part of the operations of the Service to a third party without the prior consent of the Customer or Contractor. When outsourcing, the Company shall impose on the outsourcee the same obligations as those assumed by the Company under the terms and conditions, etc.

Article 16 (Changes to Terms and Conditions, etc.)

In accordance with the provisions of the Civil Code, the Company may change the Terms and Conditions. The Company will notify the public of the changed Terms and Conditions and their effective date on this Site, a designated website, or other appropriate means, and the changed Terms and Conditions will take effect when the effective date arrives. The provisions of the changed Terms and Conditions will apply to applications made after the changes have been made.

Article 17 (Termination of the Service)

1. If the Company deems it necessary, the Company may change or terminate all or part of the Service without prior notice.
2. We may, without prior notice, suspend or interrupt the provision of the Service due to force majeure such as maintenance work, system recovery, power outages or natural disasters, or other unavoidable reasons.

Article 18 (Limitation of Liability)

1. Even if a customer or contractor suffers damage due to reasons attributable to our company, our company will only compensate for ordinary and direct damages. Under no circumstances will our company be liable for indirect, special, incidental, or consequential damages, or damages resulting from lost profits or loss of use opportunities, and our company's compensation for such damages will be limited to the amount equivalent to the trade code assigned to the product in question.
2. The provisions of the preceding paragraph shall not apply in cases where the cause is due to our willful misconduct or gross negligence.

Article 19 (Prohibition of Transfer of Rights and Obligations)

Neither the Customer nor the Contractor may transfer or use as security any of their rights or obligations under this Agreement, in whole or in part, to a third party.

Article 20 (Exclusion of Anti-Social Forces)

1. The Customer and the Contractor represent that they do not fall under any of the following items and guarantee that they will not fall under any of the following items in the future.

(1) The person or any of their officers (directors, executive officers or auditors) is a member of an organized crime group (Article 2, Paragraph 2 of the Act on Prevention of Unjust Acts by Organized Crime Members (Act No. 77 of 1991)), a member of an organized crime group (Article 2, Paragraph 6 of the Act on Prevention of Unjust Acts by Organized Crime Members), a person who has been a member of an organized crime group within the last five years, or a person equivalent to any of these, or a person who has a close relationship with an organized crime group or a member of an organized crime group (hereinafter, these are individually or collectively referred to as "organized crime members, etc.").
(2) The business that the person conducts is deemed to be under the control of an organized crime group member, etc.
(3) It is deemed that, in relation to the business that one conducts, one has used the power of a gang member, etc., for the purpose of obtaining unfair financial benefits, or that one has engaged a gang member, etc., for the purpose of using the power of a gang member, etc.
(4) It is recognized that the person is involved in providing funds, favors, or unfair preferential treatment to members of organized crime groups, etc.
(5) The performance of this Agreement will encourage the activities of members of organized crime groups or contribute to the operation of organized crime groups.

2. If the Customer or the Contractor falls under any of the following items, the Company may immediately terminate this Agreement without any notice or warning.

(1) When the preceding paragraph is violated
(2) When the User commits or causes a third party to commit any of the following acts:

(a) Violent demands made against the Company or its subcontractors
(a) Making unreasonable demands that exceed the legal responsibility of the Company or its subcontractors.
(c) Threatening language or violent acts against the Company or its contractors
(D) Spreading rumors or using fraudulent means or force to damage the credibility of the Company or its subcontractors or to interfere with the business of the Company or its subcontractors.
(E) Any other acts equivalent to those listed above.

3. If this Agreement is terminated pursuant to the provisions of the preceding paragraph, the Company shall not be liable to compensate the Customer for any damages incurred by the Customer.

Article 21 (Contact point)

For questions regarding the content of this service or other inquiries regarding the use of this service, please contact our contact point (povo Smartphone Gigatrade Support: povo) as separately specified by our company.

Article 22 (agreed jurisdiction)

If litigation arises between a Customer or Contractor and the Company in relation to the Service or the Terms and Conditions, etc., the governing law shall be the laws of Japan, and the Tokyo District Court shall be the exclusive agreed court of first instance.

Established March 8, 2023
Revised on April 26, 2024