povo Data Oasis Terms for Japan SIM
Terms of Use
Article 1 (These Terms)
The terms and conditions for customers using "povo Data Oasis" (hereinafter referred to as "the Service"), provided by KDDI Corporation and Okinawa Cellular Telephone Company, Ltd. (hereinafter collectively referred to as "the Company"), shall be as stipulated in these Terms of Use (hereinafter referred to as "these Terms"). You must agree to these Terms to use the Service.
Article 2 (Service Details)
- 1. The Service involves the Company obtaining location information (latitude and longitude measured by GPS, etc.) from the customer's device (meaning the customer's smartphone or other device specified separately by the Company as compatible with the Service) by acquiring the location information (latitude and longitude measured by GPS, etc.) of the customer's terminal (meaning a smartphone or other device designated separately by the Company that is compatible with the Service) through a web browser (meaning an application viewable on a website provided by another company and designated by the Company).
- 2. There is a limit on the number of times data can be added.
- 3. For details on the content and terms of this service, please refer to
our website at
.
Article 3 (Changes, Termination, etc.)
The Company may amend these Terms at its discretion if any of the following applies. When amending these Terms, the Company shall notify users of the effective date and content of the amended Terms via posting on the Company website or other appropriate means. In such cases, the terms and conditions for providing the Service shall be governed by the amended Terms.
- (1) When the change is in the general interest of users.
- (2) When the change does not conflict with the purpose of providing the Service and is reasonable considering the necessity of the change, the appropriateness of the revised content, and other circumstances related to the change.
Article 4 (Posting of These Terms)
- 1. These Terms shall be posted on the website separately designated by the Company. Any amendment to these Terms shall take effect from the time the amended Terms are posted on said website in a manner accessible for viewing by the User Agreement holder.
- 2. The terms and conditions
for providing the Service
and published by the Company on its website shall constitute a part of these Terms.
- 3. In the event of any discrepancy between the content of these Terms and the conditions and rules for provision, or other descriptions of the Service outside these Terms as stated in the preceding paragraph, the provisions of these Terms shall take precedence.
Article 5 (Handling of Customer Information)
- 1. When using the Service, the Customer must permit the use of location information (latitude and longitude measured by GPS, etc.) via a web browser.
- 2. The Company shall use the location information (latitude and longitude measured by GPS, etc.) obtained based on the preceding paragraph within the scope necessary for the operation and management of the Service (including cases where it is provided to KDDI Digital Life Corporation (hereinafter "KDL") and Circles Asia Pte. Ltd. (hereinafter "Circles.Life"), which are the Company's business contractors). The Company shall not provide location information (latitude and longitude measured by GPS, etc.) to third parties without the Customer's consent.
- 3. In addition to the provisions of Paragraph 1, the Company shall handle the personal information of customers acquired in connection with the provision of this Service appropriately in accordance with the "povo2.0 Communication Service Contract Terms and Conditions" and the "Privacy Policy" separately published by the Company.
Article 6 (Service Fees)
This Service is free of charge. However, any communication fees incurred while using this Service shall be borne by the customer.
Article 7 (Compliance Matters)
When using this Service, the customer shall comply with the obligations set forth in the following items. In the event that the customer violates any of the obligations set forth in the following items and a dispute arises with a third party, the customer shall handle and resolve such dispute at their own responsibility and expense.
- (1) The content set forth based on Article 6, Paragraph 1 shall contain no falsehoods or omissions.
- (2) Not to use the Service in a manner that infringes upon or is likely to infringe upon the privacy or other rights and interests of third parties.
- (3) Not using the Service for commercial purposes (meaning the Customer directly seeks monetary or other commercial benefits using the Service as a means).
- (4) Not to remove or alter any product labels, copyright notices, other cautionary statements, or restrictions based on property rights pertaining to the Service or the software, documents, data, images, logos, etc. used in the Service (hereinafter collectively referred to as the "Service, etc.").
- (5) Not to reproduce, distribute, publicly transmit, modify, translate, adapt, or create derivative works of the Service, etc.
- (6) Not to transfer, sell, assign, or otherwise dispose of the Service, etc. to any third party without our prior written consent.
- (7) Not to allow any third party to use the Services, etc., by sublicensing, lending, or any other method, regardless of the method , without our prior written consent.
- (8) Not to reverse engineer, decompile, or disassemble the Service, etc.
- (9) Not to use the Service by tampering with data using emulators or other non-genuine software.
- (10) Do not engage in any acts that interfere with the operation of the Service by the Company, damage the Company's credibility, or pose a risk of doing so.
- (11) Do not engage in acts that violate laws, regulations, or public order and morals, or pose a risk thereof.
- (12) Do not engage in any acts that violate these Terms of Service or other rules concerning the Service established by the Company.
- (13) In addition to the foregoing, not to infringe upon, restrict, or interfere with the rights of the Company or any third party, or engage in any act that may pose such a risk.
- (14) Not to transfer or assign your status under these Terms or any rights or obligations based on these Terms to a third party.
Article 8 (Usage Precautions and Warnings)
- 1. Customers shall use the Service at their own risk after understanding the contents of these Terms.
- 2. The provision and content of the Service may be changed without notice to the Customer.
- 3. The Company may, at its discretion and without notice to the Customer, temporarily suspend or interrupt the provision of all or part of the Service in any of the following cases:
- (1) When urgent inspection or maintenance work on the systems related to the Service is necessary
- (2) When the operation of the Service becomes impossible due to computer or communication line failures, customer operations, excessive access concentration, unauthorized access, hacking, etc.
- (3) When the operation of the Service becomes impossible due to force majeure such as natural disasters
- (4) When the Company reasonably determines that suspension or interruption is otherwise necessary
Article 9 (Intellectual Property Rights)
- 1. All intellectual property rights and any other rights related to this Service and other matters shall belong to the Company or third parties.
- 2. Customers must use the Service without infringing upon the rights described in the preceding paragraph.
Article 10 (Suspension of Service Use, Termination of Service Provision)
The Company may suspend the provision of the Service to a Customer if the Customer violates these Terms. The Customer shall not use the Service from the date of such suspension.
Article 11 (Disclaimer of Liability)
- 1. The Customer hereby agrees in advance that the Company makes no warranty whatsoever regarding the accuracy, convenience, usefulness, completeness, or any other aspect of the Service.
- 2. The Company shall not be liable for any damages incurred by the Customer in connection with the Service, except as expressly provided in these Terms, unless such damages result from the Company's intentional misconduct or negligence.
- 3. The Company shall not be liable for any damages arising from the loss, damage, or alteration of data stored on the Customer's dedicated terminal or other devices in connection with the provision of the Service, unless such damages result from the Company's intentional act or negligence.
- 4. The Company shall not be liable for any damages incurred by the Customer due to force majeure or other causes beyond the Company's control.
- 5. The Company does not promise continuous provision of the Service. The Company may terminate part or all of the Service at its convenience without prior notice or notification to the Customer, and the Customer hereby agrees to this in advance.
- 6. The Company shall not be liable for any damages incurred by the customer arising from the suspension, termination, or discontinuation of the Service, unless such damages result from the Company's intentional act or negligence.
Article 12 (Confidentiality)
The Customer shall treat as confidential any non-public information disclosed by the Company to the Customer in connection with the provision of the Service and requested to be kept confidential, except where the Company has given prior written consent.
Article 13 (Communication/Notification)
Notifications or communications from us to you regarding this Service shall be made based on the subscriber contact information associated with your povo2.0 contract or by other methods specified by us.
Article 14 (Governing Law)
The governing law for these Terms shall be the laws of Japan.
Article 15 (Agreed Jurisdiction)
Any dispute arising in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.