TERMS OF SERVICE
Sea Current Terms of Service
These Terms of Service (these "Terms") set forth the terms and conditions governing the provision of "Sea Current" (the "Service"), a matching service connecting sea taxis and users, provided by Current Mobility Co., Ltd. (the "Company"), together with the respective rights and obligations of the Company and its users. Before using the Service, users must read these Terms in their entirety and agree to be bound by them.
Article 1 (Application)
These Terms are intended to establish the terms and conditions for the provision of the Service and the rights and obligations between the Company and users in connection with the use of the Service, and shall apply to all relationships between users and the Company relating to the use of the Service.
Any rules concerning the use of the Service that the Company publishes on the Company Website or within the Application (each as defined below) shall constitute part of these Terms.
In the event of any inconsistency between the content of these Terms and the rules referred to in the preceding paragraph or any other description of the Service outside of these Terms, the provisions of these Terms shall prevail.
Article 2 (Definitions)
(1) "Service Use Agreement" means the agreement for use of the Service entered into between the Company and a user pursuant to these Terms.
(2) "Intellectual Property Rights" means copyrights (including the rights set forth in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, design rights, trademark rights and any other intellectual property rights (including the right to acquire such rights or to apply for registration thereof).
(3) "User" means any individual or corporate entity that uses the Service.
(4) "Service" means the matching service connecting sea taxis and users provided by the Company under the name "Sea Current" (including any successor service where the name or content of the service is changed for any reason), further details of which are set out on the Company Website or within the Application.
(5) "Company Website" means the website operated by the Company at the domain "www.current-mobility.com/" and "www.sea.current-mobility.com/" (including any successor website where the domain or content thereof is changed for any reason).
(6) "Application" means the smartphone application for the Service that must be installed in order to use the Service.
(7) "Sea Taxi" means a vessel operated on an irregular, on-demand basis at a user's request from the port of departure to the destination, and the related transport service.
(8) "Sea Taxi Operator" means an operator affiliated with the Company that operates a Sea Taxi.
(9) "Carpooling" means the voluntary sharing of a single Sea Taxi by unrelated groups or individuals of their own volition.
Article 3 (Formation of the Service Use Agreement)
A user of the Service may use the Service by agreeing to comply with these Terms and providing the Company with such information as the Company designates, in the manner designated by the Company. Users shall provide the Company with true, accurate and current information in connection with their use of the Service.
The Sea Taxi Operators available to users through the Service shall be limited to the Sea Taxi Operators affiliated with the Company, and users may not select a specific Sea Taxi Operator. Sea Taxi operations shall be provided under the responsibility of the relevant Sea Taxi Operator in accordance with the Marine Transportation Act and other applicable laws and regulations.
Users may use the Service by installing the Application, in the manner designated by the Company, on a device under their own control.
The Service Use Agreement shall be formed when the Company notifies the user, through the Application, that it has accepted the user's request, submitted through the Application in the manner designated by the Company, for a new Sea Taxi boarding reservation or for a Carpooling reservation in respect of an existing reservation.
The Company may decline to enter into a Service Use Agreement where a user falls under any of the following items, and shall have no obligation whatsoever to disclose its reasons for doing so:
(1) Where the Company determines that there is a risk of violation of these Terms or any applicable law or regulation;
(2) Where all or part of the registered information contains falsehoods, errors or omissions;
(3) Where the user is a minor, an adult ward, a person under conservatorship or a person under assistance, and has not obtained the consent of his or her legal representative, guardian, conservator or assistant, as applicable;
(4) Where the Company determines that the user is an Antisocial Force (meaning any organized crime group, member of an organized crime group, right-wing organization, antisocial force or other person equivalent thereto; the same applies hereinafter), or has engaged in any exchange with, or provided cooperation or involvement to, an Antisocial Force, including through the provision of funds or other support for the maintenance, operation or management thereof;
(5) Where the user's registration for use of the Service has previously been revoked;
(6) Where the Company determines that the user has, in the past, breached an agreement with the Company, or is a related party of such a person;
(7) Where the user has previously been subject to the measures set forth in Article 14, Paragraph 1; or
(8) Where the Company otherwise determines that use of the Service by the user is inappropriate.
Article 4 (Provision of the Service)
The content of the Service, including the fees payable for use of the Service (including, without limitation, the types and content of the functions available through the Service), shall be as determined by the Company in these Terms, on the Company Website, within the Application or otherwise.
In providing the Service, the Company may request users to provide information and to respond to inquiries, and users shall cooperate accordingly. The Company shall bear no liability whatsoever for any delay in the provision of the Service resulting from a user's delay in providing such cooperation.
Where the Company determines that a user has violated these Terms or any provision displayed on the Company Website or within the Application, the Company may suspend such user's use of all or part of the Service or take other similar measures. The Company shall bear no liability whatsoever to the user in connection with any such measures.
Article 5 (Boarding Reservations)
Users may, through the Application and in the manner designated by the Company, submit a request for a new Sea Taxi boarding reservation. In doing so, a user may specify whether Carpooling by other users is permitted. Where a user does not permit Carpooling, such user shall pay the Company the prescribed reservation fee.
Users may also select an existing Sea Taxi reservation that permits Carpooling and submit a Carpooling reservation request, provided that this shall not apply where doing so would exceed the applicable passenger capacity.
A boarding reservation (including a Carpooling reservation) shall be formed upon the Company notifying the user, through the Application, that it has accepted the relevant reservation request. Upon formation of the reservation, the obligation to pay the Service usage fee set forth in Article 6 shall arise.
Notwithstanding the preceding paragraph, a user may cancel a boarding reservation by notifying the Company through the Application. Where a reservation is cancelled no later than three (3) days prior to the scheduled date of use of the Sea Taxi service, the obligation to pay the Service usage fee shall be waived. Where a user cancels a reservation within three (3) days prior to the scheduled date of use for reasons attributable to the user, the user shall pay the Company the following cancellation charges, provided that this shall not apply where the Sea Taxi Operator cancels the voyage due to weather conditions, other safety considerations, vessel breakdown, equipment malfunction or similar causes. Where a Sea Taxi Operator cancels a voyage, the user shall be notified accordingly through the Application.
Cancellation between two (2) and three (3) days prior to the date of use: sixty percent (60%) of the Service usage fee / Cancellation on the day before the date of use: eighty percent (80%) of the Service usage fee / Cancellation on the date of use, or failure to board without notice on the date of use: one hundred percent (100%) of the Service usage fee
Where the number of passengers changes after a reservation has been formed, the user must cancel the existing reservation and submit a new reservation; in such case, the cancellation policy set forth in the preceding paragraph shall apply. Where the number of passengers decreases without notice to the Company, the user shall pay the Service usage fee calculated based on the number of passengers at the time the reservation was formed. Where the number of passengers increases without notice to the Company, boarding of the additional passengers shall not be permitted.
Infants under one (1) year of age shall not be included in the number of passengers. A child of one (1) year of age or older shall be counted as one passenger, provided that two (2) children between one (1) and twelve (12) years of age (exclusive) may together be counted as one passenger.
Article 6 (Service Usage Fees)
Users shall pay to the Company, as the usage fee for the Service (including the Sea Taxi usage fee, hereinafter the "Fee"), the amount separately determined by the Company on the Company Website, within the Application or otherwise, and each user agrees to the foregoing.
The method of payment of the Fee under the preceding paragraph shall be as set forth on the Company Website, within the Application or otherwise, and each user agrees to the foregoing. Any charges required for remittance of payment shall be borne by the user.
Article 7 (Management of Account Information)
Users shall, at their own responsibility, strictly manage and safeguard their e-mail address, password and other credentials relating to the Service (collectively, the "Account Information"), and shall not permit any third party to use, lend, assign, rename, sell or otherwise dispose of the same. Users acknowledge that such acts may result in the disclosure of their activity information, based on the Service usage history, to unintended third parties, and the Company shall bear no liability whatsoever in connection therewith.
Users shall be solely responsible for any damage arising from inadequate management of Account Information, errors in use, or use by a third party, and the Company shall bear no liability whatsoever therefor.
Where a user discovers that its Account Information has been stolen or is being used by a third party, the user shall immediately notify the Company and comply with the Company's instructions.
Article 8 (Subcontracting)
The Company may, at its discretion, subcontract all or part of the Service to a third party.
Article 9 (Prohibited Acts)
In using the Service, users shall not engage in any of the following acts:
(1) Infringing the Intellectual Property Rights, rights of publicity, privacy rights, honor or other rights or interests of the Company, other users, external business operators or any other third party (including acts that directly or indirectly give rise to such infringement);
(2) Using the Service for any purpose contrary to its intended purpose;
(3) Engaging in acts related to criminal conduct or acts contrary to public order and morals;
(4) Violating any law or regulation, or the internal rules of any industry association to which the Company or the user belongs;
(5) Transmitting information containing a computer virus or other harmful computer program;
(6) Falsifying information available for use in connection with the Service;
(7) Transmitting data exceeding the data volume prescribed by the Company through the Service;
(8) Engaging in any act that may interfere with the Company's operation of the Service; or
(9) Any other act that the Company determines to be inappropriate.
Article 10 (Suspension of the Service)
The Company may suspend or discontinue the provision of all or part of the Service without prior notice to users in any of the following cases:
(1) Where periodic or emergency inspection or maintenance of the computer systems relating to the Service is carried out;
(2) Where operation of the Service becomes impossible due to failure of computers, communication lines or other systems, operator error, excessive concentration of access, unauthorized access, hacking or similar causes;
(3) Where operation of the Service becomes impossible due to earthquake, lightning, fire, storm or flood damage, power outage, natural disaster, epidemic or other force majeure event;
(4) Where any trouble, interruption or suspension of provision, suspension of integration with the Service, or a specification change occurs in respect of an external service; or
(5) Where the Company otherwise determines that suspension or discontinuation is necessary.
Article 11 (Handling of Information)
Users shall, at their own expense and responsibility, implement security measures appropriate to their respective usage environment for the Service, including measures to prevent computer virus infection, unauthorized access and information leakage.
Even where the Company retains, for operational purposes, messages or other information sent or received by users for a certain period, the Company shall have no obligation to continue to retain such information and may delete it at any time. The Company shall bear no liability whatsoever for any damage arising to a user as a result of such deletion.
When installing the Application, users shall exercise due care to prevent the loss or alteration of information held by the user or the malfunction or damage of any device, and the Company shall bear no liability whatsoever for any damage arising to the user in connection therewith.
Article 12 (Ownership of Rights)
All ownership rights, Intellectual Property Rights and other rights relating to the Application and the Service are vested in the Company or in a person who has granted a license to the Company, and the provision of the Service under these Terms shall not be construed as a transfer or grant of a license of any Intellectual Property Rights or other rights of the Company, or of any person who has granted a license to the Company, relating to the Service.
Users shall not, for any reason, engage in any act that may infringe the Intellectual Property Rights of the Company or of any person who has granted a license to the Company (including, without limitation, disassembly, decompilation or reverse engineering).
Article 13 (Cancellation of the Service Use Agreement)
A user may cancel the Service Use Agreement by completing the procedure separately determined by the Company.
Where the Service Use Agreement is cancelled pursuant to the preceding paragraph, the treatment of the Fee for the Service shall, regardless of the reason for cancellation, be in accordance with the terms separately determined and published by the Company on the Company Website, within the Application or otherwise.
Article 14 (Termination)
Where a user falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the provision of the Service to such user or terminate the Service Use Agreement:
(1) Where the user has delayed payment of the Fee for the Service or has otherwise violated any provision of these Terms;
(2) Where it is found that the registered information contains false facts;
(3) Where the user uses or attempts to use the Service for a purpose or by a method that may cause damage to the Company, other users, external business operators or any other third party;
(4) Where, due to a violation of any external terms of use or for any other reason, the user becomes unable to receive the provision of, or cooperation with, a service from an external business operator;
(5) Where the user interferes with the operation of the Service by any means;
(6) Where the user dies, or is subject to a ruling for the commencement of guardianship, conservatorship or assistance;
(7) Where the user suspends payment or becomes insolvent, or a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation or any similar proceedings;
(8) Where the user fails to respond to an inquiry from the Company requesting a reply;
(9) Where any item of Article 3, Paragraph 4 applies; or
(10) Where the Company otherwise determines that the user's use of the Service, or the continuation of the Service Use Agreement, is inappropriate.
Where a user falls under any item of the preceding paragraph, the user shall automatically lose the benefit of time with respect to all obligations owed to the Company, and shall immediately pay to the Company all such obligations in full.
The Company shall bear no liability whatsoever for any damage arising to a user as a result of any act taken by the Company pursuant to this Article.
Article 15 (Changes to and Termination of the Service)
The Company may, at its own convenience, change the content of the Service or terminate its provision. Where the Company terminates the provision of the Service, the Company shall notify users in advance.
Article 16 (Disclaimer of Warranties and Limitation of Liability)
The Company makes no warranty, whether express or implied, that the equipment necessary for use of the Service will be free from failure, damage or defect and that the Service will be provided without interruption; that the software relating to the Service will be free from errors, bugs or other defects; that operation of the Service will be reliable; that, in the operation of Sea Taxis in connection with use of the Service, no delay, suspension of operation, vessel breakdown, accident or other trouble arising from weather conditions or other causes will occur; that no trouble will arise between a Sea Taxi Operator or its captain and a user, or among users; that the Service is suited to a user's particular purpose or possesses the functionality, commercial value, completeness, continuity, accuracy, usefulness or legality expected by the user; that a user's use of the Service complies with the laws and regulations or internal rules of any industry association applicable to such user; or that the Service can be used continuously and without defects. The Company shall bear no liability whatsoever to compensate users for any damage suffered as a result of any matter referred to above.
Even where the Service is used by an unlawful or improper method, or by a method that the Company determines to be inappropriate, the Company shall bear no liability to compensate the Sea Taxi Operators relating to the Service or the users of the Service for any damage suffered by such persons.
Where a user uses a Sea Taxi provided by a Sea Taxi Operator affiliated with the Company through the Service, the user shall, at its own expense and responsibility, comply with the requirements imposed on the user by the relevant Sea Taxi Operator pursuant to the Marine Transportation Act and related laws and regulations or in consideration of safety, and the Company shall bear no liability whatsoever for any dispute arising between the user and such Sea Taxi Operator.
The Company shall bear no liability whatsoever to compensate a user for any damage suffered by the user in connection with the Service, including the interruption, suspension, termination, unavailability or alteration of the provision of the Service by the Company or due to the termination of an external service, the deletion or loss of a user's registered information, the termination of a user's Service Use Agreement, the loss of data resulting from use of the Service, or the failure, damage or malfunction of any equipment necessary for use of the Service.
Even where the Company is liable to pay compensation for any reason, the Company shall not, except where the Company has acted with willful misconduct or gross negligence, be liable to compensate a user for any damage suffered by such user in connection with the Service in excess of the aggregate amount of Fees paid by such user to the Company within the one (1) month period immediately preceding the date on which the event giving rise to the claim for compensation occurred, as provided in the Service Use Agreement with such user, and the Company shall bear no liability for any incidental, indirect or special damages, or for any future damages or lost profits. Notwithstanding the foregoing, even where the Company is liable for damages, the Company may, in lieu of monetary compensation, provide compensation or take other measures within the Service.
Where the Company suffers direct or indirect damage arising from a user's breach of the Service Use Agreement or otherwise arising from the user's use of the Service (including where the Company receives a claim for damages or other claim from a third party as a result of such act), the user shall compensate the Company for all such damage (including attorneys' and other professional fees and an amount equivalent to the personnel costs incurred by the Company in responding thereto).
Any communication, dispute or problem arising between a user and a Sea Taxi Operator or any other third party in connection with the Service or the Application shall be handled and resolved at the user's own expense and responsibility, and the Company shall bear no liability whatsoever in connection therewith.
Article 17 (Confidentiality)
Users shall treat as confidential any non-public information disclosed by the Company in connection with the Service that the Company has requested be treated as confidential, except with the prior written consent of the Company.
Article 18 (Handling of User Information)
The Company's handling of a user's user information (including, without limitation, registered information; the "User Information") shall be governed separately by the Company's Privacy Policy, and each user consents to the Company's handling of the user's User Information in accordance with the Privacy Policy.
The Company may analyze information and data provided to it by users using Google Analytics or other analytical tools, and may use and publish such information, at its discretion, in the form of statistical data that does not identify any individual, and users shall raise no objection thereto.
Article 19 (Term)
The Service Use Agreement shall take effect on the date the Service Use Agreement is formed with respect to a user pursuant to Article 3, and shall remain in full force and effect between the Company and the user until the earlier of the date on which such user's Service Use Agreement is terminated or cancelled, or the date on which the provision of the Service ends.
Article 20 (Amendment of these Terms)
The Company may amend these Terms (including any rules, provisions or other requirements relating to the Service published on the Company Website or within the Application; the same applies in this paragraph) where the Company deems it necessary to do so. Where the Company amends these Terms, the Company shall give notice of the effective date and content of the amended Terms to users by posting on the Company Website or within the Application, or by other appropriate means. Provided, however, that where an amendment requires the consent of users, the Company shall obtain such consent by the method prescribed by the Company.
Article 21 (Communications/Notices)
Inquiries regarding the Service and any other communication or notice from a user to the Company, and any notice regarding amendments to these Terms and any other communication or notice from the Company to users, shall be made by the method designated by the Company.
Where the Company sends a communication or notice to the e-mail address or other contact information included in a user's registered information, the user shall be deemed to have received such communication or notice.
Article 22 (Assignment of Status under the Service Use Agreement)
A user may not assign, transfer, create any security interest over, or otherwise dispose of, its status under the Service Use Agreement or any right or obligation under these Terms to any third party without the prior written consent of the Company.
Where the Company transfers its business relating to the Service to another company, the Company may transfer its status under the Service Use Agreement, its rights and obligations under these Terms, and the User Information and other customer information of users, to the transferee of such business transfer, and each user hereby consents in advance to such transfer as set forth in this paragraph. For purposes of this paragraph, a business transfer includes not only an ordinary business transfer but also a company split and any other case in which the business is transferred.
Article 23 (Entire Agreement)
These Terms constitute the entire agreement between the Company and users with respect to the matters contained herein, and supersede all prior agreements, representations and understandings between the Company and users with respect to such matters, whether oral or written.
Article 24 (Survival)
Any provision of these Terms that, by its nature, is intended to survive the termination of the Service Use Agreement shall remain in full force and effect after such termination; provided, however, that Article 17 shall survive only for a period of two (2) years following the termination of the Service Use Agreement.
Article 25 (Severability)
Even where any provision of these Terms, or a part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other applicable laws and regulations, the remaining provisions of these Terms, and the remaining part of any provision determined to be invalid or unenforceable, shall continue in full force and effect.
Article 26 (Resolution through Consultation)
Where any matter is not provided for in these Terms, or any doubt arises regarding the interpretation of these Terms, the Company and users shall promptly resolve such matter through good-faith consultation between them.
Article 27 (Governing Law and Jurisdiction)
These Terms and the Service Use Agreement shall be governed by the laws of Japan.
The Tokyo District Court or the Tokyo Summary Court, depending on the amount in controversy, shall have exclusive jurisdiction as the court of first instance over any and all disputes arising out of or in connection with these Terms or the Service Use Agreement.
Enactment Date: January 6, 2022