Exclusive for all MCard Customers
These Terms of Service (the “Terms”) describe the terms and conditions for subscribing to the mobile- communication device rental service provided by Telecom Square USA, Inc. To place an order with our company, you must read and agree to the terms and conditions below. It is your responsibility to read and understand the terms and conditions completely and thoroughly. Telecom Square, Inc. (the “Company”) and you (the “Subscribers”) hereby agree to the following terms and conditions with respect to the products and services offered by the Company to the Subscribers of the mobile- communication devices and peripheral equipment and related or additional services described herein or included in any agreement between the Subscribers and the Company for products and/or services (the “Agreement”).
Article 1: Definitions
The following shall have the respective meanings in the Terms as described.
Article 2: About the Terms
Article 3: Policy on handling personal information
Article 4: Presentation of identity verification documents
Article 5: Application
(1) Persons whose specified credit cards are subject to suspension of usage by credit card companies, receipt agencies, and/or financial institutions.
(3) Persons who have neglected payment of usage fees in the past.
(4) Persons who have engaged in criminal acts or who have taken actions that could lead to criminal acts in the past.
(5) Organized crime groups, members of organized crime groups, companies related to or associates of organized of crime groups, and other equivalent persons to the above; persons who stopped being one of the above within the past 5 (five) years.
(6) Persons who are either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which they reside.
(7) Individuals who desire to rent for a period exceeding 60 (sixty) days.
(8) Other persons determined inappropriate to apply by the Company.
Article 6: Cancellation of application and cancellation fees
(1) When the subscriber has physically taken receipt of the mobile communication device at a business counter operated by the Company.
(2) After the scheduled handover date has arrived in cases where a shipment destination has been specified by the subscriber.
Article 7: Changes in application
Article 8: Contract Unit/Contract Period
Article 9: Cancellation
(1) Article 5 [Application] Section 4 is relevant.
(2) Any matters stipulated in Article 14 [Prohibited matters for the Subscribers.] are relevant.
(3) The Subscribers continue to use the Service after 7 (seven) days or longer from the planned day of return without notice.
(4) The Subscribers neglect obligation to pay usage fees.
(5) Credit status for the Subscribers deteriorates or there is an adequate cause to recognize the possibility of such deterioration.
(6) There are other actions to considerably ruin the trust relationship between contracting parties.
Article 10: Payment method
Article 11: Usage fees and other costs
(1) Costs of bank remittance between the Subscribers and the Company in the case of payment on invoice.
(2) Costs of bank remittance between the Subscribers and the Company in the case that a service requiring deposit money is used as separately stipulated by the Company.
(3) Compensation stipulated by the Company in the case that mobile communication devices are lost, stolen or broken (this stipulation may not be applicable if “Compensation insurance” is subscribed.).
(1) Relevant costs of communication in the case that the Subscribers use the rental terminal after the contract is cancelled as stipulated in Article 9 [Cancellation].
(2) Relevant costs of communication, in the case that mobile communication devices, are lost or stolen and illegally used by a third party (This stipulation is relevant even if the Company is notified as stipulated in Article 20 [Loss, theft, or breakage of communication devices] and illegal use occurs by the time when the line is actually suspended.)
(3) Relevant costs of communication, in the case of usage in countries or regions not reported at the time of application
(4) Costs of communication, which occur while the Subscribers, do not recognize due to reasons including that an application in mobile communication devices is left running, key lock on mobile communication devices is forgotten, software is automatically updated.
(5) Costs of communication for multiple lines in the case that mobile communication devices are used for conference calls.
(6) Late fees at the rate of 14.6% per year to the claimed amount until full payment, in the case that payments are later than payment due dates stipulated by the Company because of the convenience of subscribers, etc.
Article 12: Prohibition to transfer rights and obligations
The Subscribers may not assign, transfer, or offer as collateral the rights and obligations arising in relation to application.
Article 13: Duty of diligence
The Subscribers shall use the Service with the care of a good manager.
Article 14: Prohibited matters for the Subscribers
The Subscribers may not take the following actions.
Article 15: Share of damages by the Subscribers
Article 16: Limitation in the scope of compensation by the Company
In the event that the Subscribers suffer from damages due to reasons attributable to the responsibility of the Company, the Company shall bear the responsibility for direct and normal damages caused to the Subscribers within the scope of usage fees for the Service, and not bear the responsibility for special damages such as lost earnings regardless of foreseeability.
Article 17: Scope of responsibility by the Company in relation to problems with connection
The scope of responsibility in relation to problems with connection for mobile communication devices in the Service (hereafter the “problems with connection” ) shall be limited to troubles deriving from failure of mobile communication devices, provided by the Company. In the case that problems with connection occur from events stipulated in any one of the following paragraphs, the Company shall bear no responsibility.
Article 18: Policy for fair usage of data communication
The Subscribers shall agree to the following matters.
Article 19: Agreed matters relating to suspension of usage
If one of the following paragraphs is relevant, the Company may suspend or temporarily interrupt the Service and the Subscribers shall bear the usage fees, corresponding to the period.
Article 20: Loss, theft, breakage of communication devices
Article 21: Compensation insurance
The Subscribers shall agree on the following matters.
Article 22: Other agreed matters by the Subscribers
The Subscribers shall agree on the following matters and the Company shall take no responsibility.
Article 23: Governing law and jurisdiction
This Agreement shall be governed by the laws of Japan. In the case that disputes occur in relation to the Terms and the contract, the Tokyo District Court shall be the agreed exclusive jurisdictional authority for the first instance.
Revised and enforced on May 22nd, 2017.
Handling of personal information The Company uses personal information, such as name, address, phone number, email account, for the following purposes, after taking necessary measures for the protection of information: