Chapter 1 General Rules
Article 1 (Definition)
The terms used in this agreement shall have the following meanings
- Public Bicycle Rental System:
A system that rents public bicycles to users by putting a bicycle into and out of the Cycle Ports during the operational hours.
- Public Bicycle:
The public bicycle rental system provided by the City of Kanazawa, is a bicycle sharing system for common users.
- Cycle Ports:
The storage locations of the public bicycles equipped with on-road terminals. The bicycle parking with special tools for renting/renting a bicycle by authenticating an individual authentication device.
- Individual Authentication Device:
The general term of the IC cards and password numbers that users registered in the system for unlocking of user confirmation and bicycle equipment, such as designated required smart card, user’s own IC cards, our spatialized IC cards and IC chip-equipped mobile phones.
- On-road Terminal:
Equipment for registering users, issuing individual authentication device etc.
- Bicycle Parking Equipment:
Equipment for storage of public bicycles.
- Management Office:
It is the base and contact point for carrying out the management and maintenance of public bicycles and the Cycle Ports, as well as corresponding with users, etc.
Article 2 (Application of Terms and Conditions):
- 1. The Nihonkai Consultant Co., Ltd. (hereinafter referred to as the ‘Company’) shall provide the service of renting public bicycles to individuals and corporations (hereinafter referred to as ‘user(s)’) who want to use “Machi-nori” a public bicycle rental system sponsored by the City of Kanazawa and managed by the Company, in accordance with provisions of this agreement.
Matters that are not stipulated in this Agreement shall be dealt with laws and ordinance or common practices.
- 2. The Company may prepare a ‘User Guide’. If there is any contradiction between this agreement and the ‘User Guide’, the ‘User Guide’, shall take the precedence.
- 3. These terms and conditions shall be applied to all users.
Chapter 2. User Agreement
Article 3. (Signing of user’s agreement etc.)
- 1. Upon acceptance of this agreement, the user shall apply to the Company for a user’s agreement in a manner designated by the company.
- 2. A user’s contract shall be signed when the Company accepts an application indicated in the preceding paragraph.
- 3. The Company may refuse to sign a user’s agreement if the user falls under any of the following items
(1) If we judge that it is physically difficult for the user to ride a public bicycle safely.
(2) If the user has previously record of failing to pay the rental fee
(3) If it is recognized that the user is a gangster member, a person allied with a gang, or other antisocial forces
(4) If the user does not agree with the terms of agreement
(5) In addition, if the Company deems that the user is inappropriate.
- 4. The parties entitled to use public bicycles shall be limited to the individuals and corporations having signed the user’s contract.
- 1. In signing the user’s agreement, the user shall select one of the contract types and payment methods designated by the company.
- 2. The user shall pay the rental fee specified in Chapter 6 according to the contract type and payment method selected under the preceding paragraph.
- 3. In signing the user’s agreement, the user shall obtain or register the individual authentication device designated by the Company in order to unlock public bicycles.
Article 5 (Change of registration information etc.)
- 1. If any change occurs in the information of the individual or corporation previously provided to the Company in applying for a user’s agreement, the contract type and payment method selected, or the information of the personal authentication device registered etc., shall immediately notify the Company of, and obtain the approval from the Company for such change.
- 2. The Company may refuse the change or can cancel the user agreement if it is judged that the contents informed in the preceding paragraph will interfere the operation.
Article 6 (Cancellation of User Agreement)
When the user falls under any of the following items, the Company shall temporarily suspend the use of the service or cancel the user agreement without giving any prior notice.
- (1) If the user violates any of the terms and conditions, any individual contract or any other contract with the Company
- (2) If the user causes any traffic accident while using a public bicycle
- (3) If the user fails to pay the fee stated in chapter 6 or any other payment in accordance with this agreement.
- (4) If any of the items of Article 3, Paragraph 3 apply to the user
- (5) In addition to the preceding items, when the Company judges that continuation of the user agreement is inappropriate, such as in the case where the Company is no longer able to contact the user and where any of the information provided when signing the user’s agreement is found to be incorrect.
Article 7. (Suspension of the service)
- 1. If the City of Kanazawa City and the Company decide that it is difficult to continue the service of public bicycle or the public bicycle rental system due to bad weather such as storms and snow fall, disasters or any other reasons, then the City of Kanazawa and the Company may unilaterally suspend the services.
- 2. In the case referred to the preceding paragraph, the Company shall terminate the user’s agreement by notifying the user to that effect and in any rental fee shall not be refunded in principle.
Chapter 3. Individual Authentication Device
Article 8. (Individual Authentication Device)
- 1. The user shall be able to use the individual authentication device stated in each of the following items. However, in the case of the user’s agreement with a corporation, only the exclusive IC card designated by the Company may be used.
(1) Exclusive IC card designated by the Company
(2) IC card and cellular phone with IC chips owned by the user
(3) Password issued by the Company.
- 2. The user shall acquire any of the items of the preceding paragraph under the burden of the user’s own expenses and prepare the necessary environment to use the service.
- 3. The individual authentication device shall be usable only by users and shall not be used by third parties. In the case of the user’s contract with a corporation, under the responsibility of the corporation, the IC card can be used jointly within the scope of participants specified by the corporation.
Article 9. (Lost, theft etc.)
- 1. If the user’s individual authentication device are lost, stolen or damaged, the user shall promptly report the Management Office about that fact.
- 2. In the case of the preceding paragraph, the user shall be allowed to re-register the individual authentication device by paying the required costs.
- 3. If the user allows any third party to use the individual authentication device, in violation of Paragraph 3 of the preceding article or if any third party uses such individual authentication device without the notification stated in Paragraph 1 of this article, the user shall bear all responsibilities suffered as a result of such use.
Chapter 4. Renting and Returning
Article 10. (Renting of Public Bicycles)
- 1. The user shall unlock a public bicycle at any Cycle Port that stores the available public bicycles by presenting or inputting the individual authentication device. An individual contract will be established by this, and we will rent a public bicycle to the user.
- 2. The Company may refuse to rent a public bicycle for any operational reason or for other reasons.
Article 11. (Returning of Public Bicycles)
- 1. The returning of public bicycles shall be completed by the user personally returning a public bicycle to the bicycle-parking apparatus at the Cycle Port that stores public bicycles and locking such public bicycle. And by doing this, the individual contract shall be terminated.
- 2. In returning the public bicycle, the user shall confirm that there are no items left on the public bicycle, and the Company shall not bear any responsibility for lost or any items left.
- 3. If the user cannot return the public bicycle in accordance with Paragraph 1 due to lack of a Cycle Port that can store a public bicycle or for any other reason, the user should either return it to another Cycle Port or return it with following the full-track option by operating on-the-road terminal
Article 12. (Cancellation of Individual Contracts)
- In any of the cases stated in the following items, the Company may cancel the individual contract and demand that the user return the public bicycle.
(1) When it is not possible to continue renting a bicycle due to unavailability of public bicycle or malfunction of public bicycle system or for other reasons during the rental period.
(2) When the user violates this agreement, individual contract or other contract with the Company during the rental time.
Chapter 5. Dealing with Bicycle Accidents etc.
Article 13. (Dealing with accidents)
- 1. If an accident occurs relating to the bicycle during the rental time of the public bicycle, the user shall take legal measures required by laws and ordinances regardless of the scale of the accident and deal with such accident as follows:
(1) Immediately report the circumstances of such accidents etc. to the police and the Management Office.
(2) Quickly submit the document or evidence required regarding such accidents to the Company and the insurance company with which the Company has a contract.
(3) In connection with the accident, when concluding a settlement or agreement with a third party, obtain the approval from the Company in advance.
- 2. In addition to the preceding paragraph, the user shall handle the accidents and resolve themselves at their own responsibility.
Article 14 (Dealing with troubles, theft, etc.)
- 1. If a user finds any abnormality or trouble with the public bicycle or Cycle Port during the rental hours, the user shall immediately stop using it and notify the Management Office and follow the instructions of the Management Office.
- 2. In the case of a bicycle theft, during the renting hours, the user shall immediately inform the circumstances of such theft, etc. to the police and the Management Office and follow instructions of the Management Office. In such cases, the user shall pay an amount of money designated by the Company as a charge for theft of public bicycles.
Article 15. (Compensation)
- 1. The user may get compensation for any damage sustained by an accident that occurs while renting a public bicycle under the individual contract signed within the applicable scope of the Class 2 TS mark insurance attached to the public bicycles and the accident insurance taken out by the Company.
- 2. In applying the Class 2 TS mark insurance stated in the previous paragraph, the user shall, after taking the measures stated in Article 13, follow the instructions of the Management Office. When needed, the user shall promptly complete the necessary procedures (including contacting insurance companies, etc. and submitting necessary materials).
- 3. The user legitimately agree that the user may not obtain any insurance compensation for damage caused by an accident that is not reported to the police and the Management Office or occurs as a result of the user violating the Rules.
- 4. The user shall bear the total amount of the damage for which insurance money is not paid and damages exceeding the compensation ceiling.
Chapter 6. Rental fees
Article 16. (Rental fees and contract types)
- 1. The user shall pay the basic fee, additional fee and other fees (hereinafter referred to as “fees”) to the Company as the charge for the use of the public bicycle rental system.
- 2. The Company shall announce the detail amount of each type of rental fee and the contract types on the on-road-terminal of the Cycle Ports and on the company’s designated website. When changing the fee and contract type, the Company shall announce it on the website, etc. noticeably at least one month earlier to the date of such a change.
Article 17. (Basic fees)
- 1. The basic fees refers to the amount paid according to the contract type selected in accordance with Article 4, Paragraph 1 or changed in accordance with Article 5, Paragraph 1 and according to the period when the user receives service in accordance with the type of contract, such as years, months or days.
- 2. The Company shall not refund the basic fee, etc. upon the change or cancellation in the middle of the period agreed by the contract type.
Article 18. (Additional fees)
- 1. Additional fees mean the amount of money categorized by the Company according to the hours of use of the public bicycle rented by the user with his/her individual authentication device.
- 2. The usage time stated in the preceding paragraph shall be the hours from the rental stated in Article 10 to the final return of a public bicycle, including the return stated in Article 11.
Article 19. (Other fees)
Other fees shall mean any amounts other than the basic and additional fees paid for the pay-service fixed by the Company and desired by the user.
Article 20. (Payments and refunds)
- 1. The user shall pay the fees specified in Article 16 to the Company by credit card, cash, bank transfer, etc.
- 2. The user unquestionably agrees that if the contract is terminated for cancellation prior to termination, cancellation or for any other reason, the money received by the Company in accordance with the preceding paragraph shall not be refunded. However, this shall not apply to cases where the contract is terminated for any reason for which the Company is responsible.
Chapter 7. Responsibilities
Article 21. (Regular inspections and maintenance)
The Company shall regularly inspect and maintain public bicycles as well as the Cycle Ports.
Article 22. (Inspection before use)
- 1. Whenever a user rents a public bicycle based on an individual contract, the user shall check that it is in a safe and suitable condition, such as the brake function, whether the handlebars are bent and tire’s air pressure, etc.
- 2. If the user finds any damage to the public bicycle, any missing parts and/or improper maintenance, the user shall immediately report such fact to the Management Office and shall not use that bicycle in question.
- 3. If the user uses a public bicycle without making any report as specified in the preceding paragraph, such public bicycle shall be considered as undamaged, with no missing parts or improper maintenance at the time of rental.
Article 23. (Management Responsibility)
- 1. The user shall use and keep the public bicycle with the care of a good manager.
- 2. The responsibility for management as specified in the preceding paragraph shall start when the rental procedures of a public bicycle, in accordance with the individual contract, are completed and end when the returning procedures for such public bicycle are completed.
Article 24. (Prohibited acts)
- During the rental time of a public bicycle, the user shall not perform the acts listed in the following items:
(1) Allowing any other person than the user to use the public bicycle
(2) Risky behaviors, such as reckless driving, drunk driving
(3) Ignoring traffic rules when using a public bicycle
(4) Using public bicycles in a dangerous or inappropriate place
(5) Using public bicycle in a bad manner that causes obstacle of the passing of pedestrians, etc.
(6) Modifying or changing of the public bicycle structure, equipment, etc.
(7) Parking the bicycle in an area where bicycle parking is prohibited by regulations, on private land where no bicycle parking is permitted and in any place blocking traffic
(8) Continuing to ride the bicycle, even when it has broken while riding
(9) To use a public bicycle for various tests, games or competitions, pulling or pushing it.
(10) Any other acts that violate laws and ordinances or against public order and morals.
Article 25. (Measures for abandoned bicycles)
- 1. When the user parked a public bicycle in a place prohibited in accordance with Item 7 of the preceding article (hereinafter referred to as “abandoned”), the user shall be responsible for compensating for all of the damage caused to the Company, including the costs of removal, storage, etc. of such abandoned bicycle and the fees up to the time of return.
- 2. If, in the case stated in the preceding paragraph, the municipality or police, etc. reports to the Company about abandoned of a public bicycle, the Company shall notify the user of such fact, cause the user to promptly move such public bicycle to the place designated by the Company and demand that the user obeys a legal order as a violator, and the user shall act in compliance with these measures.
- 3. If the Company incurs the costs stated in Paragraph 1 for the user, the user shall promptly pay such costs to the Company.
Article 26. (Obligation to return public bicycles)
When returning a public bicycle, except for wear and tear by ordinary use, the user shall return it as it was at the time of rental, and if any of the public bicycle, including fixtures thereof, is damaged, lost, stolen, etc., in whole or in part, and for a reason for which the user is responsible, the user shall bear all the costs necessary for restoration to the original condition, such as the cost of repairing, resupplying, etc. of such a public bicycle.
Article 27. (Measures taken when public bicycles are not returned)
- 1. If the user fails to return a public bicycle, even after the end of the rental hours specified by the Company and does not respond to the Company’s demand for its return, or if the Company considers that the public bicycle has been rode away or stolen because the user’s whereabouts are unknown or for any other reason, the Company may adopt a legal procedure, including the imposition of a penalty of \50,000 and filling a criminal prosecution.
- 2. In the case stated in the preceding paragraph, the user shall be responsible for compensating the Company for all the damage sustained in addition to the fees until the bicycle is returned and the costs for collecting the public bicycle and searching for the user.
- 3. If the public bicycle is not returned by the user even after the end of the rental hours, due to natural disasters or any other reasons of force majeure, the Company shall not be liable to the user for any damage caused by such event. In this case, the user shall immediately contact the Management office and follow the instructions provided by the Management Office.
Article 28 (Compensation Liability)
The cases stated in the other provisions of the rules, if the users causes damage to any third party, the City of Kanazawa and the Company while using a public bicycle, the user shall be liable for compensating such third party, the City of Kanazawa and the Company for such damage. However, this shall not apply to the cases where such damage is caused for a reason for which the user is not responsible.
Chapter 8. Exemption from Responsibility
Article 29. (Exemption from responsibility)
The user may not claim the Company for compensation for any damage exceeding the amount received by the Company from such user as the price for the use of the public bicycle, even if the user suffers damage to himself/herself as a result of using, or inability to use, a public bicycle or a Cycle Port, regardless of reason, except in cases where there is intent or gross negligence on the part of the Company.
Chapter 9. Personal Information
Article 30. (Purposes of using personal information)
- 1. The Company shall use the personal information of the user acquired with the applications and contract by the signing of the user’s agreement, establishment of individual contract, changes in the registered information and other business affairs within the scope of the following purposes:
(1) To make appropriate judgments and take appropriate procedures for applications from the user for the Company’s service, the Company’s approval for the use of such service, etc;
（２）(2) In order to communicate with the users when it is necessary for the management of the public bicycle rental system in the company’s business and to make appropriate judgment and correspondence in identifying the users;
(3) To appropriately manage the contracts with the user in the Company; which is necessary even after the end of the contracts, in order to handle inquiries, in accordance with laws and ordinances, or for any other purpose;
(4) To inform the users about services, products, events and campaigns etc. provided or conducted by the Company;
(5) To inform the users about the products and services, events, campaigns, etc. provided or conducted by the business under the contract between such business and the Company;
(6) To analyze for planning and development of services and products, improvement of customer satisfaction, etc.;
(7) To carry out various management and analysis tasks in the Company, such as the preparation of statistical data necessary for the operation or management of the public bicycle rental system.
- 2. If the Company hand over the operation and management of the public bicycle rental system to a third party, the Company shall take personal protective measures and place the personal information obtained with paragraph 1 in the custody of such third party.
- 3. The user may demand from the Company the disclosure of his/her personal information, and if any personal information held by the Company is found to be incorrect or false, the Company shall promptly correct or delete such personal information.
- 4. The Company shall use the personal information of the user jointly within the following range.
[Items of personal information jointly used]
Information such as the user’s name, address, phone number, mail address etc.
[Scope of the party for joint use]
[Purpose of the joint user]
Matters stated in Article 30, Paragraph 1.
[Party responsible for the management of the personal information]
Nihonkai Consultant Co., Ltd.
Chapter 10. Miscellaneous Regulation
Article 30. (Purposes of using personal information)
Article 31. (Change of terms and conditions)
When the Company changes the terms and conditions, the Company shall inform of such a change by posting a notice on the on-road terminals in the Cycle Ports and on the website designated by the Company. In addition, the Company shall be able to change the trams and conditions without any prior notice to the user.
Article 32. (Notices, etc.)
Notifications, contacts etc from the Company to the users shall be made to the telephone number, etc. of the user registered in the user’s contract, and such notices, communications, etc. shall become valid at the time when such notices, communications, etc. are given. Any disadvantage resulting from the non-receipt of any notice, communication, etc. shall be borne by the user.
Article 33 (Penalty for delayed payment)
If the user fails to meet any of his/her monetary liabilities under the terms and conditions, the user’s contract or an individual contract, he/she shall pay the Company a penalty for delayed payment at an annual ratio of 14.6% (calculated on a daily basis for a year of 365 days).
Article 34. (Court of Jurisdiction)
If any dispute arises regarding the rights and obligations under the terms and conditions, the user’s agreement or an individual agreement, the Kanazawa District Court shall be the exclusive agreed court of jurisdiction for such a dispute.