Device Rental and Data Communication Service Terms of Use | JAL ABC

These TERMS OF USE apply to a person (hereinafter referred to as the "User") who uses the rental service for a communications device
(including mobile phone devices, Wi-Fi routers and smart phones) and their accessories etc. (hereinafter such devices and accessories etc.
being referred to as "Communications Device") provided by JAL ABC, Inc. (hereinafter referred to as "the Company").

1.　This Agreement is established as a valid contract from the point in time at which the Company indicates that it has approved the application, after the User declares in the application the necessary matters according to the method prescribed by the Company.
2.　Notwithstanding the preceding clause, there may be cases in which, due to a shortage of inventory, the Company does not approve an
application to enter into this Agreement, or is unable to provide services as stated in the content of the application.
3.　If the Company is unable to confirm payment of usage charges related to this Agreement between the User and the Company, or the
Company deems that it may otherwise be impeded in the performance of its business, the Company may decline to approve an application to
enter into this Agreement.

1.　The number of Communications Devices available for hire is limited to three units for one person's application. The provisions for companies are covered in a separate agreement.
2.　The pickup of a hired Communications Device and its return must take place at specified locations (including for courier delivery).

1.　 The term of rental runs from the date on which the Communications Device is hired to the date of return. In the case of courier delivery,
the term runs from the date of receipt by the User until the date of return shipment.
2.　In principle, the term of rental stated in the Agreement application cannot be changed. Even in the case in which, due to the User's
circumstances, the User seeks to return an article prior to expiration of the rental term stated in the Agreement application or takes possession of the article late, the Company will not refund any portion of the payment.
3.　In the case in which prior contact is made with the Company in order to change (reduce or extend) the rental term and the Company
accepts the change, clause 2 of this article shall not apply.
4.　The term of rental shall run from the date of hire of the Communications Device for maximum of 30 days thereafter.

1.　If the User wishes to extend the rental term, the User must so request of the Company prior to the expiration of the rental term stated in
the Agreement application in order to obtain the Company's consent, provided that the rental term is extended only once. Extension of the
rental term is restricted to the rental term stated in Article 4, and the Company shall make an adjustment (for settlement) of rental usage
charges (Communications Device/accessories rental charge, call charges, safety deposit and other charges) for the period during which the
Communications Device has already been used.
2.　 If the User fails to return a Communications Device after the rental term has elapsed without contacting the Company, the Company may
terminate the communication line of such Communications Device without warning, and may, at the same time, charge the rental charges, call charges and other charges etc. to the credit card confirmed in the application for the Agreement, in accordance with the Company's prescribed procedures. After the line has been so terminated, the Communications Device concerned will become unusable; moreover, the line will not be
recoverable.
3.　If the User fails to return a Communications Device by the due date for return, the User shall pay the expenses etc. for the Communications Device as prescribed by the Company in addition to rental charges that accrue from the date following the date on which the rental term
expires until the date of return of the Communications Device as well as call charges arising during that period.

If the User cancels the application made pursuant to Article 2, the User must immediately notify the Company. If the User cancels less than
three (3) days prior to the date of hire of the Communications Device (or, if that date is a work holiday of the Company, the prior business day) at the prescribed location (including for courier delivery), the Company shall charge the User a cancellation fee.

Charges for the services that are the subject of this Agreement include the rental charges, call charges and communications charges as
prescribed by the Company. *Additional charges such the deposit etc. are prescribed separately.
(1) Rental charges
Rental charges as prescribed by the Company apply.
(2) Call charges
I Outgoing calls are charged from the point in time when the CALL button of the Communications Device concerned is pressed.
*Depending on the device used, this charge may be applied from the time the call is connected.
II Incoming calls are charged from the point in time when the call is connected.
*Excluding some areas
III When a free call number such as a free dial etc. or a collect call or calling card etc. is used, charges are calculated in accordance with how
long the Communications Device is used.
IV Call time duration is classified into two types depending on the type of device rented: the time count method (data is read from a timer
installed inside the Communications Device concerned, and the cumulative number of seconds of the call is multiplied by a call unit price
to calculate the call charge) and the call details statement method (the duration of usage of the device is calculated from a call details
statement issued by the communications company concerned).
The Company will accept no objections whatsoever from the User concerning the duration of a call, unless the Company accepts it was affected by a problem with the device
concerned or a communications obstruction. When the time count method is used, a call statement form is not issued.
*The total number of seconds of the call is calculated, and any fraction of a second is rounded up.
(3) Communications charges
For data Communications Devices such as Wi-Fi routers etc., a flat rate communications charge is applied for each calendar day.

1.　Charges for usage of the Service shall in principle be paid from the credit card approved by the Company in the agreement application,
based on the stipulations of the credit card company.
2.　In the event that, due to reasons related to the User, the Company is unable to obtain settlement from the credit card company of the
credit card confirmed by the Company in the agreement application, the Company will accept payment with another specified credit card that is able to be used or in cash.
3.　In the case of a Communications Device that uses the time count method and that is returned to an airport counter specified by the
Company, the Company will confirm the duration of time calls at the counter and obtain payment with the credit card approved in the
agreement application.
*When a device is returned by courier delivery, the Company will confirm the call time duration and calculate charges.
In the case of a Communications Device that uses the call details statement method, the Company will confirm the call time duration from the
statement of the call company concerned, and take payment with the credit card confirmed in the agreement application.
*Regardless of whether the time count method or the call details statement method is used, in principle charges will be calculated for one-time settlement, unless the device is returned late or is lost etc.

The Company may change the rental charges, call charges and safety deposit without notice. The charges applied are as of the time of the
agreement application (when the User agreed to the Terms of Use).

1.　The User shall use and manage the Communications Device with the standard of care of a competent manager in accordance with the
Company's specified directions.
2.　If the User's Communications Device is destroyed or damaged, lost or stolen during the rental term, the User shall immediately notify the
Company. Call charges arising during the period from the date on which the User contacts the Company until the date on which the Company's prescribed procedures are completed shall be paid by the User regardless of whether or not the calls were the User’s.
3.　In the case in the preceding clause, the User is liable for the actual cost of the Communications Device concerned, except where the
guarantee system applies.

1.　The guarantee system is a system to compensate the Company for loss sustained if, during the rental period, a Communications Device is
destroyed, damaged*1, lost or stolen. If the User joins the guarantee system, the User pays to the Company an amount calculated by
multiplying the Company's prescribed guarantee charge for the device whether in Japan or overseas, by the rental term (number of days).
If the Company sustains the loss of a Communications Device, the Company shall receive payment of a deductible amount prescribed
separately. If the User does not join the guarantee system, then in the event of loss sustained by the Company through destruction or loss etc. of a Communications Device, the User shall pay Company the actual amount for the device pursuant to Article 10, clause 3.
*1 Damage means that, in the Company's judgment, the Communications Device concerned has sustained an external trauma to the extent
that it can no longer be rented out.
Exceptions
If the damage sustained by the device concerned is due to any of the following reasons, the guarantee does not apply.
1. Fraud or misappropriation by the User
2. Malice or gross negligence on the part of the User
3. War, civil disturbance or a nuclear crisis
4. A natural disaster such as earthquake or storm etc.

1.　The User may not attach another item etc. to a Communications Device, or dismantle, modify, repair or change the performance of a
Communications Device.
2.　The User may not perform any act that degrades the Company's rights in a Communications Device, such as by transferring rights in the
Communications Device or rights of the Company to a third-party, or by subleasing or pledging the device as collateral.
3.　The User may not change the OS installed in a Communications Device.

1.　A Communications Device used for the Service, may be used in only the country or region declared at the time of application. If a
Communications Device is used in a country or region not declared at the time of application, the Company will require additional payment for
expenses arising in such country or region.
2.　The Communications Device used for the Service is a precision device so may fail even if used with care.

There may be cases in which a communications company in a contractual arrangement with the Company, acting from the perspective of fair
usage of radio waves, applies data transmission usage limits on a User who undertakes large data transmission operations in a short time. If a User who continuously undertakes operations that require transmission of large quantities of data, such as viewing videos or making video calls etc., becomes subject to data transmission restrictions, or is even no longer able to use the device rented from the Company, the Company will not refund charges.

The Company accepts no liability for any loss sustained in any of the following cases.
I.　There is a possibility of a transmission to or from a Communications Device being intercepted, but the Company accepts no liability for any
loss sustained thereby.
II.　 The User being unable to use the service, even in a place in a country or region in which the service is available, because the radio waves do not reach the particular place concerned, or being unable to use the service due to circumstances affecting the telephone company in the
country concerned.
III． A User etc. uses software or a device personally owned by the User, and as a result of trouble due to the specifications and operations of
such device or software, the Communications Device becomes inoperable.
IV． The Company is in no way responsible for guaranteeing the operation of or providing support etc. for different kinds of applications.
V． Because the Company formats the rental device shortly after it is returned, we accept no inquiries concerning data etc. from a User after
the User has used the device.

1. The Company may terminate the Rental Agreement immediately and without notifying the User if the User becomes subject to any of the
following, in which case, the Company may implement measures to terminate the line of the Communications Device concerned.
I.　 If the Company decides that the User provided false information in the application form.
II.　If there is a substantial deterioration in the User's credit standing.
III.　 If the User violates these Terms of Use.
IV.　 If the Company decides that, in the light of public order and morals, the User's method or purpose of use of a Communications Device is
inappropriate.
2. In the event of termination pursuant to the preceding clause, the User must immediately return the Communications Device to the Company and shall be liable for compensating the Company for all loss the Company sustains due to such termination.

The Company may change these Terms of Use without notice.

The User consents in advance without objection to the fact that the Company accepts no liability whatsoever for any accident or loss etc.
affecting the User or a third-party for whatever reason due to the User not being able to use the Communications Device for its original purpose.

Pursuant to the stipulations of the Act for the Identification, etc. by Mobile Voice Communications Carriers of their Subscribers, etc. and for
Prevention of Improper Use of Mobile Voice Communications Services Act No. 31 of April 15, 2005 enacted by ministerial ordinance, in the case of a hire agreement for Communications Devices the Company must confirm the identity of the User by way of an official identification
certificate and create and store a record of this information.

The Tokyo District Court shall be the agreed court of jurisdiction in the case of any dispute arising between the Company and User concerning
these Terms of Use, regardless of the monetary amount involved in the legal action.