The following
Doudou Bear
Terms of Use (hereinafter referred to as "these Terms") set out the rights and
obligations between
DouDouBear
株式会社
(hereinafter referred to as the "Company") and Registered Users (as defined in Article
2). Anyone who uses the Service (as defined in Article 2) must read the entire text and agree to
these Terms and Conditions.
The purpose of these Terms and Conditions is to define the rights and obligations
between the Company and Registered Users regarding the use of the Service and shall apply to all
relationships between the Company and Registered Users regarding the use of the Service.
W
e publish from time to time on the
DouDou Bear
App (as defined in Section 2) or our Website (as defined in Section 2) shall form part
of these Terms and Conditions, and if there is any conflict between such rules and the provisions of
the clauses of these Terms and Conditions, the provisions of the clauses of these Terms and
Conditions shall prevail.
The following terms used in these Terms and Conditions shall have the following
meanings:
"External Services" refers to all services provided by companies other than the Company
that are associated with the Service, including services that have functions such as authenticating
registered users, disclosing registered users' friend relationships, and posting content related to
the Service within external services and are used to provide the Service.
“External Service Provider” means a provider of External Services.
“External Services Terms of Use” means the terms and conditions that set
forth the rights and obligations between the External Service Provider and the Registered User
regarding the Registered User’s use of the External Services.
“Intellectual property rights” refer to copyrights, patents, utility
model rights, trademarks, design rights, the right to use trade secrets and proprietary
technologies, and other intellectual property rights (including the right to obtain such rights
or apply for registration of such rights, as well as rights equivalent to such rights enjoyed in
foreign countries).
“Registered User” means an individual or legal person who registers as a
user of the Service (as defined in Article 3) in accordance with the provisions of Article 3.
“Laws, etc.” means laws, government orders, notifications, rules, orders,
regulations, guidelines and other regulations collectively.
"This Service" refers to the shared travel service provided by the Company (including
services after the service content is changed for any reason).
“Mobile travel tools” refers to the mobile travel equipment we
provide services for, including Doudou Bear
bicycles
,
electric-assisted bicycles
and scooters.
“
Doudou
Bear Application” means the application for smartphones and tablets provided by us under the
name of “
Doudou
Bear
”, which is necessary for registered users to use the Service.
“
Doudou
Bear App etc” means the
Doudou
Bear App and/or our Website.
“
Doudou
Bear Bike
” means the bicycles (including electric-assist bicycles) that we provide
as part of the Service.
“Parking Space” means the space provided by us to a Registered User for
parking or stopping an Electric Bicycle or
bike
.
Anyone who wishes to use this service (hereinafter referred to as the "Applicant"), on
the premise of agreeing to abide by these terms and conditions and providing specific information
specified by the Company in the manner prescribed by the Company (hereinafter referred to as the
"Registration Information"), may apply for registration to use this service (hereinafter referred to
as the "Service Registration").
Anyone who wishes to register for this service must apply in person and may not apply
for registration through an agent.
Unless otherwise approved by the Company, a person who wishes to register may not submit
multiple applications for registration for the Services, and a person who is already a registered
user may not submit multiple applications for registration for the Services.
When applying to register for the Service, Applicants must provide the Company with
true, accurate and up-to-date information.
If the person applying for registration is a minor, an adult ward, a guardian or an
assistant, he or she must obtain the consent of his or her legal representative, guardian,
administrator or assistant before applying to register for this service.
If the applicant has any connection with antisocial forces (referring to mafia
organizations, mafia members, right-wing groups, antisocial forces or other similar persons; the
same below), or assists or participates in the maintenance, operation or management of antisocial
forces by funding or other means, he/she shall not apply to register for this service.
If the Company deems that an applicant who has applied to register for the Service under
Paragraph 1 has violated any of the provisions of the preceding paragraph, is in danger of violating
these Terms, or otherwise deems the applicant unsuitable for registration for the Service, the
Company may reject the applicant's application to register for the Service.
If the Applicant completes the registration application for the Service and the Company
approves the Applicant's use of the Service at its discretion, then when the Company permits the
Applicant to use the Service, the Applicant's registration as a registered user of the Service is
completed, and a contract for the use of the Service (hereinafter referred to as the "Use Contract")
will be established between the Registered User and the Company in accordance with these Terms and
Conditions.
If there are any changes to the registration information provided to the Company when
applying to register for the Service (including payment methods, and any changes to the registration
information after completing registration for the Service), the registered user must immediately
notify the Company of such changes in the manner separately specified by the Company and submit any
materials related to such changes required by the Company.
The Registered User must inform the Company of his/her wish to withdraw from the Service
through the method separately specified by the Company. If the Company determines that the
Registered User wishes to withdraw from the Service, the Registered User may withdraw from the
Service and cancel his/her registration as a Registered User of the Service through the method
separately specified by the Company. However, if you have not completed any procedures separately
required by us in connection with withdrawing from the Service, such as payment of the Service Fee,
return of
bike
, performance of other obligations under these Terms and Conditions, or other
procedures, you may not be able to withdraw from the Service or cancel your registration as a
Registered User of the Service. In such case, the Registered User must complete all outstanding
procedures in a timely and satisfactory manner in accordance with these Terms and Conditions, and
upon completion, must contact the Company again to express his/her intention to cancel his/her
membership through the method separately specified by the Company.
Registered users may use the Service in the following manner in accordance with these
terms and conditions during the validity period of the Service Agreement.
Registered users can unlock
bike
and start using
bike
by operating the
Doudou Bear
App
,
website
or other devices designated by the Company. Registered users can use
bike
in accordance with the provisions of this Article from the time they start using
bike
until the time they return
bike
(hereinafter referred to as the "Ride Period") (the use of
bike
during this period is hereinafter referred to as the "Ride"), and the Company will
lend
bike
to Registered Users during the Ride Period.
The Registered User shall use and maintain the Mobile
bike
under his/her care during
the period of use .
Registered users should go through the return procedures when
the conditions for return are met
and return the mobile travel tool to the company
.
If it exceeds the scope specified by the company, the user needs to pay
the corresponding
bike
moving fees and may be liable for breach of contract
.
returning
the
bike
, the Registered User must confirm that any items owned or held by the Registered User
(hereinafter referred to as "Items") are not left at the port,
in the
bike
, etc. If any items are left on
the
bike
or at the port where the
bike
is returned after the Registered User returns
the
bike
, the Company shall be free to dispose of such items, and the Registered User shall not
raise any objection to such disposal, and the Company shall not demand compensation for losses,
etc.
In order to use this service, registered users
need to pay the corresponding fees. The charging standards are subject to
the website or APP. When users start using the
bike
, they are deemed to have accepted the corresponding charging standards.
Users
should pay the usage fees set separately by the Company in the
Doudou Bear
application
,
website
, etc. Registered users who have registered for this service should pay the usage fees
(including any unpaid amounts) to the Company in a timely manner through their credit card or other
methods designated by the Company. If the registered user delays payment of the service fee, the
registered user shall pay a late payment fee to the Company at an annual interest rate of
14.6%.
Users must be individuals aged 16 or older and in good
physical health. Users who are under the age of 16 or suffer from various conditions including but
not limited to those affecting riding, such as epilepsy, heart disease, high blood pressure,
temporary dizziness, visual impairment, hearing impairment, or disability, are prohibited from using
this service. If you do not possess the civil capacity appropriate for your actions as described
above, you and your legal guardian shall bear all consequences resulting therefrom in accordance
with the law.
Registered users who fall into any of the following situations will not be able to use
Doudou Bear
Bike .
If you are less than 140 cm tall
When there is a risk of not being able to comply with the provisions of each item of
paragraph 3 of this article
Any other circumstances where we deem it inappropriate for you to use
the Bear Bike
.
using
the
bike
, the registered user must comply with the following matters.
Before starting to use it, please inspect the moving
bike
in the manner specified by the company.
Comply with the provisions of the Road Traffic Act and other laws and regulations
applicable to bicycles, specified electric bicycles and very specified electric bicycles (including
provisions regarding the wearing of helmets).
Do not ride on the sidewalk unless permitted by law.
The
bike
should be driven within the service area (referring to the area where the company
provides services, which is separately specified in the
Doudou Bear
application
/website
, etc.; the same below), and must not be driven outside the service area or in places
where driving is prohibited by laws and regulations (including places where driving is prohibited by
the location manager; the same below).
You may not park your bicycle, etc. in places outside the service provision area, in
areas where parking or stopping of bicycles or
bike
s is prohibited by law (hereinafter referred to as "parking, etc."), in places where
riding is prohibited by law, in places where parking, etc. is prohibited by the owner or manager of
land or buildings owned or managed by a third party other than the port, in places where the passage
of pedestrians,
bike
s or other
bike
s is obstructed, or in other places where parking, etc. is reasonably considered
inappropriate (hereinafter these places are collectively referred to as "No Parking
Areas").
You may not sublease the travel services you use to a third party, nor allow a third
party to use your travel services
Do not drive recklessly (one-handed driving, etc.) or drive under the influence of
alcohol.
Wear clothing appropriate for operating a
bike
.
Do not do anything that may cause inconvenience to pedestrians,
bike
s or other
bike
s.
During the ride, the smartphone installed with the
Doudou
Bear app
or website for this service
must always have sufficient battery power and be able to communicate.
Do not damage, disassemble or modify the mobile device.
Do not ride if you have limited mobility ability
Mobile equipment may not be used for any type of testing or competition, towing or
pushing.
A specific travel
bike
must not be occupied for a long period of time in a manner that violates the
purpose of shared travel
bike
s.
You may not unlock or lock your mobile device in any way other than as specified by our
company.
Do not allow more than one person to ride in a
bike
at the same time.
If you have any physical or health problems, please do not ride in a mobility
device.
Please follow the instructions for riding the Mobility Service and other instructions
for using the Service displayed on our website or
the
Doudou
Bear App.
Before starting to ride
the Bear
Bike, Registered Users must check the following items regarding the use of the
Bear
Bike, as well as other check items displayed on the Service (including our website and
Bear Bike
App).
Braking operation
Is there a problem with the steering operation?
Check the front and rear tires for cuts, obvious wear, and correct air
pressure
Is the alarm clock (bell) working?
With or without rear reflector
Are the headlights on?
Check if the chain is loose or has fallen off
Is the saddle secure?
Is the smartphone holder firmly fixed?
The battery level is displayed in
the
Doudou
Bear app
/website , etc.
Battery level of smartphones on which registered users have installed the
Doudou Bear
app
/website
There are other defects
If the Registered User discovers any damage, poor maintenance or other defects in the
Mobile Service (hereinafter referred to as "Damage, etc."), he/she shall immediately contact the
Company and stop using the Mobile Service. If necessary, we may suspend the use of the Mobile
Service or take other measures, and the Registered User shall comply with our instructions. In
addition, if the Company determines that the Mobile Service cannot be continued and instructs the
Registered User to stop using the Mobile Service, the trip will end and the Registered User shall
pay the usage fee corresponding to that point in time.
If the Company determines that the damage to the Mobile
bike
was caused by the Registered User's intent or negligence, then, in addition to the
fines provided for in Article 16, the Registered User shall compensate the Company for all expenses
related to such act (including the cost of recovering and repairing the Mobile
bike
), an amount equal to the Company's lost profits during the period during which the
Mobile
bike
was not available for rental, and all other losses suffered by the Company. The
Registered User agrees that the Company may settle the amount specified in this paragraph by credit
card or other method specified by the Company.
the battery of
the
bike
runs out during use , the use period will not end, and the registered user will pay the use fee
for that period until
the
bike
is returned. The registered user agrees that the Company may settle the amount specified
in this paragraph by credit card or other method specified by the Company. Even in this case, the
registered user must move and return the mobile
bike
in accordance with the provisions of Article 4, paragraph 1, item (3). However, if
it is unavoidable, you will contact us and act in accordance with our instructions.
If the Registered User violates the provisions of Article 5, paragraph 3, item (5) by
parking or stopping the
bike
in a prohibited parking area during the ride, or if the Company determines that
the
bike
has been abandoned, the Registered User shall immediately move the
bike
out of the prohibited parking area, recover the
bike
that has been removed, or take other measures in accordance with the instructions
of the Company, and the Company may move, store, recover or take other measures regarding the
bike
. In addition, if an abandoned
bike
identification tag is attached to
the
bike
during the ride, the Registered User must immediately
report it to the police in accordance with applicable laws and regulations and deal with the
violation.
The Registered User shall not raise any objection to the Company regarding the measures
listed in the preceding paragraph, and shall pay to the Company all expenses incurred by the Company
as a result of such actions (including relocation expenses incurred when retrieving
the
bike
, fees for using paid parking lots or paid bicycle parking lots, fines or penalties for
violating parking regulations, etc.) in addition to the fines listed in Article 16, as well as usage
fees incurred until
the
bike
is returned , and abide by these Terms and Conditions. The Registered User agrees that the Company
may settle the amount specified in this paragraph by credit card or other method specified by the
Company.
a
bike
is stolen during a ride , the registered user should take the following actions.
Report the incident immediately to the nearest police station.
Report details of the theft and anything else we request to us immediately.
Promptly submit any documents or other information related to the theft requested by us
or our designated insurance company.
If the Company determines that the theft specified in the preceding paragraph was caused
by the intentional or negligent behavior of the Registered User, the Registered User shall
compensate the Company for all expenses related to such behavior (including the cost of purchasing a
replacement mobile tool and the cost incurred in finding a mobile tool), as well as the loss of
profits during the period when the Company was unable to lend the mobile tool due to the reasons
stated in this paragraph, and all other losses suffered by the Company. The Registered User agrees
that the Company may settle the amount specified in this paragraph by credit card or other method
specified by the Company.
If the Company determines that the Registered User (i) violates Article 5, Paragraph 3,
Item (14), or otherwise occupies the Mobility
bike
for purposes other than riding or engaging in similar activities, or (ii)
continues to ride, and the Company determines that the Usage Fee may not be properly paid to the
Company in consideration of the payment status of the Usage Fee and other circumstances, the Company
may require the Registered User to return the Mobility
bike
to the Company, reclaim the Mobility
bike
, force the Registered User to withdraw from the Service, or take other measures against
the Registered User. In such case, in addition to the fines provided for in Article 16, the
Registered User shall compensate the Company for all expenses incurred as a result of such actions,
loss of profits during the period during which the Company was unable to rent the Mobility
bike
Service due to the reasons listed in this paragraph, and all other losses suffered
by the Company. The Registered User agrees that the Company may settle the amount specified in this
paragraph by credit card or other method specified by the Company.
If an accident occurs during a ride, the Registered User shall take the measures
specified in the following sections regardless of the scale of the accident or the amount of
damage.
Immediately stop using travel services, provide medical assistance to injured persons,
and take other necessary measures to prevent road hazards.
Report the incident immediately to the nearest police station.
Immediately notify the Company and its designated insurance company
(
if any) of the details of the accident and any other matters required by
the Company
.
any documents or other supporting materials required by the Company or the insurance
company designated by the Company
(
if any) in a timely manner.
If you reach a settlement with a third party regarding the accident, you must obtain our
prior consent.
Other measures prescribed by laws and regulations
In addition to taking the measures specified in the preceding paragraph, the Registered
User shall be solely responsible for taking all actions necessary to resolve the
Incident.
Registered users shall be responsible for managing and preserving any information that
the Company deems necessary to verify the identity of registered users when using the Services
(hereinafter referred to as "Account Information"), and shall not allow third parties to use it, or
lend, transfer, change the name, sell or buy it. Registered users shall be responsible for any
losses caused by improper management of account information, incorrect use, use by third parties,
etc. If a registered user finds that his account information has been stolen or used by a third
party, he shall immediately notify the Company and follow the instructions of the
Company.
Registered Users shall prepare and maintain the necessary equipment such as smartphones,
computers, software, and communication environments such as communication lines required to use the
Service at their own expense and responsibility, and take security measures such as prevention of
computer virus infection, unauthorized access, and information leakage at their own expense and
responsibility according to their own service usage environment. When a Registered User installs the
Doudou
Bear
application or other software on his/her computer at the beginning of or during the use
of the Service, he/she must take adequate precautions to avoid loss or alteration of information
held by the Registered User, or malfunction or damage of the equipment.
Registered Users shall not engage in any of the following actions while using the
Service: Furthermore, if a Registered User intentionally or unintentionally engages in any of the
following actions, he/she must contact the Company immediately.
Any act that infringes upon the intellectual property rights, portrait rights, privacy
rights, reputation rights or other rights or interests of the Company, other registered users,
external service providers or other third parties (including any act that directly or indirectly
leads to such infringement).
Acts related to criminal acts or acts that violate public order and morality
Violation of laws, regulations or internal rules of the industry association to which
the company belongs
Falsifying information that may be used for the Services
Any action that may interfere with the operation of our services
In our mobile sharing system and website, the process of automatically collecting
information from websites using computer software technology, regardless of its name, such as web
scraping, web crawler, web spider or similar names. Other actions that may impose an excessive
burden on the system or affect the stable provision of services.
Any other conduct that the Company reasonably deems inappropriate
T
o the
Doudou Bear
Application, Mobility, our website and the Service belong to us or to our licensors, and
the use of the Service by Registered Users in accordance with the provisions of these Terms and
Conditions does not mean that we or our licensors transfer or license any intellectual property
rights related to the
Doudou Bear
Application, Mobility, our website or the Service to Registered Users, unless otherwise
expressly provided in these Terms and Conditions. Registered Users shall not engage in any actions
that may infringe the intellectual property rights of the Company or its licensors for any reason
(including but not limited to disassembly, decompilation and reverse engineering).
obtained by us or posted or otherwise transmitted by registered users through
Doudou Bear
App, our website or this service can be freely used by us free of charge (including
copying, duplicating, modifying, providing to third parties, sublicensing and any other purpose).
However, the Company will not disclose the registered user's driver's license data or other personal
information (i.e. personal information as defined in Article 2, Paragraph 1 of the Personal
Information Protection Act) to third parties, except as provided in the privacy policy posted on the
Company's website (
https://japanH5.doudouxiongapp.com/device
) (if the privacy policy is changed for any reason, the changed privacy policy will
apply) or as permitted by law.
Notwithstanding the provisions of the preceding paragraph, the Company may create
statistical data based on the Data in a manner that eliminates the correspondence between the Data
and the Registered User and makes it impossible to identify the Registered User (i.e., in a manner
that makes it impossible to identify the Registered User even when compared with other information)
and use the Data (including providing it to a third party) in order to provide services, improve
services, develop new businesses, or for other business purposes of the Company, and the Registered
User shall consent in advance to such use by the Company by agreeing to these Terms.
If a Registered User commits any of the following circumstances, we may temporarily
suspend the Registered User’s use of the Service or cancel the Registered User’s Service
registration without prior notice or warning.
If the Company determines that you have violated any provision of these Terms and
Conditions or are at risk of violating it (including situations where you have misrepresented your
age, submitted identification documents for others, sublet the
bike
, violated traffic regulations, failed to report a traffic accident to the police or the
Company, or failed to report to the police in accordance with laws and regulations to accept illegal
processing despite having an abandoned
bike
tag affixed).
If you want to use
the BearBike
and meet any of the requirements in Article 5, Section 1,
When a User uses or attempts to use the Service for a purpose or in a manner that may
cause damage to the Company, other Registered Users, External Service Providers, or other third
parties
If a registered user is no longer able to receive services or cooperate with an external
service provider due to violation of the terms of use of the external service or other
reasons.
If the operation of this service is interrupted in any way
If it is discovered that the person has been deregistered from the service or denied
access to the service in the past
If the Company determines that a person is a member of an antisocial force, or that
he/she has some kind of interaction or involvement with an antisocial force, such as assisting or
participating in the maintenance, operation, or management of an antisocial force through funding or
other means
If a party suspends or is unable to make payments, or an application is filed against a
party for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or any
similar proceeding;
When a bill of exchange or check issued or accepted by the person is dishonored, or when
a similar penalty such as suspension of transactions with a bill of exchange clearing agency is
imposed.
When applying for seizure, provisional seizure, provisional disposition, compulsory
execution or auction
If you are penalized for defaulting on taxes and public charges
Death or decision to commence guardianship, guardianship or assistance
If you have not used the Service for six months or more and have not responded to any
communications from us
Any other circumstances where the Company deems that the registered user is not suitable
to continue to use the Service or maintain registration for the Service.
If any of the preceding paragraphs apply to a Registered User, all debts owed by the
Registered User to the Company shall immediately and automatically become due and payable by the
Registered User to the Company.
If the Registered User violates these Terms or causes damage to a third party or the
Company through the use of the Service (including damage caused by a moving accident, damage to the
Port (including equipment installed by the Company at the Port to provide the Service) or
surrounding facilities or equipment, etc.), the Registered User shall be liable for
compensation.
If the Company compensates a third party for the losses specified in the preceding
paragraph due to reasons attributable to a registered user, the Company may demand compensation from
the registered user.
If a Registered User receives a complaint from another Registered User, an external
service provider or any other third party regarding his/her use of the Services, or has a dispute
with such person, the Registered User shall promptly notify the Company of the details of the
complaint and the Registered User shall deal with the complaint or dispute at its own expense and
responsibility and shall report progress and results to the Company upon request.
If the Company receives claims from other Registered Users, external service providers
or any other third party for infringement of rights or for any other reason related to the
Registered User's use of the Services, the Registered User must indemnify the Company for any
amounts that the Company is forced to pay to the third party as a result.
If the Registered User commits any of the following acts, the following penalties shall
be paid to the Company in addition to the damages stipulated in these Terms and
Conditions.
・If the Registered User returns the Mobility Tool to a
location other than the return location specified in the
Doudou
Bear App, etc. (excluding no-parking areas): 30,000 yen
・If the Registered User fails to promptly report the
details of the theft or accident or other matters requested by the Company at the time of the theft
or accident, or fails to promptly submit documents or other materials related to the theft or
accident requested by the Company and the insurance company designated by the Company: 30,000 yen
・If the Mobility Tool is parked in a no-parking area, etc.,
if an abandoned
bike
confirmation mark is affixed to the Mobility Tool during the ride, or if the
Company determines that the Mobility Tool has been abandoned: 50,000 yen
・If the Company determines that the Registered User has
intentionally or negligently damaged or stolen the Mobility Tool: 200,000 yen
If any of the following situations occur, we have the right to suspend or interrupt your
use of part or all of the Services without prior notice to registered users.
When performing regular or temporary inspection or maintenance work on computer systems,
mobility or ports related to the Service (including equipment installed by the Company at relevant
ports to provide the Service).
When a computer or communication line stops due to an accident
When the Service cannot operate normally due to force majeure such as fire, power
outage, natural disaster, etc.
When an external service fails, service provision is suspended or interrupted,
cooperation with this service is suspended, specifications are changed, etc.
When the Company determines that it is necessary to suspend or interrupt the service due
to events, weather conditions, traffic conditions, etc. in all or part of the service provision
area.
Other reasons that the Company deems necessary to suspend or interrupt the
service.
We may decide to terminate the provision of this service at our sole discretion. In this
case, we will notify registered users in advance.
The Registered User guarantees that he/she is not and will not become a member of any
antisocial forces, etc., and that he/she will not, by himself/herself or through a third party,
engage in violent demands, unreasonable demands beyond legal liability, threatening behavior or use
of violence in connection with transactions, spread rumors, use fraudulent means, or use power to
damage the company's reputation or interfere with the company's business, or other equivalent
behavior.
We do not guarantee the availability of
bike
s
(including but not limited to the existence of available
bike
s
and ports, remaining battery power, and the absence of damage). The service is provided
on an "as is" basis and the company does not make any warranties regarding the service, including
its fitness for a particular purpose, commercial usefulness, completeness, continuity,
etc.
When driving a mobile
bike
, the registered user shall be responsible for complying with the provisions of the Road
Traffic Law and other laws and regulations. If the registered user suffers damage due to violation
of these regulations or a mobile accident (regardless of whether it violates these regulations), the
company shall not bear any liability for damages.
the
Doudou
Bear Application, our website, other registered users
of the Service or other matters directly or indirectly from us , we will not provide any guarantees to the registered
user other than those set forth in these Terms and Conditions.
The Service may link to external services, but we do not guarantee such links and we are
not responsible if the Service fails to link to external services.
If the Service links to an external service, the Registered User shall bear the costs
and responsibilities and comply with the terms of use of the external service, and the Company shall
not be responsible for any disputes between the Registered User and the external service provider
providing the external service.
Registered Users shall be responsible for and bear the cost of investigating whether the
use of this Service constitutes a violation of any laws, regulations, internal rules of any industry
association, etc. applicable to Registered Users, and the Company does not guarantee that the use of
this Service by Registered Users will comply with any laws, regulations, internal rules of any
industry association, etc. applicable to Registered Users.
from the Service,
Doudou Bear
App or our website between registered users and other registered users, external service
providers or other third parties shall be handled and resolved by the registered users themselves,
and we do not assume any responsibility for such matters.
The Company shall not be liable for any compensation for any interruption, suspension,
termination, unavailability or change of the Services provided by the Company, the deletion or loss
of any communications, notifications or information from Registered Users, the cancellation of a
Registered User’s registration for the Services, any loss of data or equipment failure or damage
resulting from the use of the Services, any actions taken by the Company against Registered Users
based on these Terms and Conditions, or any other losses incurred by Registered Users in connection
with the Services.
If the
Doudou
Bear App or our website provides links to other websites, or other websites provide links to
the
Doudou
Bear App or our website, we are not responsible for any such other websites or the
information obtained from them for any reason.
Even if the Company stores any correspondence or notifications between the Company and
Registered Users or any other information relating to Registered Users for a period of time for
operational purposes, the Company is under no obligation to store such information and may delete
such information at any time. Furthermore, the Company shall not be liable for any losses suffered
by Registered Users as a result of deleting such information.
If the Company violates its obligations under these Terms or commits a tort when
providing services, thereby causing damages to the Registered User and being liable for
compensation, the provisions of the preceding paragraph and other provisions of these Terms that
exempt the Company from liability shall not apply. However, in such cases, unless the Company is
intentional or grossly negligent, the Company's liability for damages shall be limited to the total
amount of service usage fees actually received from the Registered User in the month before the
cause of the damage occurred.
In these Terms, "Confidential Information" means all information about the Company's
technology, sales, business, finance, organization and other matters that is provided or disclosed
to or known to Registered Users in written, oral or recorded media in connection with the Service
Agreement or the Services, as well as the existence and content of personal communications between
Registered Users and the Company. However, the following information shall not be deemed as
confidential information: (1) information that is already known to the public or known to you at the
time we provide, disclose or you know it; (2) information that becomes known to the public through
publication or other means after we provide, disclose or you know it, and not due to your fault; (3)
information that you lawfully obtain from a third party that has the right to provide or disclose
and is not subject to any confidentiality obligations; (4) information that you independently
develop without using confidential information; and (5) information that we have confirmed in
writing that it does not need to be kept confidential.
Registered Users may use Confidential Information only for the purpose of using the
Services and may not provide, disclose or divulge the Company’s Confidential Information to any
third party without the Company’s written consent.
Notwithstanding the provisions of paragraph 2, Registered Users may disclose
Confidential Information if required by law or by order, request or requirement of a court or
governmental agency. However, you must notify us immediately of any such order, request or
requirement.
When a Registered User copies documents or magnetic recording media containing
confidential information, he or she must obtain the Company's prior written consent and must manage
the copies strictly in accordance with the provisions of Paragraph 2.
Whenever requested by the Company, the Registered User must immediately return or
destroy the Confidential Information and any documents or other recording media containing or
including the Confidential Information and all copies thereof in accordance with the Company's
instructions.
This Service Agreement shall come into effect when the Registered User completes the
registration for the Service in accordance with Article 3 and shall remain valid between the Company
and the Registered User until the Registered User's registration for the Service is cancelled or the
provision of the Service is terminated (whichever is earlier).
We reserve the right to change the content of this Service at our
discretion.
We reserve the right to change these terms and conditions. If the Company changes these
terms and conditions, the Company will determine the effective date and notify the registered user
of the fact of the change, the content of the changed terms and conditions and the effective date by
notification or posting on the Company's website. In addition, if the registered user uses the
Service after such notification or posting, or fails to take measures to cancel his/her registration
for the Service within the time specified by the Company, the registered user will be deemed to have
agreed to the change in these terms and conditions. However, if these terms are changed due to laws
and regulations and the registered user's active consent is required, we will obtain the registered
user's consent in the manner prescribed by our company.
Inquiries or other communications or notifications from registered users regarding this
service shall be made in the manner otherwise specified by the Company, and such communications or
notifications shall be deemed effective from the date of receipt by the Company. Any losses caused
by the failure to deliver such communications or notifications shall be borne by the registered
user.
Any communication or notification we send to registered users regarding changes to these
Terms and Conditions will be made in the manner specified by us and will be deemed effective when
sent. Registered users will be liable for any disadvantages caused by failure to receive such
notification.
The Registered User may not assign, transfer, pledge or otherwise dispose of its
position under the Service Agreement or its rights or obligations under these Terms and Conditions
to a third party without the prior written consent of the Company.
If the Company transfers the business related to this Service to a third party (whether
through business transfer, corporate division or any other means), the Company may transfer its
position under the Service Agreement, its rights and obligations under these Terms and Conditions,
and all information such as the registration information of registered users to the transferee, and
the registered user hereby consents to such transfer in advance.
These Terms constitute the entire agreement between the Company and the Registered User
with respect to the matters contained in these Terms, and supersede all prior agreements,
representations and understandings, whether oral or written, between the Company and the Registered
User with respect to the matters contained in these Terms.
If any provision or part of this Agreement is determined to be invalid or unenforceable
under the Consumer Contracts Act or other laws and regulations, the remaining provisions of this
Agreement and the remaining parts of the provision determined to be invalid or unenforceable shall
continue in full force and effect, and the Company and the Registered User shall endeavor to modify
the invalid or unenforceable provision or part to the extent necessary to make it legal and
enforceable and to ensure the intent of the invalid or unenforceable provision or part and to ensure
the same legal and economic effect.
The provisions of Article 4, paragraph 2 (only in the case of unpaid amounts), Article
6, paragraphs 3 to 5, Articles 7 to 11, Article 13, Article 14, paragraphs 2 and 3, Article 15,
Article 16, Article 18, Article 19, Article 20 and Articles 23 to 29 shall remain in force after the
termination of the Service Agreement. However, Article 20 shall only be in force for three years
after the termination of the Service Agreement.
These Terms and Conditions shall be governed by the laws of Japan. Any disputes arising
out of or in connection with these Terms and Conditions shall be exclusively subject to the Osaka
District Court or Osaka Summary Court as the court of first instance.
If there are any matters not clarified in these Terms and Conditions or any doubts
regarding the interpretation of these Terms and Conditions, the Company and the Registered User
shall promptly resolve them through consultation in good faith.