User Terms
The user terms set forth on this page (“User Terms”) apply when users access or use the website (www.uber.com) (“Website”), the Services and Applications (see the definitions of these terms below; the same shall apply hereinafter), and all information, proposals, and/or operations provided through the Website, the Services and the Applications, are provided by Uber Japan Co., Ltd. The use of Uber Hourly Premier is subject to Uber Hourly Premier Terms and Conditions which are incorporated herein. The use of Reservation is subject to Reservation Service Terms and Conditions which are incorporated herein. For information provided under the Specified Commercial Transactions Act, please refer to this page. However, if users use UberEATS, not the User Terms below, the user terms of UberEATS apply. The following terms of use apply to Uber Teens.
For parents (legal representatives): https://www.uber.com/legal/en/document/?name=uber-teens-terms-of-use---parents-or-guardians&country=japan&lang=en
For teens: https://www.uber.com/legal/en/document/?name=uber-teens-terms-of-use---teens&country=japan&lang=en
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE APPLICATIONS AND/OR USING THE SERVICES.
Who Is the Other Party to the Agreement?
The other party to the Agreement is Uber Japan Co., Ltd., a private stock company incorporated under the laws of Japan having its registered headquarters at 1-9-10 Roppongi, Minato-ku, Tokyo (“Uber”).
Registration as a Travel Agent
Category of Operation：Domestic Travel
Registration Number：Registered to Tokyo Metropolitan Governor #2-6708
Date of Registration：September 26th, 2013
Effective Date：September 26th, 2023 to September 25th, 2028
Name：Uber Japan Co., Ltd.
Sales Office：Headquarters
Travel Supervisor：Yoshiaki Saegusa and Risa Kutsukake
Operating Hours：10:00-17:00 Weekdays
Customer Service：
E-mail address: supporttokyo@uber.com
Homepage: https://help.uber.com/
Online Operating Hours：24 hours
What Kind of Services Does Uber Provide?
Uber and/or its affiliates provide means and information that enable individuals who access or use the Services or the Applications (“Users”) to request transportation services. Such applications (“Applications”) that are downloaded and installed on a mobile device (smartphone) are provided and managed by Uber B.V., incorporated under the laws of the Netherlands, having its office at Burgerweeshuispad 301, 1076 HR Amsterdam, the Netherlands). All services provided by Uber and/or its affiliates to Users through the Applications are referred to as “Services” in these User Terms. The Services include:
- for arranged tours (such as Uber Taxi), arranging transportation services through intermediary (“Arranged Tours”)
- for packaged tours (such as Uber Premium), making itinerary and procuring transportation service and managing the itinerary (“Packaged Tours”).
How Are Agreements between Uber and Users Executed?
Users are deemed to agree with the User Terms by using the Applications or the Services and an agreement between the Users and Uber (“Agreement”) shall come into effect. In order to use the Applications or Services, the Users firstly need to register with a prescribed system. In order to make a registration, they need to provide Uber with their personal information such as mobile phone numbers and credit card data. After Users complete registration with the prescribed system, Uber creates a personal account that is accessible using a password set by them.
In addition to these User Terms, the Travel Agent Contract as specified separately by Uber [ https://uber-static.s3.amazonaws.com/web-fresh/legal/jp/201407UberJapanYakkan.pdf ] applies to tour contracts in relation to the Services. As for Arranged Tours, “arranged tour contract section (手配旅行契約の部)” applies, while as for Packaged Tours, “‘order-taking packaged tour contract section (受注型企画旅行契約の部)” applies.
Only persons of the legal age of adulthood or older may use Applications or Services (however, those aged 13 to 17 may use this application or service through an Uber Teens account under additional conditions). Persons who live in an area where they are prohibited from using the Applications or the Services due to an age limit set forth in laws and regulations, or where they are prohibited from executing this Agreement due to an age limit may not use the Services or the Applications until such a time as they meet the age limit. Users represent that, if they are individuals, they may individually execute an enforceable Agreement, or if they register on behalf of a corporation, they agree with the User Terms and execute an Agreement as a corporation and are entitled to register for the Services and the Applications.
How to Use the Services and the Applications.
Users may request Transportation Providers for transportation services using the Applications.
- For Arranged Tours, Transportation Providers means entities or individuals that provide transportation services which Uber arranges.
- For packaged Tours, Transportation Providers means entities or individuals that provide transportation services which Uber procures.
In order to make a request, their mobile device (smartphone) on which they have downloaded the Application needs to be equipped with a GPS receiver. This GPS receiver obtains the location data of Users and sends it to Transportation Providers. The Transportation Providers, at their discretion, determine whether they accept or refuse the request for transportation services from Users. They also determine whether they use the Applications to receive the request for transportation services from Users through them at their discretion. If they accept the request, the Users are notified through the Applications, and information related to the Transportation Providers, such as the Transportation Provider’s name, number of the vehicle’s number plate, and customer service score, is provided to the User, enabling the User to contact the Transportation Providers by phone. Using the Applications, Users may also monitor the location of Transportation Providers in real time until the Transportation Providers come to the riding spot.
Notice: Uber merely acts as a provider of the Applications, or a travel agent who conducts Arranged Tours or Packaged Tours. There is no employment relationship between Uber and Transportation Providers.
Use of the Applications or the Services.
Users guarantee that information provided to Uber is accurate and complete. Uber may verify the information provided, and refuse to provide Users with the Services and/or Uber B.V. refuse use of the Applications by Users, at any time without presenting a reason.
Users may not access the Services using a method other than permitted ones. Users are to confirm whether the Applications downloaded on their mobile device (smartphone) are authentic. If Users fail to conduct the confirmation and use an incompatible mobile device (smartphone) with the Applications or download the inappropriate version on their mobile device (smartphone), Uber and its affiliates have no responsibility or liability for damage suffered by the Users due to this. If Users are using the Services or the Applications using an incompatible device or an improper device, Uber reserves a right to terminate the provision of the Services to the Users or Uber B.V. terminate their use of the Applications.
For using the Applications or the Services, Users agree with the following items:
- Users use the Services or download the Applications only for their private use and do not let third parties use the Services or resell the Applications to third parties;
- Users do not permit third parties to use their accounts;
- Users do not transfer or assign their accounts to other individuals or corporations;
- Unless otherwise permitted by Uber in writing, Users may only possess one Account;
- Users do not use accounts whose rights are owned by third parties without appropriate permission;
- Users do not use the Services or the Applications for unlawful or improper purposes including transmission or restoration of illegal information and things;
- Users do not conduct acts that cause problems or inconvenience for third parties including freight companies or staff related to Uber or make them feel uncomfortable with regard to using the Services or the Applications;
- Users do not interfere with appropriate operation of systems and networks related to the Services;
- Users do not inflict damage to the Services or the Applications in any way;
- Users do not prepare or distribute a copy of the Applications or other Uber Contents (see the definition below; the same shall apply hereinafter) unless otherwise permitted by Uber in writing;
- Users confidentially and safely restore account passwords that permit access to the Services and the Applications, and ID information provided by Uber;
- If requested reasonably by Uber, Users provide Uber with a certification of ID information;
- If available in Users’ area, Users acknowledge that standard message transmission fees are charged when they request transportation services using SMS (short message service);
- Users do not use the Services or the Applications using an incompatible or improper device;
- Users comply with applicable laws and regulations in the country, prefecture, and municipality where they are when they use the Applications or the Services; and
- Users comply with the community guidelines, which may be modified from time to time by Uber in its sole discretion, set forth at https://www.uber.com/legal/ja/document/?name=general-community-guidelines&country=japan&lang=ja .
If Users violate any of the above items, Uber reserves the right to immediately terminate the provision of the Services to Users and their use of the Applications.
Users will be charged service fees by Uber and Transportation Providers as follows.
1. In an Arranged Tour, Users will pay travel business handling fees to Uber and the fees are set by Uber (if applicable), and transportation service fees (including tolls and parking fees, if applicable) to Transportation Providers and the fees are set by Transportation Providers. These fees are shown in the Applications or on the Website (if applicable. For Surcharge, please refer to this page). The indications of transportation service fees may be changed or updated if necessary and it is the User’s responsibility to refer to the latest fees. Uber may charge Users, on behalf of Transportation Providers, with transportation service fees (including tolls and parking fees, if applicable) provided by Transportation Providers to Users. In such cases, Payment of such fees made by Users to Uber shall be considered the same as payment made directly by Users to the Transportation Providers.
2. In a Packaged Tour, Users will pay a tour price (including tolls and parking fees, if applicable) to Uber that is set by Uber. The tour price is shown in the Applications.
Even with an upfront price, you may be charged a different amount than your upfront price (see here for details).
You may be charged cancellation fees by Uber on behalf of Transportation Providers or Uber itself after requests for transportation services from Users are accepted by Transportation Providers. The details of the cancellation policy can be found on https://help.uber.com/riders/article/%E3%82%AD%E3%83%A3%E3%83%B3%E3%82%BB%E3%83%AB%E3%83%9D%E3%83%AA%E3%82%B7%E3%83%BC%E3%81%AB%E3%81%A4%E3%81%84%E3%81%A6?nodeId=5f6415dc-dfdb-4d64-927a-66bb06bc4f82 (as amended by Uber from time to time).
Uber does not designate any portion of Users’ payment as a gratuity (tip). Users understand and agree that the provision of an additional payment as a gratuity is not obligatory but is voluntary. Where a User pays a gratuity to a Transportation Provider or its drivers, Uber may receive the gratuity on their behalf. In such cases, Payment of such gratuity made by Users to Uber shall be considered the same as payment made directly by Users to the Transportation Providers or its drivers.
Users agree that Uber may charge service fees for all services provided by Transportation Providers and Uber, and costs related thereto (including taxes, and delay damages, and gratuities (if applicable)) to User through the payment method accounts provided when they register for use of the Services (the payment method shall be specified by Uber. For the avoidance of doubt, Uber may not facilitate certain payment methods or any combination of payment methods.). Users may use the preferred payment method if Uber approves it. Users pay all service fees without delay and are, at any time, responsible for providing Uber with their valid payment method account information for payment of all service fees.
Uber uses a third party payment processor (“Payment Processor”) and links Users’ payment method accounts (e.g., credit card accounts) to the Applications and the Services. Payment or credit (if applicable) related to use of the Applications and the Services is handled in accordance with the User Terms as well as the terms and conditions of the Payment Processor and Users’ payment method providers (e.g., credit card companies), and personal information protection policies. Uber is not responsible or liable for any negligence by Payment Processor. In relation to use of the Services by Users, Uber obtains certain transaction information. This information is used only by Uber in accordance with the “Notification in connection with Personal Information Protection and Cookies.”
Users agree that they indemnify, defend, and hold Uber and its affiliates, and their respective directors, officers, employees, attorneys, representatives, licensors, and other users harmless from every claim, damage, loss, liability, and cost (including legal fees) arising from or in relation to:
1. Users’ breach and default of the terms and conditions of the User Terms, or applicable laws or regulations irrespective of whether they are set forth in the User Terms;
2. Users’ infringement of rights of third parties including Transportation Providers whom Users request transportation services from using the Applications; or
3. Users’ use or abuse of the Applications or the Services.
Notwithstanding the foregoing, Users are to comply with the responsibilities and liabilities under tour contracts that are governed by the Travel Agent Contracts as specified separately by Uber.
Uber does not represent and warrant that the contents of information, proposals, and/or the services provided to Users on the Website or through the Services and the Applications are errorless, up-to-date, accurate, or complete. Uber makes an effort to the extent it is reasonable to keep the Website, the Applications, and their Contents accessible, errorless, and updated; however, Uber does not guarantee that Users may use (the contents of) the Website and/or the Applications or that they have no faults, malware, or viruses, or that they are errorless, up-to-date, accurate, or complete.
Uber is not responsible or liable for any damage, including that caused by malware, viruses, or inaccuracy or incompleteness of the Website or the Applications, arising from or related to use of the Website or the Applications (or the fact that Users may not use them), or use of electronic means of communication through them (or the fact that Users may not use them).
When Users use electronic means of communication through the Website or the Applications, Uber also does not guarantee that, among other things, failure or delay of the electronic means of communication, blocking or operation of the electronic means of communication by a third party or by computer programs used in the electronic means of communication and transmission of viruses will not occur.
Uber does not represent and warrant anything other than that explicitly represented and warranted in this Agreement.
Uber is not responsible or liable for damage in relation to or arising from transportation services provided by Transportation Providers, or actions, acts, behavior, words and deeds, or negligence of the Transportation Providers’ side. Users shall submit to Transportation Providers complaints related to transportation services provided by them.
However, the foregoing provisions do not apply to any defaults or tortious acts of Uber arising from matters attributable to Uber. Even if Uber is liable to Users in connection with the Website or the Applications, Uber shall be liable only for ordinary and direct damages actually incurred by Users up to an aggregate amount of 2,000 USD (or the Japanese Yen equivalent of 2,000 USD), except for cases where such liability is incurred by Uber's willful conduct or gross negligence.
Further, Uber’s liability under the tour contract shall be governed by the Travel Agent Contracts as specified separately by Uber. For the avoidance of doubts, as for a package tour, Uber is subject to certain special indemnification stipulated in Art.29 of order-taking packaged tour contract.
Policies Related to Licensing, Limitations, and Copyrights.
The terms used in the User Terms refer to the following definitions:
“Content” means all posted or represented contents, including logos, icons, trademarks, texts, graphic texts, graphics, photos, images, videos, sounds, illustrations, music, software (including Applications), opinions, feedbacks, comments, patterns, links, questions, proposals, information, or other materials, etc.
“Uber Content” means content owned and used by Uber and its affiliates or licensors, and are provided through the Website, the Services, or the Applications. They include content licensed by third parties, but do not include User Content.
“User Content” means content that may be posted, uploaded, published, presented, or transmitted by Users, or that may be used on the Website or through the Services or the Applications.
“Collective Content” is a general term for Uber Content and User Content.
On condition that Users comply with the User Terms, Uber and/or its Affiliates grants a limited, non-exclusive, royalty-free and non-transferable license to them. Uber approves the following content:
1. viewing, downloading, or printing of Uber Content, which is not for profit and only for private use; and
2. viewing of User Content, which is not for profit and only for private use, and whose access is permitted by Uber.
Users may not grant a sublicense regarding license rights granted in the User Terms.
Users may not use, copy, remake, modify, create derivative works of, distribute, license, sell, transfer, publish, release, reproduce, transmit, stream, broadcast, or unlawfully use the Website, the Services, the Applications, or Collective Content unless expressly permitted by the User Terms. Users may not reuse any Collective Content unless prior written consent is obtained from Uber. No license or right is granted to Users, except for licenses and rights granted expressly in the User Terms.
Uber may permit Users to post, upload, publish, present, or transmit User Content on the Website, or through the Services or the Applications, in its sole discretion. User Content is considered to be non-confidential general information to the extent permitted under applicable laws and regulations. Accordingly, Uber shall have a non-exclusive and royalty-free right to use, reproduce, distribute, or disclose to a third party any User Content worldwide, irrespective of its objects or media, and Users grant the right to Uber to the extent permitted under applicable laws and regulations.
Users acknowledge that Uber merely functions as a passive mediator to distribute User Content, and is not responsible for details or accuracy of User Content and does not incur liability to compensate Users or any third parties. Uber does not continuously monitor User Content that are published by Users or that are controlled among Users, or incur liability to do so. Without limiting the foregoing, Users acknowledge and agree that any finding, opinion, comment, proposal, or other information indicated or written in User Content does not represent those of Uber’s.
User Content shall be used under the liability of Users in any case. Users represent and warrant that User Content posted or transmitted by Users is originally created by Users, are not the reproduction of any work of a third party, do not infringe any intellectual property right, privacy right, or personal right of a third party, and do not include any offensive or insulting content. Furthermore, Users represent and warrant that they are qualified to grant license provided in this section.
Users agree that they indemnify, defend, and hold Uber and its affiliates and their respective licensors harmless from every claim, damage, loss, liability, and cost (including legal fees) arising from or in relation to User Content posted or transmitted by Users, or other use of the Website, the Services, or the Applications by Users.
Uber reserves the right to block or erase (all or a part of) User Content (including details that infringe an intellectual property right, privacy right, or personal right of a third party, or that has a possibility to infringe thereof) in its sole discretion, posted or transmitted by Users, and that Uber determines to be not applicable to the User Terms or not acceptable to Uber.
Users also agree to inform Uber immediately in a written form, if any User Content is found to conflict with the User Terms. Users agree to provide sufficient information to Uber so that Uber may conduct an investigation into whether such User Content conflicts with the User Terms. Uber will make strong efforts to conduct such investigations, and will consider taking measures at Uber’s sole discretion; however, does not represent or warrant that it will block or erase (all or a part of) such User Content.
Subject to Users’ compliance with the User Terms, Uber B.V grants a limited, non-exclusive, and non-transferable license to Users at no charge, to download and install a copy of the Applications onto a mobile device (smartphone) that a User owns or controls, and to execute copying of such Applications only for the purpose of Users’ personal use.
Users must not:
1. grant License, sublicense, sell, resell, transfer, assign, distribute, use for profit, or provide a third party with the Services or the Applications in any way;
2. modify the Services or the Applications, or prepare derivative works based upon;
3. prepare “links” to the Services, or prepare “frames” or perform “mirroring” of the Applications to other servers, or to wireless or internet-based devices;
4. access Applications to implement reverse engineering, to prepare or create competing products or competing services, to prepare or create products using similar ideas, features, functions, or graphics to the Services or the Applications, or to reproduce ideas, features, functions, graphics of the Services or the Applications; or
5. start an automatic program or script including Web spiders, Web crawlers, Web robots, Webants, Web indexers, bots, viruses, worms, or programs conducting multiple server requests per second, and programs that interfere with the operation and/or execution of the Services or the Applications.
Users must not:
1. transmit spam or duplicate unsolicited E-mails;
2. transmit or save information or expressions that infringe copyright, or that is obscene, threatening, offensive, illegal, or unlawful, including information or expressions harmful to children, or information or expressions infringing privacy rights of third parties;
3. transmit or save information or data including software viruses, worms, “Trojan horses,” or other harmful computer codes, files, scripts, agents, or programs;
4. disturb or interfere with consistency or execution of the Website, the Applications, the Services, or data including thereof; and
5. try to access the Website, the Applications, the Services, or those related systems or networks improperly.
Uber has the right to conduct investigations any of violations listed above, and to file complaints or make allegations by applying laws and regulations to the maximum extent. Although Uber and/or its Affiliates does not incur an obligation to monitor access of the Website, the Services, the Applications, and Collective Content and its use by Users, or to reconsider or edit any Collective Content, Users acknowledge that Uber will verify Users’ compliance with the User Terms, and has a right to implement thereof in order to satisfy applicable laws and regulations, or directions or requirements of courts, administrative organizations, or other government agencies. Uber reserves the right to erase any Collective Content deemed to conflict with the User Terms or deemed to be harmful for the Website, the Services, and the Applications at its sole discretion, or to block access thereof, at any time, without prior notifications.
Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at www.uber.com/legal for the designated address and additional information.
Proprietary Rights of Intellectual Property.
Uber B.V. (and/or its affiliates and licensors) solely owns all rights, property rights, and interests regarding all intellectual property relating to the Website, the Applications, and the Services, and proposals, ideas, requests for improvement, feedback, recommendations and other information provided by other Users or third parties relating to the Website, the Applications, and the Services.
The User Terms do not constitute a transfer, and do not transfer any property rights relating to the Website, the Applications, and the Services, or intellectual property rights that Uber B.V. and its Affiliates owns to Users. The product names relating to the names of Uber, logos, the Applications, and the Services are trademarks of Uber B.V. or its affiliates, or third parties, and Users are not granted any right or license to use such product names.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. Once You click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Uber will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Uber. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or other operating system providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Agreement if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or other operating system-powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Relationship with Third Parties.
When using the Website, Applications, and Services, Users may be provided from time to time with a link to a Website owned and administered by a third party for initiating communications with the third party, subscribing products or services from the third party, accessing advertisements of the third party of the third party, and other purposes. The activities out of the Website, Applications, and Services connected from such links are not under Uber’s control.
When using the Website, Applications, and Services, Users may initiate communications with, subscribe products and/or services from, or access advertisements of third party service providers, advertisers, or sponsors who provide products and/or services through the link on the Website, Applications, and Services. The activities out of the Website, Applications, and Services from such links are not under Uber’s control. The Websites which Users access from such links have their own terms and conditions and policies in connection with personal information protection. Uber is not responsible for the contents and activities of such Websites and is not likely to be liable for damages, and the access to such Websites is at Users’ own risk.
From such Website, the Website’s own Cookie may be sent to Users to collect data and request the provision of personal information, so Users are recommended to confirm in advance the terms of use of such Website or its policies in connection with personal information protection before using the Website.
Term of the Agreement and Termination.
The Agreement between Uber and Users is executed without a term.
Users may terminate the Agreement at any time by completely deleting the Applications installed on Users’ mobile devices (smartphones) and making the Applications and Services unavailable. Users may delete their User Accounts at any time in accordance with the directions posted on Uber’s Website.
Uber may terminate the Agreement immediately at any time (by making Users’ Applications and Services unavailable) if:
1. Users breach any provision of the User Terms; or
2. Uber determines that Users are using the Applications or Services improperly.
Uber has no obligation to notify Users of the termination of the Agreement in advance. Following termination, notice thereof will be sent in accordance with the User Terms.
The provisions of “Indemnity”, “UBER’S LIABILITY.”, the license by Users and indemnification clause in “License by Users,” “Invalidity,” “Amendment to the Services and User Terms,” “Supplemental Terms,” “Notice”, “Transfer”, and “Governing Law and Dispute Resolution” shall survive the expiration or termination of the User Terms.
Even if any provision of the User Terms becomes void or unenforceable, the validity of the other provisions under the User Terms shall not be affected.
If any provision of the User Terms becomes void or unenforceable, instead of the provision, a provision that is acceptable considering various situations and corresponds to the original provision as much as possible will apply to both parties in view of the terms and purposes of the User Terms.
Amendment to the Services and User Terms.
Uber reserves the right to amend or replace any of the User Terms or the right to change, suspend, or stop the Services or Applications (including accessibility of the functions, databases, and the Contents) at its own discretion at any time, by posting a notice on the Website or sending a notice through the Services, Applications, or an email. Uber may place restrictions on any particular function and on the services and also limit access to all or part of the services, without an announcement or liability. Uber may modify part or all of the User Terms in accordance with the provisions of Article 548-4 of the Civil Code. In the event Uber modifies part or all of the User Terms, such modification will be disseminated in an appropriate way, such as by email and by posting them on our website, in accordance with the provisions of Article 548-4 of the Civil Code.
Supplemental terms (such as policies for a particular event, activity or promotion) may apply to certain Services, and such supplemental terms will be disclosed to Users in connection with the applicable Services. Users are deemed to accept those supplemental terms when Users use the Service after the disclosure, and supplemental terms are added to, and shall be deemed a part of, the User Terms for the purposes of the said Services. Supplemental terms shall prevail over the User Terms in the event of a conflict with the User Terms in relation to the said Services.
Uber may give notice to Users by means of a general notice on the Services or Applications, transmitting electronic mails to Users’ email addresses as described in the record of Uber’s Account Information, or sending letters by mail to Users’ addresses as described in the record of Uber’s Account Information. Users may give written notice to Uber at 1-9-10 Roppongi, Minato-ku, Tokyo, where Uber’s head office is located.
Users may not assign or transfer their rights and obligations and their contractual status under the User Terms without Uber’s prior written approval. Users shall agree that Uber may assign or transfer its rights and obligations or its contractual status (in whole or in part) under the User Terms to Uber’s subsidiaries or affiliates, acquirers of Uber’s equities, shares, business or assets, or successors by restructuring with Uber.
Notification of Personal Information Protection and Cookies.
According to the “Personal Information Protection Policy” that may view from the link https://www.uber.com/legal/ja/document/?name=privacy-notice&country=japan&lang=ja , Uber collects and processes personal data of the Website viewers and Application Users.
Governing Law and Dispute Resolution.
The User Terms shall be governed by the laws of Japan. For any dispute, claim, or controversy arising out of or in connection with the User Terms, breach or violation, termination, performance, interpretation, or validity of the User Terms, or the use of the Website, Services, or Applications, Uber shall exercise its rights in accordance with the provisions of the User Terms and the above shall be resolved by the Tokyo District Court as the agreed court of exclusive jurisdiction in the first instance.
Elimination of Anti-Social Forces.
Users declare Users are not, and Users are not involved in any transactions with, Anti-Social Forces (defined below). Users shall not engage in any transactions with Anti-Social Forces including criminal and extremist elements. If Users have unknowingly dealt with Anti-Social Forces, Uber may terminate this Agreement immediately without any liability. Anti-Social Forces means persons or entities which fall under any of the following items:
(a) an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; or
(b) a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above.
User terms for riders of Japanese ridesharing services
These terms and conditions (“Rideshare Terms”) apply to the access or use of the website (www.uber.com) (“Website”), Services, and Applications (as defined below) if such access or use is in relation to the Services. Please read these Rideshare Terms carefully before downloading our applications and using our services.
Please note that the above User Terms, instead of this Rideshare Terms, shall apply to our services regarding the private paid passenger transportation under with Article 78, Item 2 of the Road Transportation Act of Japan and the private car utilization business by taxi companies under Article 78, Item 3 of such act.
1. Who Is the Other Party to the Agreement?
The other party to the Agreement (as defined below) is Uber Japan Co., Ltd., a private stock company incorporated under the laws of Japan having its registered headquarters at 1-9-10 Roppongi, Minato-ku, Tokyo (“Uber”).
Registration as a Travel AgentCategory of Operation：Domestic Travel
Registration Number：Registered to Tokyo Metropolitan Governor #2-6708
Date of Registration：September 26th, 2013
Effective Date：September 26th, 2018 to September 25th, 2023
Name：Uber Japan Co., Ltd.
Sales Office：Headquarters
Travel Supervisor：Yoshiaki Saegusa and Risa Kutsukake
Operating Hours：10:00-17:00 Weekdays
Customer Service：
E-mail address: supporttokyo@uber.com
Homepage: https://help.uber.com/
Online Operating Hours：24 hours
2. What Kind of Services Does Uber Provide?
Uber and/or its affiliates provide you with information and the means to conduct ridesharing with third party drivers. You download and install applications provided and managed by Uber B.V., incorporated under the laws of the Netherlands, having its office at Burgerweeshuispad 301, 1076 HR Amsterdam, the Netherlands (“Applications”) on Users’ mobile device (smartphone or tablet, etc.) and may request such information and means through the Applications. These Rideshare Terms apply to such ridesharing and Uber connects private vehicle owners (“Drivers”) and individuals who desire to conduct ridesharing with such Drivers in accordance with these Rideshare Terms.
The services and the means to obtain information regarding ridesharing provided by Uber to you through the Applications are referred to as “Services” hereinafter.
3. How Are Agreements between Uber and you Executed?
You are deemed to agree with the Rideshare Terms by using the Applications or the Services and an agreement between you and Uber (“Agreement”) shall come into effect. In order to use the Applications or Services, you firstly need to register with a prescribed system. In order to make a registration, you need to provide Uber with certain personal information such as mobile phone number and credit card data. After you complete registration with the prescribed system, Uber creates you with a personal account that is accessible using a password selected by you.
Only persons of legal age of adulthood or older may use Applications or Services. If you live in an area where you are prohibited from using the Applications or the Services due to an age limit set forth in laws and regulations, or where you are prohibited from executing this Agreement due to an age limit, you may not use the Services or the Applications until such a time as you meet the age limit. You represent that, if you are individuals, you may individually execute an enforceable agreement, or if you register on behalf of a corporation, the corporation is governed by the Rideshare Terms and executes the Agreement, and you are entitled to register for the Services and the Applications on behalf of the corporation.
In addition to these Rideshare Terms, the Travel Agent Contract as specified separately by Uber [https://uber-static.s3.amazonaws.com/web-fresh/legal/jp/201407UberJapanYakkan.pdf] applies to tour contracts in relation to the Services.
4. How to Use the Services and the Applications.
You may request that Drivers provide a ridesharing service using the Applications. In order to use the Services, your mobile device (smartphone, tablets, etc.) on which you have downloaded the Applications needs to be equipped with a GPS receiver. This GPS receiver obtains your location and sends your location data to Drivers. The Drivers, at their discretion, determine whether they accept or refuse the request for ridesharing. They also determine whether they use the Applications to receive requests made through them, at their discretion. If the Drivers accept the request, you are notified through the Applications, and Drivers’ information such as the Driver’s name, number of the vehicle’s number plate, and service score, is provided to you, enabling you to contact the Drivers by phone. Using the Applications, you may also monitor the location of the Drivers in real time until the Drivers come to the riding spot.
Notice: Uber does not provide ridesharing services, and it is not a ridesharing services provider. Ridesharing is provided by Drivers independently and may be merely requested through the use of the Applications or the Services. Uber and/or its affiliates merely act as a provider of the Applications, or a travel agent who intermediates between you and Drivers, etc. Therefore, ridesharing between you and Drivers is conducted in accordance with all possible agreements executed between you and the Drivers. Uber never becomes a party to such agreements. There is no employment relationship between Uber and Drivers.
5. Use of the Applications or the Services.
You guarantee that your information provided to Uber is accurate and complete. Uber may verify the information provided, and refuse to provide you with the Services and/or Uber B.V. refuse use of the Applications by you, at any time without presenting a reason.
You may access the Services only using permitted means. You have an obligation to confirm whether the Applications downloaded on your mobile devices (smartphone, tablets, etc.) are authentic. If you fail to conduct the confirmation, possess a mobile device compatible with the Applications, or download an inappropriate version of the Application on your mobile devices, Uber has no responsibility or liability due to this . If you are using the Services or the Applications using an incompatible device with the Applications, or an improper device, Uber reserves a right to terminate the provision of the Services to you and your use of the Applications.
For using the Applications or the Services, you agree with the following items:
- You use the Services or download the Applications only for your private use, and do not let third parties use the Services or resell the Applications to third parties;
- You do not permit third parties to use your accounts;
- You do not transfer your account to other individuals or corporations;
- Unless otherwise permitted by Uber in writing, Users may only possess one Account;
- You do not use accounts whose rights are owned by third parties without appropriate permission;
- You do not use the Services or the Applications for unlawful or improper purposes (including, but not limited to, transmission or restoration of illegal information and things);
- You do not conduct acts that cause problems or inconvenience for third parties including freight companies or staff related to Uber or make them feel uncomfortable with regard to using the Services or the Applications;
- You do not interfere with appropriate operation of systems and networks related to the Services;
- You do not intend to inflict damage to the Services or the Applications in any way;
- You do not prepare or distribute a copy of the Applications and other Uber Contents (see the definition below; the same shall apply hereinafter) unless otherwise permitted by Uber in writing;
- You confidentially and safely retain account passwords that enable access the Services and the Applications, or ID information provided by Uber;
- If reasonably required by Uber, you provide Uber with a certification of ID information;
- You do not use the Services or the Applications using an incompatible device with the Applications or improper device.
- If available in your area, you acknowledge that standard message transmission fees are charged when you request ridesharing using SMS (short message service);
- You comply with applicable laws and regulations in the country, prefecture, and municipality where you are when you use the Applications or the Services; and
- Users comply with the community guidelines, which may be modified from time to time by Uber in its sole discretion, set forth at https://www.uber.com/legal/ja/document/?name=general-community-guidelines&country=japan&lang=ja .
If you violate any of the above rules, Uber reserves the right to immediately terminate the provision of the Services and the use of the Applications.
Uber may charge fees to you for the Services provided by Uber if applicable.
Drivers may charge fees to you. In this case, Uber may charge you the fees on behalf of Drivers. Payment of such fees made by Users to Uber shall be considered the same as payment made directly by Users to the Drivers.
These fees may be available through the Applications. These fees may be changed or updated if necessary. With respect to fees for Driver, please check latest fees at User’s responsibility.
Uber does not designate any portion of Users’ payment as a gratuity (tip). Users understand and agree that the provision of an additional payment as a gratuity is not obligatory but is voluntary. Where a User pays a gratuity to Drivers, Uber may receive the gratuity on behalf of Drivers. Payment of such gratuity made by Users to Uber shall be considered the same as payment made directly by Users to the Drivers.
Uber uses a third party payment processor (“Payment Processor”) and links your payment method accounts (e.g., credit card accounts) to the Applications and the Services (the payment method shall be specified by Uber. For the avoidance of doubt, Uber may not facilitate certain payment methods or any combination of payment methods.). Payment (including the payment of a gratuity) or credit (if applicable) related to use of the Applications and the Services is handled in accordance with these Rideshare Terms as well as the terms and conditions set forth by the Payment Processor and your payment method providers (e.g., credit card companies), and personal information protection policies. Uber is not responsible or liable for any negligence by Payment Processor. In relation to your use of the Services, Uber obtains certain transaction information. This information is only used by Uber in accordance with Uber’s “Notification in connection with Personal Information Protection and Cookies.”
You agree that you indemnify, defend, and hold Uber and its affiliates, and their respective officers, directors, employees, attorneys, representatives, licensors, and other users harmless from every claim, damage, loss, liability, and fee (including legal fees) arising from or in relation to the following acts:
1. Your breach and default of applicable laws or regulations, irrespective of whether they are set forth in these Rideshare Terms;
2. Your infringement of rights of third parties, including Drivers, arranged using the Applications; or
3. Your use or abuse of the Applications or the Services.
Notwithstanding the foregoing, you are to comply with the responsibilities and liabilities under tour contracts that are governed by the Travel Agent Contracts as specified separately by Uber.
Uber does not represent and warrant that the contents of information, proposals, and/or the services provided to Users on the Website or through the Services and the Applications are errorless, up-to-date, accurate, or complete. Uber makes an effort to the extent it is reasonable to keep the Website, the Applications and its Contents accessible, errorless and updated; however, Uber does not guarantee that you are able to use at any time (the contents of) the Website and the Applications or that they have no faults, malware, or viruses, or that they are errorless, up-to-date, accurate, or complete.
Uber is not responsible or liable for any damage, including that caused by malware, viruses, or inaccuracy or incompleteness of the Website or the Applications, arising from or related to use of the Website or the Applications (or the fact that you may not use them), or use of electronic means of communication through them.
When Users use electronic means of communication through the Website or the Applications, Uber also does not guarantee that, among other things, failure or delay of the electronic means of communication, blocking or operation of the electronic means of communication by a third party or by computer programs used in the electronic means of communication and transmission of viruses will not occur.
Uber does not represent and warrant anything other than that explicitly represented and warranted in this Agreement.
Drivers who provide you with ridesharing services are responsible for the quality of the ridesharing services requested through use of the Applications or the Services. Uber is, at any time, not responsible or liable for any damage in relation to or arising from services provided by Drivers, or actions, acts, behavior, words and deeds, or negligence of the Drivers’ side. You shall submit to Drivers complaints related to services provided by them.
However, the foregoing provisions do not apply to any defaults or tortious acts of Uber arising from matters attributable to Uber. Even if Uber is liable to Users in connection with the Website or the Applications, Uber shall be liable only for ordinary and direct damages actually incurred by Users up to an aggregate amount of 500 Euros (or the Japanese Yen equivalent of 500 Euros), except for cases where such liability is incurred by Uber's willful conduct or gross negligence.
Further, Uber’s liability under the tour contract shall be governed by the Travel Agent Contracts as specified separately by Uber.
9. Policies Related to Licensing, Limitations, and Copyrights.
The terms used in the Rideshare Terms refer to the following definitions:
“Content” means all posted or represented content, including, but not limited to, logos, icons, trademarks, texts, graphic texts, graphics, photos, images, videos, sounds, illustrations, music, software (excluding Applications), opinions, feedbacks, comments, patterns, links, questions, proposals, information, or other materials, etc.
“Uber Content” means contents owned and used by Uber and its affiliates or licensors, and are provided through the Website, the Services, or the Applications. Uber Content includes contents licensed by third parties, but does not include User Content.
“Users” means individuals who access or use the Services or the Applications.
“User Content” means content that may be posted, uploaded, published, presented, or transmitted by Users and may be available on the Website, or contents that may be available through the Services or the Applications.
“Collective Content” is a general term for Uber Content and User Content.
On condition that you comply with these Rideshare Terms, Uber and/or its Affiliates grants you the following limited, non-exclusive, royalty free and non-transferable license:
1. viewing, downloading, and printing of Uber Content, which is not for profit and only for private use; and
2. viewing of accessible User Content, which is not for profit and only for private use, and whose access is permitted by Uber.
You may not grant a sublicense regarding license rights granted in the Rideshare Terms.
You may not use, copy, remake, modify, make derivative works, distribute, license, sell, transfer, publish, release, reproduce, transmit, stream, broadcast, or unlawfully use the Website, the Services, the Applications, or Collective Content unless expressly permitted by the Rideshare Terms. You may not reuse any Collective Content unless prior written consent is obtained from Uber. No license or right is granted to you, except for licenses and rights granted expressly in the Rideshare Terms.
Uber may permit Users to post, upload, publish, present, or transmit User Content on the Website, or through the Services or the Applications, in its sole discretion. User Content is considered to be non-confidential general information to the extent permitted under applicable laws and regulations. Accordingly, Uber shall have a non-exclusive and royalty-free right to use, reproduce, distribute, or disclose to a third party any User Content worldwide, irrespective of their objects or media, and Users grant the right to Uber to the extent permitted under applicable laws and regulations.
You acknowledge that Uber merely transmits User Content, is not responsible for the details or accuracy of User Content, and does not incur liability to compensate you or any third parties. Uber does not continuously monitor User Content that are published by you or that are controlled among Users, or incur liability to monitor thereof. Without limiting the foregoing, you acknowledge and agree that any finding, opinion, comment, proposal, or other information indicated or written in User Content is not necessarily provided by Uber.
User Content shall be used at your liability in any case. You represent and warrant that User Content posted or transmitted by you are originally created by you, are not the reproductions of any work of a third party, do not infringe any intellectual property right, privacy right, or personal right of a third party, and do not include any offensive or insulting content. Furthermore, you represent and warrant that you are qualified to grant license provided in this section.
You agree that you indemnify, defend, and hold Uber and its affiliates and their respective licensors harmless from every claim, damage, loss, liability, and cost (including legal fees) arising from or in relation to the use of User Content posted or transmitted by you, or other use of the Website, the Services, or the Applications by you.
Uber reserves the right to block or erase anything that Uber determines to be not applicable to the Rideshare Terms or that is not acceptable to Uber (including details that infringe an intellectual property right, privacy right, or personal right of a third party, or that has a possibility to infringe thereof) in its sole discretion, from among (all or a part of) User Content posted or transmitted by you.
You also agree to inform Uber immediately in a written form, if any User Content that is found to conflict with the Rideshare Terms. You agree to provide sufficient information to Uber so that Uber may investigate whether such User Content conflicts with the Rideshare Terms. Uber will make strong efforts to conduct such investigations, and will make strong efforts to conduct such investigations, and will consider taking measures at Uber’s sole discretion. However, Uber does not represent or warrant that it will block or erase (all or a part of) such User Content.
Subject to your compliance with the Rideshare Terms, Uber B.V. grants you a limited, non-exclusive, and non-transferable license at no charge to download and install a copy of the Applications onto a mobile device (smartphone, tablets, etc.) that you own or control, and to execute copying of the Applications only for the purpose of your personal use.
You must not:
1. grant License, sublicense, sell, resell, transfer, assign, distribute, use for profit, or provide a third party with the Services or the Applications in any way;
2. modify the Services or the Applications, or prepare derivative works based upon;
3. prepare “links” to the Services, or prepare “frames” or perform “mirroring” of the Applications in other servers, or in wireless or internet-based devices;
4. access the Applications to implement reverse engineering, to prepare or create competing products or competing services, to prepare or create products using similar ideas, features, functions, or graphics to the Services or the Applications, or to reproduce ideas, features, functions, graphics of the Services or the Applications; or
5. start an automatic program or script (including but not limited to Web spiders, Web crawlers, Web robots, Web ants, Web indexers, bots, viruses, worms, or programs conducting multiple server requests per second), and programs that illegally interfere with the operation or execution of the Services or the Applications.
You must not:
1. transmit spam duplicate E-mails or unsolicited E-mails;
2. transmit or save information or expressions that infringe copyright, or that is obscene, threatening, offensive, or illegal or unlawful information or expression (including materials harmful to children, or materials infringing privacy rights of third parties);
3. transmit or save information or data including software viruses, worms, “Trojan horses,” or other harmful computer codes, files, scripts, agents, or programs;
4. disturb or interfere with consistency or execution of the Website, the Applications, the Services, or data including thereof; and
5. try to access the Website, the Applications, the Services, or those related systems or networks improperly.
Uber has the right to conduct investigations of any violations listed above, and to file complaints or make allegations by applying laws and regulations to the maximum extent. Although Uber and/or its Affiliates does not have an obligation to monitor access of the Websites, the Services, the Applications, or Collective Contents and their use by you, and to reconsider or edit any Collective Contents, you acknowledge that Uber will verify your compliance with the Rideshare Terms, and has a right to conduct the above-described acts of monitoring and reconsideration or editing in order to comply with applicable laws and regulations, or to satisfy directions or requirements of courts, administrative organizations, or other government agencies. Uber reserves the right to erase Corrective Contents deemed to conflict with the Rideshare Terms or deemed to be harmful for the Corrective Contents, or the Website, the Services, or the Applications at its sole discretion, or to block access thereof, at any time, without prior notifications.
Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at www.uber.com/legal for the designated address and additional information.
13. Proprietary Rights of Intellectual Property.
Uber B.V. (and/or its affiliates and licensors) solely owns all rights, property rights, and interests regarding all intellectual property, proposals, ideas, requests for improvement, feedback, and recommendations relating to the Website, the Applications, and the Services, and other information provided by you or other parties relating to the Website, the Applications, or the Services.
Uber does not conduct sales under the Rideshare Terms, and any property rights relating to the Website, the Applications, or the Services, or intellectual property rights that Uber B.V. and/or its affiliates own do not transfer to you. The product names relating to the names of Uber, logos, the Applications, and the Services are trademarks of Uber B.V., its affiliates, or third parties, and you are not granted any right or license to use such product names.
14. Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. Once You click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Uber will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Uber. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or other operating system providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Agreement if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or other operating system-powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
15. Relationship with Third Parties.
When using the Website, the Applications, and the Services, a link to a Website owned and administered by a third party may be provided from time to time, for the purpose of initiating communications with the third party, subscribing products or services from the third party, accessing advertisements of the third party, and other purposes. The activities out of the Website, the Applications, and the Services connected from such links are not under Uber’s control.
When using the Website, the Applications, and the Services, you may communicate with, subscribe products and/or services from, or access advertisements of third party service providers, advertisers, or sponsors who provide products and/or services through the link on the Website, the Applications, and the Services. The activities out of the Website, the Applications, and the Services from such links are not under Uber’s control. The Websites which you access from links have their own terms and conditions and policies in connection with personal information protection. Uber is not responsible for the contents and activities of such Websites and is not likely to be liable for damages, and the access to such Websites is at your own risk.
From such an external Website, the Website’s own Cookie may be sent to you to collect data and request the provision of personal information, so you are recommended to confirm in advance the terms of use of such Website or its policies in connection with personal information protection before using the Website.
16. Term of the Agreement and Termination.
The Agreement between Uber and you is executed without a term.
You may terminate the Agreement at any time by completely deleting the Applications installed on your mobile devices (smartphones, tablets, etc.) and making the Applications and the Services unavailable. You may delete their User Accounts at any time in accordance with the directions posted on Uber’s Website.
Uber may terminate the Agreement immediately at any time (by making your Applications and Services unavailable) if:
1. You breach any provision of the Rideshare Terms; or
2. Uber determines that you are using the Applications or the Services improperly.
Uber has no obligation to notify you of the termination of the Agreement in advance. Following termination, notice thereof will be sent in accordance with the Rideshare Terms.
The provisions of “7. Indemnity,” “8. Uber’s Liability,” the license by Users and indemnification clause in “10. License by Users,” “17. Invalidity,” “18. Amendment to the Services and Rideshare Terms,” “19. Supplemental Terms,” “20. Notice”, “21. Transfer”, and “23. Governing Law and Dispute Resolution” shall survive the expiration or termination of the Rideshare Terms.
Even if any provision of the Rideshare Terms becomes void, the validity of the other provisions under the Rideshare Terms shall not be affected.
If any provision of the Rideshare Terms becomes void or unenforceable, instead of the provision, a provision that is acceptable considering various situations and corresponds to the original provision as much as possible will apply to both parties in view of the terms and purposes of the Rideshare Terms.
18. Amendment to the Services and Rideshare Terms.
Uber reserves the right to amend or replace any of the Rideshare Terms and the right to change, suspend, or stop the Services or the Applications (including accessibility of the functions, databases, and the Contents) at its own discretion at any time, by posting a notice on the Website or sending a notice through the Services, the Applications, or an email. Uber may place restrictions on any particular function and on the Services and also limit access to all or part of the Services without an announcement, and is not liable therefor. Uber may modify part or all of the Rideshare Terms in accordance with the provisions of Article 548-4 of the Civil Code. In the event Uber modifies part or all of the Rideshare Terms, such modification will be disseminated in an appropriate way, such as by email and by posting them on our website, in accordance with the provisions of Article 548-4 of the Civil Code.
Supplemental terms (such as policies for a particular event, activity or promotion) may apply to certain Services, and such supplemental terms will be disclosed to Users in connection with the applicable Services. Users are deemed to accept those supplemental terms when Users use the Service after the disclosure, and supplemental terms are added to, and shall be deemed a part of, the Rideshare Terms for the purposes of the said Services. Supplemental terms shall prevail over the Rideshare Terms in the event of a conflict with the Rideshare Terms in relation to the said Services.
Uber may give notice to you by means of a general notice on the Services or Applications, transmitting electronic mails to your email address as described in the record of Uber’s Account Information, or sending letters by mail to your address as described in the record of Uber’s Account Information. You may give written notice to Uber at 1-9-10 Roppongi, Minato-ku, Tokyo, where Uber’s head office is located.
You may not assign or transfer your rights and obligations and their contractual status under the Rideshare Terms without Uber’s prior written approval. You must agree that Uber may assign or transfer its rights and obligations or its contractual status (in whole or in part) under the Rideshare Terms to Uber’s subsidiaries or affiliates, acquirers of Uber’s equities, shares, business or assets, or successors by restructuring with Uber
22. Notification of Personal Information Protection and Cookies.
According to the “Personal Information Protection Policy” that may view from the link https://www.uber.com/legal/ja/document/?name=privacy-notice&country=japan&lang=ja , Uber collects and processes personal data of the Website viewers and Application Users.
23. Governing Law and Dispute Resolution.
The Rideshare Terms shall be governed by the laws of Japan. For any dispute, claim, or controversy arising out of or in connection with the Rideshare Terms, breach or violation, termination, performance, interpretation, or validity of the Rideshare Terms, or the use of the Website, the Services, or the Applications, Uber shall exercise its rights in accordance with the provisions of the Rideshare Terms and the above shall be resolved by the Tokyo District Court as the agreed court of exclusive jurisdiction in the first instance.
24. Elimination of Anti-Social Forces.
You declare you are not, and you are not involved in any transactions with, Anti-Social Forces (defined below). You shall not engage in any transactions with Anti-Social Forces including criminal and extremist elements. If you have unknowingly dealt with Anti-Social Forces, Uber may terminate this Agreement immediately without any liability. Anti-Social Forces means persons or entities which fall under any of the following items:
(a) an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; or
(b) a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above.
User terms for riders using Lime on Uber in Japan (specified small motorized bicycle ride-sharing services provided by Lime on Uber applications)
These terms and conditions (“Lime on Uber User Terms”) apply to the access or use of the website (www.uber.com) (“Website”) and Applications (as defined below) if such access or use is in relation to the services of Lime on Uber (defined below). Please read these Lime on Uber User Terms carefully before downloading our applications and using our services.
Who Is the Other Party to the Agreement?
The other party to the Agreement (as defined below) is Uber Japan Co., Ltd., a private stock company incorporated under the laws of Japan having its registered headquarters at 1-9-10 Roppongi, Minato-ku, Tokyo (“Uber”).
What Kind of Services Does Uber Provide?
Uber and/or its affiliates provide the means and information to enable individuals who use Lime on Uber (“Users” or “you”) to request the use of specified small motorized bicycles for which leasing (ride-sharing) services are provided by the third party Lime Inc., a limited liability company registered in Japan (“Lime”). You download and install applications provided and managed by Uber B.V. (Uber B.V., incorporated under the laws of the Netherlands, having its office at Burgerweeshuispad 301, 1076 HR Amsterdam, the Netherlands) (“Applications”) on Users’ mobile device (smartphone) and may request such means and information through the Applications.
The services of Lime provided by Uber to you through the Applications are referred to as “Lime on Uber” hereinafter.
How Are Agreements between Uber and you Executed?
You are deemed to agree with these Lime on Uber User Terms by using Lime on Uber. In order to use Lime on Uber, you firstly need to register with a prescribed system. In order to make a registration, you need to provide Uber with certain personal information such as mobile phone number and credit card data. After you complete registration with the prescribed system, Uber creates for you a personal account that is accessible using a password selected by you.
Only persons of legal age of adulthood or older may use Lime on Uber. You represent that, if you are individuals, you may individually execute an enforceable agreement, or if you register on behalf of a corporation, the corporation agrees with these Lime on Uber User Terms and executes the Agreement.
How to Use the Applications When Using Lime on Uber.
By using the Applications, you may request the use of specified small motorized bicycles for which ride-sharing services are provided by Lime. In order to make a request, your mobile device (smartphone) on which you have downloaded the Applications needs to be equipped with a GPS receiver. Lime, at its discretion, determines whether it accepts or refuses requests from Users. It also determines whether it uses the Applications to receive requests made through them by Users, at its discretion. If the specified small motorized bicycles for which ride-sharing services are provided by Lime become available for use, you will be notified through the Applications.
Entities Which Provide Specified Small Motorized Bicycle Ride-Sharing Service and Terms of Use
Specified small motorized bicycle ride-sharing services are provided by Lime, and Uber does not provide specified small motorized bicycle ride-sharing services. Lime, at its discretion, determines whether it will provide specified small motorized bicycle ride-sharing services requested through the Applications. In providing Lime on Uber, Uber merely acts as a provider of the Applications. Uber does not own specified small motorized bicycles for which ride-sharing services are provided by Lime, and Uber shall not be liable for their management/arrangement, or for any issues that may arise or accidents that may occur, etc., in the event of a malfunction of any small motorized bicycles provided by Lime.
The use of specified small motorized bicycle ride-sharing service by Users is subject to the Terms of Use of Lime (https://www.li.me/ja-jp/user-agreement), the Rules and regulations for riding Lime (https://help.li.me/hc/en-us/articles/25378069433627-Rules-and-regulations-for-riding-Lime) , and any other terms and conditions for use prescribed by Lime. To the extent necessary in order to secure and facilitate compliance with the Road Traffic Act and other applicable laws and regulations, Lime will share with Uber information relating to the use of any application of Lime by Users.
Use of the Applications.
You guarantee that your information provided to Uber is accurate and complete. Uber may verify the information provided, and refuse to provide you with Lime on Uber and/or Uber B.V. may refuse use of the Applications by you, at any time without presenting a reason.
You may access Lime on Uber only using permitted means. You have an obligation to confirm whether the Applications downloaded on your mobile devices (smartphone) are authentic. If you fail to conduct the confirmation, use a mobile device that is incompatible with the Applications, or download an inappropriate version of the Application on your mobile device (smartphone), Uber and its affiliates have no responsibility or liability for damage incurred by you due to this. If you are using the Applications with an incompatible or improper device, Uber reserves the right to terminate the provision of Lime on Uber to you and the right for Uber B.V. to terminate your use of the Applications.
For using the Applications, you agree with the following items:
- You download the Applications only for your private use, and do not let third parties use the Applications or resell the Applications to third parties;
- You do not permit third parties to use your accounts;
- You do not transfer your account to other individuals or corporations;
- Unless otherwise permitted by Uber in writing, Users may only possess one Account;
- You do not use accounts whose rights are owned by third parties without appropriate permission;
- You do not use the Applications for unlawful or improper purposes (including, but not limited to, transmission or restoration of illegal information and things);
- You do not conduct acts that cause problems or inconvenience for third parties including Lime or staff related to Uber or make them feel uncomfortable with regard to using the Applications;
- You do not interfere with appropriate operation of systems and networks related to the Applications;
- You do not intend to inflict damage to the Applications in any way;
- You do not prepare or distribute a copy of the Applications and other Uber Contents (see the definition below; the same shall apply hereinafter) unless otherwise permitted by Uber in writing;
- You confidentially and safely retain account passwords that enable access to the Applications, or ID information provided by Uber;
- If reasonably required by Uber, you provide Uber with a certification of ID information;
- If available in your area, you acknowledge that standard message transmission fees are charged when you use SMS (short message service);
- You do not use the Applications with an incompatible or improper device;
- You comply with applicable laws and regulations in the country, prefecture, and municipality where you are when you use the Applications; and
- Users comply with the community guidelines, which may be modified from time to time by Uber in its sole discretion, set forth at .
If you violate any of the above rules, Uber reserves the right to immediately terminate the provision of Lime on Uber to you and/or the right for Uber B.V. to terminate your use of the Applications.
Payment.
Uber and Lime may charge fees to you for each of the Services as follows.
If Users use specified small motorized bicycles on a lease basis, Users shall pay to Lime the service fees as set by Lime. These fees are displayed in the Applications. It is the User’s responsibility to refer to the latest fees. Uber may charge you, on behalf of Lime, fees for the ride-sharing services provided by Lime to you, and costs related thereto (including taxes and delay damages). In such cases, payment of such fees made by Users to Uber shall be considered the same as payment made directly by Users to Lime.
Uber shall not charge Users service fees for using the Applications in relation to Lime on Uber.
Users agree that Uber, on behalf of Lime, may charge service fees for all services provided by Lime, , to User through the payment method accounts provided when Users register for use of Lime on Uber (the payment method shall be specified by Uber. For the avoidance of doubt, Uber may not facilitate certain payment methods or any combination of payment methods.). Users may use the preferred payment method if Uber approves it. Users pay all service fees without delay and are, at any time, responsible for providing Uber with their valid payment method account information for payment of all service fees.
Uber uses a third party payment processor (“Payment Processor”) and links your payment method accounts (e.g., credit card accounts) to the Applications. Payment or credit (if applicable) related to use of the Applications is handled in accordance with these Lime on Uber User Terms as well as the terms and conditions set forth by the Payment Processor and your payment method providers (e.g., credit card companies), and personal information protection policies. Uber is not responsible or liable for any negligence by Payment Processor. In relation to your use of Lime on Uber, Uber obtains certain transaction information. This information is only used by Uber in accordance with Uber’s “Notification in connection with Personal Information Protection and Cookies.”
Indemnity.
You agree that you indemnify, defend, and hold Uber and its affiliates, and their respective officers, directors, employees, attorneys, representatives, licensors, and other users harmless from every claim, damage, loss, liability, and fee (including legal fees) arising from or in relation to the following acts:
1. Your breach and default of the provisions of these Lime on Uber User Terms, or applicable laws, regulations, or restrictions, irrespective of whether they are set forth in these Lime on Uber User Terms;
2. Your infringement of rights of third parties, including Lime; or
3. Your use or abuse of the Applications.
Uber’s Liability.
Uber does not represent and warrant that the contents of information, proposals, and/or the services provided to Users on the Website or through Lime on Uber and the Applications are errorless, up-to-date, accurate, or complete. Uber makes an effort to the extent it is reasonable to keep the Website, the Applications, and Contents thereof accessible, errorless and updated; however, Uber does not guarantee that you are able to use at any time (the contents of) the Website and the Applications or that they have no faults, malware, or viruses, or that they are errorless, up-to-date, accurate, and complete.
Uber is not responsible or liable for any damage, including that caused by malware, viruses, or inaccuracy or incompleteness of the Website or the Applications, arising from or related to use (or impossibility of use) of the Website or the Applications, or use (or impossibility of use) of electronic means of communication through them.
When Users use electronic means of communication through the Website or the Applications, Uber also does not guarantee that, among other things, failure or delay of the electronic means of communication, blocking or operation of the electronic means of communication by a third party or by computer programs used in the electronic means of communication and transmission of malware or viruses will not occur.
Uber does not represent and warrant anything other than that explicitly represented and warranted in these Lime on Uber User Terms.
Lime is responsible for the quality of the ride-sharing services requested through Lime on Uber. Uber is, at any time, not responsible or liable for any damage in relation to or arising from ride-sharing services provided by Lime, or actions, acts, behavior, words and deeds, or negligence of Lime. You shall submit to Lime any complaints related to ride-sharing services provided by Lime. In the event that a User submits to Uber any complaint related to ride-sharing services provided by Lime, Uber shall share the complaints with Lime, and Lime shall address the complaints.
However, the foregoing provisions do not apply to any defaults or tortious acts of Uber arising from matters attributable to Uber. Even if Uber is liable to Users in connection with the use of the Applications in using Lime on Uber, Uber shall be liable only for ordinary and direct damages actually incurred by Users and up to an aggregate amount of 2,000 USD (or the Japanese Yen equivalent of 2,000 USD), except for cases where such liability is incurred by Uber's willful conduct or gross negligence.
Policies Related to Licensing, Limitations, and Copyrights.
The terms used in these Lime on Uber User Terms refer to the following definitions:
“Content” means all posted or represented content, including, but not limited to, logos, icons, trademarks, texts, graphic texts, graphics, photos, images, videos, sounds, illustrations, music, software (excluding Applications), opinions, feedbacks, comments, patterns, links, questions, proposals, information, or other materials, etc.
“Uber Content” means contents owned and used by Uber and its affiliates or licensors, and are provided through the Website, Lime on Uber, or the Applications. Uber Content includes contents licensed by third parties, but does not include User Content.
“User Content” means content that may be posted, uploaded, published, presented, or transmitted by Users and may be available on the Website, or contents that may be available through Lime on Uber or the Applications.
“Collective Content” is a general term for Uber Content and User Content.
On condition that you comply with these Lime on Uber User Terms, Uber and/or its affiliates grants you the following limited, non-exclusive, royalty free and non-transferable license:
1. viewing, downloading, and printing of Uber Content, which is not for profit and only for private use; and
2. viewing of accessible User Content, which is not for profit and only for private use, and whose access is permitted by Uber.
You may not grant a sublicense regarding license rights granted in these Lime on Uber User Terms.
You may not use, copy, remake, modify, make derivative works, distribute, license, sell, transfer, publish, release, reproduce, transmit, stream, broadcast, or unlawfully use the Website, Lime on Uber, the Applications, or Collective Content unless expressly permitted by these Lime on Uber User Terms. You may not reuse any Collective Content unless prior written consent is obtained from Uber. No license or right is granted to you, except for licenses and rights granted expressly in these Lime on Uber User Terms.
License Granted by Users.
Uber may permit Users to post, upload, publish, present, or transmit User Content on the Website, or through the Applications when using Lime on Uber, in its sole discretion. User Content is considered to be non-confidential general information to the extent permitted under applicable laws and regulations. Accordingly, Uber shall have a non-exclusive and royalty-free right to use, reproduce, distribute, or disclose to a third party any User Content worldwide, irrespective of their objects or media, and Users grant the right to Uber to the extent permitted under applicable laws and regulations.
You acknowledge that Uber merely functions as a passive mediator to distribute User Content, and is not responsible for the details or accuracy of User Content and does not incur liability to compensate you or any third parties. Uber does not continuously monitor User Content that are published by Users or that are controlled among Users, and Uber does not have an obligation to monitor such User Content. Without limiting the foregoing, you acknowledge and agree that any finding, opinion, comment, proposal, or other information indicated or written in User Content does not represent those of Uber.
User Content shall be used at your liability in any case. You represent and warrant that User Content posted or transmitted by you is originally created by you, is not reproduction of any work of a third party, does not infringe any intellectual property right, privacy right, or personal right of a third party, and does not include any offensive or insulting content. Furthermore, you represent and warrant that you are qualified to grant license provided in this section.
You agree that you will indemnify, defend, and hold Uber and its affiliates and their respective licensors harmless from every claim, damage, loss, liability, and cost (including legal fees) arising from or in relation to the use of User Content posted or transmitted by you, or other use of the Website, Lime on Uber, or the Applications by you.
Uber reserves the right to block or erase (all or a part of) User Content posted or transmitted by you (which includes details that infringe or may infringe an intellectual property right, privacy right, or personal right of a third party) that Uber determines does not conform to these Lime on Uber User Terms or that is not acceptable to Uber, in its sole discretion.
You also agree to inform Uber immediately in a written form, if any User Content is found to conflict with these Lime on Uber User Terms. You agree to provide sufficient information to Uber so that Uber may investigate whether such User Content conflicts with these Lime on Uber User Terms. Uber will make efforts, with the best intentions, to conduct such investigations, and will consider taking measures at Uber’s sole discretion. However, Uber does not represent or warrant that it will block or erase (all or a part of) such User Content.
License of Applications.
Subject to your compliance with these Lime on Uber User Terms, Uber B.V. grants you a limited, non-exclusive, royalty-free and non-transferable license to download and install a copy of the Applications onto a mobile device (smartphone) that you own or control, and to run any downloaded and installed copy of the Applications only for the purpose of your personal use.
You must not:
1. license, sublicense, sell, resell, transfer, assign, distribute, use for profit, or provide a third party with the Applications in any way;
2. modify the Applications, or prepare derivative works based upon the Applications;
3. create “links” to Lime on Uber, or create “frames” or perform “mirroring” of the Applications in other servers, or in wireless or internet-based devices;
4. access the Applications to implement reverse engineering, to create or produce competing products or competing services, to create or produce products using ideas, features, functions, or graphics similar to the Applications, or to reproduce ideas, features, functions, or graphics of Lime on Uber or the Applications; or
5. start an automatic program or script (including but not limited to Web spiders, Web crawlers, Web robots, Web ants, Web indexers, bots, viruses, worms, or programs conducting multiple server requests per second), and programs that illegally interfere with the operation and/or execution of the Applications.
You must not:
1. transmit spam or duplicate E-mails or other unsolicited E-mails;
2. transmit or save information that infringes copyright, or that is obscene, threatening, offensive, illegal, or unlawful (including information harmful to children, or information infringing privacy rights of third parties);
3. transmit or save information or data including software viruses, worms, “Trojan horses,” or other harmful computer codes, files, scripts, agents, or programs;
4. disturb or interfere with consistency or execution of the Website, the Applications, or data included therein; and
5. try to access the Website, the Applications, or systems or networks related thereto improperly.
Uber has the right to conduct investigations of any violations listed above, and to file complaints or make allegations by applying laws and regulations to the maximum extent. Although Uber and/or its affiliates does not have an obligation to monitor your access to or use of the Websites, the Applications, or Collective Content, or to reconsider or edit any Collective Content, you acknowledge that in relation to its operation of the Website and the Applications, Uber will verify your compliance with these Lime on Uber User Terms, and has a right to conduct the above-described acts of monitoring and reconsideration or editing in order to comply with applicable laws and regulations, or to satisfy directions or requirements of courts, administrative organizations, or other government agencies. Uber reserves the right to erase Collective Content deemed to conflict with these Lime on Uber User Terms or deemed to be harmful for the Website or the Applications at its sole discretion, or to block access thereto, at any time, without prior notifications.
Copyright Policy.
Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal/en/ for the designated address and additional information.
Proprietary Rights of Intellectual Property.
Uber B.V. (and/or its affiliates and licensors) solely owns all rights, property rights, and interests regarding all intellectual property relating to the Website and the Applications, and regarding proposals, ideas, requests for improvement, feedback, recommendations, and other information provided by you or other third parties relating to the Website or the Applications.
These Lime on Uber User Terms do not constitute a transfer, and do not transfer to you, any property rights relating to the Website or the Applications, or any intellectual property rights that Uber B.V. or any of its affiliates owns. The name and logos of Uber and/or its affiliates, and product names relating to the Applications are trademarks of Uber B.V., its affiliates, or third parties, and you are not granted any right or license to use these names or logos.
Third Party Services and Content.
Lime on Uber may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policies of that website, destination, or third-party service provider. Uber will not warn you that you have left Lime on Uber or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of Lime on Uber and are not controlled by Uber. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or other operating system providers and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Agreement if you access Lime on Uber using Applications developed for Apple iOS, Android, Microsoft Windows, and/or other operating system-powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of Lime on Uber in any manner. Your access to Lime on Uber using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Relationship with Third Parties.
When using the Website and the Applications, a link to a website owned and administered by a third party may be provided from time to time, for the purpose of initiating communications with the third party, subscribing to products or services from the third party, accessing advertisements of the third party, and other purposes. Activities at any site outside the Website and the Applications connected from such links are not under Uber’s control.
When using the Website and the Applications, you may initiate communication with, subscribe to products and/or services from, or access advertisements of third party service providers, advertisers, or sponsors who provide products and/or services through the link on the Website and the Applications. The activities at any site outside the Website and the Applications connected from such links are not under Uber’s control. The websites which you access from links have their own terms and conditions and policies in connection with personal information protection. Uber is not responsible for the contents and activities of such websites and will not be held liable for damages, and the access to such websites is at your own risk.
From such an external website, the website’s own Cookie may be sent to you to collect data and request the provision of personal information, so you are recommended to confirm in advance the terms of use of such website or its policies in connection with personal information protection before using the website.
Term of the Agreement and Termination.
The Agreement between Uber and you is executed without a term.
You may terminate the Agreement at any time by completely deleting the Applications installed on your mobile devices (smartphones) and making the Applications unavailable. You may delete your user accounts at any time in accordance with the directions posted on Uber’s Website.
Uber may terminate the Agreement immediately at any time (by making Lime on Uber or the Applications unavailable) if:
1. You breach the Road Traffic Act or any other law or regulation while using Lime on Uber or Lime App
2. You breach any provision of these Lime on Uber User Terms or any user rules or any other rules separately prescribed by Lime; or
3. Uber determines that you are using the Applications improperly.
Uber has no obligation to notify you of the termination of the Agreement in advance. Following termination, notice thereof will be sent in accordance with these Lime on Uber User Terms.
The provisions of the “Indemnity,” “Uber’s Liability,” clauses regarding licenses granted by Users and indemnification in “License Granted by Users,” “Invalidity,” “Amendment to the Services and Lime on Uber User Terms,” “Supplemental Terms,” “Notice”, “Transfer,” and “Governing Law and Dispute Resolution” shall survive the expiration or termination of these Lime on Uber User Terms.
Invalidity.
Even if any provision of these Lime on Uber User Terms becomes void or unenforceable, the validity of the other provisions under these Lime on Uber User Terms shall not be affected.
If any provision of these Lime on Uber User Terms becomes void or unenforceable, instead of the provision, a provision that is acceptable considering various situations and that corresponds to the original provision as much as possible will apply to both parties in view of the terms and purposes of these Lime on Uber User Terms.
Amendment to the Services and Lime on Uber User Terms.
Uber reserves the right to amend or replace any of these Lime on Uber User Terms and the right to change, suspend, or stop Lime on Uber or the Applications (including accessibility of the functions, databases, and the Content) at its own discretion at any time, by posting a notice on the Website or sending a notice through the Applications or an email. Uber may place restrictions on any particular function and service and also limit access to all or part of the service without an advance announcement, and is not liable therefor. Uber may modify part or all of these Lime on Uber User Terms in accordance with the provisions of Article 548-4 of the Civil Code. In the event Uber modifies part or all of these Lime on Uber User Terms, such modification will be disseminated in an appropriate way, such as by email or by posting it on its website, in accordance with the provisions of Article 548-4 of the Civil Code.
Supplemental Terms.
Supplemental terms (such as policies for a particular event, activity or promotion) may apply to certain services of Lime on Uber, and such supplemental terms will be disclosed to Users in connection with the applicable services of Lime on Uber . Users are deemed to accept those supplemental terms when Users use Lime on Uber after the disclosure, and supplemental terms are added to, and shall be deemed a part of, these Lime on Uber Terms for the purposes of Lime on Uber. Supplemental terms shall prevail over these Lime on Uber User Terms in the event of a conflict between supplemental terms and these Lime on Uber User Terms arising in relation to the Lime on Uber.
Notice.
Uber may give notice to you by means of a general notice on the Applications, transmitting electronic mails to your email address as described in the record of Uber’s Account Information, or sending letters by mail to your address as described in the record of Uber’s Account Information. You may give written notice to Uber at 1-9-10 Roppongi, Minato-ku, Tokyo, where Uber’s head office is located.
Transfer.
You may not assign or transfer your rights and obligations and your contractual status under these Lime on Uber User Terms without Uber’s prior written approval. You must agree that Uber may assign or transfer its rights and obligations or its contractual status (in whole or in part) under these Lime on Uber User Terms to Uber’s subsidiaries or affiliates, acquirers of Uber’s business, or successors to Uber under restructuring of Uber’s business.
Notification of Personal Information Protection and Cookies.
According to the “Uber and Lime Data Sharing Policy,” which can be accessed by using the following link: https://help.uber.com/emobility/article/uber-and-lime-data-sharing-policy?nodeId=689776f9-c228-455c-97af-a17b494089ac, Uber shares personal data of the Application Users with Lime.
According to the “Personal Information Protection Policy,” which can be accessed by using the following link: https://www.uber.com/legal/ja/document/?name=privacy-notice&country=japan&lang=ja, Uber collects and processes personal data of the Website viewers and Application Users.
Governing Law and Dispute Resolution.
These Lime on Uber User Terms shall be governed by the laws of Japan. For any dispute, claim, or controversy arising out of or in connection with these Lime on Uber User Terms, breach or violation, termination, performance, interpretation, or validity of these Lime on Uber User Terms, or the use of the Website, Lime on Uber, or the Applications, Uber shall exercise its rights in accordance with the provisions of these Lime on Uber User Terms and the above shall be resolved by the Tokyo District Court as the agreed court of exclusive jurisdiction in the first instance.
Elimination of Anti-Social Forces.
You declare that you are not, and you are not involved in any transactions with, Anti-Social Forces (defined below). You shall not engage in any transactions with Anti-Social Forces including criminal and extremist elements. If you have unknowingly dealt with Anti-Social Forces, Uber may terminate this Agreement immediately without any liability. Anti-Social Forces means persons or entities which fall under any of the following items:
(a) an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; or
(b) a person who themselves or through the use of third parties makes a demand with violence or an unreasonable demand beyond its legal entitlement, uses intimidating words or actions or violence, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraud, or conducts any other equivalent actions of above.
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