Terms of Service

• Last updated: June/16/2014
  NAVITIME JAPAN Co., Ltd.
  
  "Terms of Service" is originally prepared in the Japanese language. This document is an English translation provided for your convenience only, and shall not bind you and the Company.
  
  "NAVITIME " or "DRIVE SUPPORTER " (referred to as the "Service") shall be provided to you in accordance with these terms and conditions (collectively referred to as the "Terms") specified by NAVITIME JAPAN Co., Ltd. (referred to as the "Company"). You may use the Service upon accepting the Terms. The Terms shall be deemed to have been accepted by you, if you start to use the Service.
  

Article 1　Service

• 1.You may use the route search service, map search service and other services that are selected by the Company through the Service.
• 2.The Service consists of the service which incurs service fees (referred to as the "Charged Service"), and the free service that do not require service fees (referred to as the "Free Service").

Article 2　Completion of the Charged Service Agreement

• You shall complete the registration procedure specified by the Company if you use the Charged Service. Upon completion of the registration procedure, the agreement for the Charged Service between you and the Company (referred to as the "Charged Service Agreement") shall become effective.

Article 3 Prohibited Uses

• You shall not do any of the following with respect to the Service and the software, documents, data, pictures, characters, logos, etc. that are used in the Service:
  1) directly seek money and other commercial interests using the Service;
  2) delete or modify any product marking, copyright notice, other warnings, or any restrictions under the proprietary rights;
  3) copy, distribute, publicly transmit, modify, translate, adapt or make derivative works;
  4) transfer, sell, assign or otherwise dispose of to any third parties;
  5) sub-license, lease or in another manner have a third party use without prior written consent of the Company;
  6) reverse engineer, decompile or disassemble;
  7) disrupt the operation of the Service or damage the credibility of the Service or do anything that may possibly lead to or result in such a situation;
  8) post the personal information of you or other third parties;
  9) violate any laws and regulations or do anything that may possibly lead to or result in such a situation;
  10) in a manner other than that of the preceding items, infringe, limit, disrupt the rights of the Company or a third party or do anything that may possibly lead to or result in such a situation; or
  11) other acts that the Company deems to be inappropriate.

Article 4　ID and Password

• When you use the Charged Service and other features, you may obtain an ID　and password specified by the Company (collectively referred to as the "ID and Password "). You shall be responsible for managing the ID and Password, and may not cause a third party to use, or provide, transfer, change the name of, sell or other dispose of, the same.

Article 5　Warning and Caution for Use

• 1.General
  1)You may not receive the Service because of the inability of your device (referred to as the "Device") to receive electromagnetic waves or other functional limitations.
  2)Information regarding maps, routes, traffic regulations, road conditions, operating status, timetables, facilities, event, weather, etc. (collectively referred to as the "Service Information") which are provided by means of screen display, voice guidance, etc. (referred to as "Display, etc.") through the Service may differ from the actual status at time of use and may not be accurate. The provision of and the content of the Service Information may be modified without notice to you.
  3)In the Service Information, the information, images posted from the user of the Service (collectively referred to as the "Posting Information") are included in. Please use the Writing Information as reference information only by checking the contents of Article 6.
  4)Among the coverage areas or countries of the Service, there are certain locations for which Service Information may not be provided.
• 2.DRIVING, WALKING, ETC. WARNING!
  1)USING YOUR DEVICE OR WATCHING THE DISPLAY WHILE DRIVING A CAR, MOTORCYCLE, BICYCLE, ETC. OR WALKING IS VERY DANGEROUS. STOP AT A SAFE PLACE WHEN USING YOUR DEVICE OR WATCHING THE DISPLAY TO ACCESS AND USE THE SERVICE. FURTHERMORE, NOTE THAT WATCHING THE DISPLAY OF YOUR DEVICE WHILE DRIVING A CAR, A MOTORCYCLE, ETC. MAY VIOLATE THE ROAD TRAFFIC ACT.
  2)STRICTLY OBEY TRAFFIC SIGNALS, TRAFFIC SIGNS, ROAD INDICATIONS AND OTHER TRAFFIC REGULATIONS AND ROAD CONDITIONS.
  3)INFORMATION PROVIDED REGARDING TRAFFIC REGULATIONS PRIMARILY APPLIES ONLY TO ORDINARY MOTOR VEHICLES AND NOT FOR LARGE-SIZE MOTOR VEHICLES, TWO-WHEELED MOTOR VEHICLES, ETC.
  4)ROADS WHICH ARE DISPLAYED, ETC. AS PASSABLE MAY ACTUALLY BE IMPASSABLE BECAUSE OF HOLIDAY PROMENADE, SEASONAL CLOSINGS, ETC.
  5)ROADS WHICH ARE DISPLAYED, ETC. AS PASSABLE MAY ACTUALLY BE IMPASSABLE FOR PEDESTRIANS.
  6)DO NOT USE THE SERVICE FOR GUIDANCE TO EMERGENCY MEDICAL FACILITIES, ETC. THE SERVICE INFORMATION DOES NOT INCLUDE ALL POLICE STATIONS, FIRE STATIONS, MEDICAL FACILITIES, ETC. AND MAY BE DIFFERENT FROM THE ACTUAL FACILITIES.
• 3.Railroads, Airplanes, Buses, Etc.
  1)As to information regarding timetables, the timing of updates to the Service Information may differ from the timing of actual amendments to timetables.
  2)For certain parts of the line of tramways and airport limousines, estimated times to destination may be displayed etc.
• 4.4. Others
  As to information regarding facilities and shops, the name, address, telephone number, etc. may change/not be correct or the facility or shop itself may no longer exist. Information regarding schedules, venue, etc. may also change or not be correct.

Article 6　Posting Information

• 1.If you post the Posting Information to "KUCHIKOMI-HIROBA" operated by the Company through the Service, in addition to the Terms, the terms of "KUCHIKOMI-HIROBA " specified by the Company shall apply.
• 2.There are cases where inappropriate or inaccurate content is included in the Posting Information, but the Company does not warrant the accuracy, completeness, or availability of the Service, and does not completely remove inappropriate or inaccurate content.
• 3.The Posting Information is subjective information of the person who posted the information, may contain hearsay on information where the source cannot be identified, and will change over time, by its nature. If you use the Posting Information, please judge the usage based upon the understanding of its nature, based on your responsibility.

Article 7　Service Fees

• 1.If you have entered into the Charged Service Agreement with the Company, you shall pay to the Company such fees as may be established by the Company (referred to as the "Service Fees") pursuant to the payment method as designed by the Company. Service fees may be indicated on the Service or our website separately.
• 2.The use of the Service may involve communication fees, etc. as required by your telecommunication carriers in addition to the service fees of the Charged Service. Those communication fees, etc. shall be borne by you.
• 3.The Company will not refund the Service Fee paid by you.

Article 8　Interruption of Service

• The Company may, without prior notice, interrupt all or any part of the Service, in the event of any of the following cases:
  1) Inspection or maintenance of the systems for the Service is needed due to urgent or regular circumstances;
  2) The Company becomes unable to provide the Service due to natural disasters, fire, power outage, mayhem, etc.;
  3) The Company becomes unable to provide the Service due to accidents of the communication line, computers etc. ; or
  4) (4) For reasons other than listed above, the Company becomes unable to provide the Service due to any reason not attributable to the Company.

Article 9　Termination of the Charged Service

• 1.If you want to terminate the Charged Service, you shall complete the termination procedure specified by the Company.
• 2.Even if you terminate the communication agreement with telecommunication carrier, your status for the Charged Service will not terminate automatically. In this case, certain procedures regarding termination of the Charged Service must be completed on the previous Device before changing Device.

Article 10　Service Modification and Termination

• 1.The Company shall be entitled to at any time modify or terminate the Service based on its own direction.
• 2.The Company shall not be liable for any damages incurred arising out of, or in connection with, the previous section.

Article 11　Intellectual Property Rights

• All intellectual property rights and other rights regarding the Service shall belong to the Company or a third party who licenses the use of such intellectual property right, etc. to the Company.

Article 12　Your Information

• 1.The Company will handle your personal information provided by you in relation to the use of the Service shall be subject to provisions of "Handling of Personal Information" specified by the Company.
• 2.The Company may use the information provided by you in relation to the use of the Service (including but not limited to the data regarding destination, the location information obtained by GPS function, route, Writing Information) for the Service, the service related to the Service, or other business of the Company　(including, but not limited to creating statistical data and providing third party to the extent necessary for the business).
• 3.If the Company provides the information of the preceding paragraph to a third party, the Company shall take appropriate measures to anonymize the information, and the Company shall not re-identify of the information that has been anonymized. In addition, if the Company provides the information to a third party, the Company shall prohibit re-identification of the information by an agreement between the third party and the Company. The Company does not provide your personal information to the third party regardless of "Handling of Personal Information" set forth in paragraph 1.
• 4.The Company may use the statistical data created based on your personal information or the information set forth in paragraph 2 with no restrictions.

ARTICLE 13　DISCLAIMER AND WAIVER OF WARRANTIES

• 1.EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHICH MAY BE INCURRED AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE SERVICE.
• 2.THE COMPANY MAKES NO WARRANTY OF ANY KIND, ACCURACY, COMPLETENESS, SAFETY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE CONTEMPLATED BY YOU, NO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, NO DEFECT, AND TROUBLE-FREE OPERATION AND THE LIKE.
• 3.YOU SHALL BE RESPONSIBLE FOR ANY DAMAGES WHICH MAY BE INCURRED AS A RESULT OF INSUFFICIENT MANAGEMENT OF THE ID AND PASSWORD BY YOU AND OTHERS, ANY REASONS NOT ATTRIBUTABLE TO THE COMPANY. THE COMPANY SHALL NOT BE LIABLE FOR THESE DAMAGES.
• 4.THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHICH MAY BE INCURRED AS A RESULT OF THE INTERRUPTION OF ALL OR ANY PART OF THE SERVICE DUE TO THE EVENT SPECIFIED IN ARTICLE 8.
• 5.IF THE AGREEMENT BETWEEN YOU AND THE COMPANY BASED ON THE TERMS CORRESPONDS TO PARAGRAGH 3 OF ARTICLE 2 OF THE CONSUMER CONTRACT ACT (ACT NO.61, 2000), THE PROVISIONS OF THE TERMS THAT COMPLETELY EXCLUDE LIABILITY OF THE COMPANY FOR DAMAGES SHALL NOT APPLY. IN THIS CASE, WHEN THE DAMAGES CAUSED TO YOU IS BASED ON THE DEFAULT OR UNLAWFUL ACT BY THE COMPANY, UNLESS THERE IS INTENTIONAL OR GROSS NEGLIGENCE OF THE COMPANY, THE COMPANY IS LIABLE ONLY FOR DAMAGES WHICH YOU HAVE DIRECTLY INCURRED IN REALITY AND WITHIN NORMAL LIABILITY, AND THE AMOUNT OF DAMAGES BASED ON THIS RESPONSIBILITY SHALL NOT EXCEED THE SERVICE FEE OF ONE MONTH.

Article 14　General Terms

• 1.You may not transfer your contractual position regarding the use of the Service or assign, pledge or delegate all or part of your rights and obligations hereunder to third parties without the prior written consent of the Company.
• 2.If you breach any of the provisions of the Terms, the Company may immediately terminate the provision of the Service to you without any notice.
• 3.The Company may modify, supplement or delete the Terms without your consent or prior notice to you. The Service should be used only after checking the Terms from time to time and with the knowledge that through use you are consenting to the content thereof at such time of use.
• 4.If any provision of the Terms or part thereof is held to be invalid or unenforceable the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effort.
• 5.The Terms shall be construed in accordance with the laws of Japan.
• 6.If the necessity of litigation of a dispute arises concerning the Service, the court of first-instance and having exclusive jurisdiction shall be the Tokyo District Court or the Tokyo Summary Court.