OKIREN Terms of Use
These Terms of Use (hereinafter "Terms") outline the rights and obligations related to use by any user (hereinafter "User") of the "Service" (defined in Article 2) operated by O-NAZ Inc. (hereinafter "Company"). By using the Service, Users shall be deemed to have agreed to these Terms, so please carefully review the contents of these Terms before using the Service.
Article 1. Application
1. These Terms shall apply to all relationships between Users and the Company related to use of the Service.
2. If the Company has provided separate terms of use related to the Service, Users shall comply with both those terms and these Terms.
3. If any discrepancy between these Terms and the conditions of use in the preceding paragraph, the provisions of these Terms shall prevail.
Article 2. Definitions
1. "Listed Company" refers to a business operator that rents out Rental Cars through Listing Pages on this website in accordance with terms of use separately established by the Company.
2. "Rental Car" refers to a vehicle that is in the possession of a Listed Company and is rented to a User through the Service.
3. "Listing Page" refers to a web page that contains information about a Listed Company, Rental Car details, and other matters specified by the Company (hereinafter "Content"), and is used to send and receive communications between the User and the Listed Company.
4. "Site" refers to the website of the Rental Car booking site "OKIREN."
5. "Service" refers to the Rental Car booking service provided by the Company on this Site.
6. "Member" refers to a person who has registered to use the Service in accordance with the provisions of the following Article.
7. "Car Rental Agreement" refers to an agreement for the rental of a Rental Car established between the User and a Listed Company through the Service.
Article 3. Conclusion of Agreement
1. A person who wishes to use the Service (hereinafter "Applicant") may apply to use the Service by agreeing to comply with these Terms and providing the Company with the following information specified by the Company (hereinafter "Registration Information") in the manner prescribed by the Company.
(1) Full name and address
(2) Email address and telephone number that enable prompt communication with the Company.
(3) Other information designated by the Company
2. If an Applicant wishes to register as a Member, the Company shall, in accordance with the standards set out by the Company, determine whether or not to accept an application for membership by an Applicant who has applied for use in accordance with the preceding paragraph, and if the Company approves the registration, shall notify the Applicant to that effect and issue an ID (defined in the following Article).
3. If an Applicant does not wish to register as a Member, the Company shall, after deciding whether to accept the application to use the Service under the preceding paragraph, give notice to that effect only in the event of rejecting use. If the Applicant does not register as a Member, the applicant will need to provide Registration Information each time he/she uses the Service.
4. The agreement between the User and the Company based on these Terms (hereinafter "Agreement") shall be deemed concluded at the time of notification in Paragraph 2 for Members, and at the time the Service is first used for non-Members. The User may use the Service in accordance with these Terms from that time.
5. If the Company determines that any of the grounds listed below applies to an Applicant, the Company may not approve membership registration or an application for use of the Service, or may cancel an existing approval. The Company shall have no obligation to disclose the grounds for its decision.
(1) All or part of Registration Information is false, incorrect, or has been omitted.
(2) The Company determines that the application is by a person who has breached these Terms or a related person.
(3) The Company determines that the applicant is an anti-social force or equivalent (meaning an organized crime group, a member of an organized crime group, a right-wing group, an anti-social force, or another equivalent entity; the same applies hereinafter), or is engaged in any kind of interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of antisocial forces, or the equivalent, whether through the provision of funds or other means.
(4) The Company otherwise deems membership registration or the use of the Service to be inappropriate.
6. If Registration Information changes, Members shall promptly notify the Company of the change.
Article 4. ID
1. Members shall not use the ID and password issued by the Company to Members (hereinafter “ID”); allow a third party to use them; or transfer, lend, change the name of, sell, or otherwise dispose of them for any purpose other than using the Service. Additionally, Members shall be liable for any actions performed using their ID and the resulting consequences, regardless of the reason.
2. Members shall carefully manage their IDs, and the Company shall bear no liability whatsoever for damages incurred by Members due to the disclosure or misuse of their IDs.
3. If an ID is stolen, disclosed, forgotten, or suspected of unauthorized third-party use, the Member shall immediately notify the Company to that effect and follow the Company’s instructions.
Article 5. Car Rental Agreement
1. Users acknowledge that the Service is limited to the provision of information relating to the booking of a Listed Company’s Rental Cars, and that any Car Rental Agreement is established directly between Users and Listed Companies. When signing a Car Rental Agreement, please carefully review the terms of use and other provisions set out by the Listed Company before using the Listed Company’s services.
2. Since the Company is authorized to receive consideration from Listed Companies for Car Rental Agreements, the Company may receive the consideration for Car Rental Agreements from Users.
3. While endeavoring to provide accurate and up-to-date information at all times, the information on the Listing Page is based on information provided by Listed Companies, therefore, inaccuracies or outdated information may occur. Consequently, if it becomes impossible to conclude a desired Car Rental Agreement or if other disadvantages arise, the Company shall bear no liability, except in cases of willful misconduct or gross negligence.
Article 6. Intellectual Property Rights
All intellectual property rights related to the Service (copyrights, patent rights, utility model rights, trademark rights, design rights [including the right to acquire these rights or apply for registration, etc. concerning these rights] or ideas, know-how, etc. [The same hereinafter.]) are owned by the Company or third parties who have licensed the Company, and the provision of the Service to Users under these Terms does not denote any transfer of rights to Users or license to use.
Article 7. Prohibitions
When using the Service, Users shall not perform any act corresponding to the following, or any act (including omission) that the Company deems to correspond to the following.
(1) An act that breaches, or is liable to breach, a law or regulation, or public order and morals
(2) Providing false or fictitious Registration Information
(3) A criminal act, or act related to or liable to be a criminal act
(4) Using the Service for reselling, conducting tours, or other commercial purposes
5) An act that infringes property rights (including intellectual property rights), infringes reputation or privacy, slanders, or any other act that causes or may cause disadvantage to the Company, a Listed Company, or third party
(6) Interfering with the operation and maintenance of the Company's Service
(7) Tampering with information that may be used in relation to the Service
(8) Sending or writing harmful computer programs, emails, etc. to the Service
(9) Illegally accessing the Company’s servers or other computers
(10) Breaching these Terms
(11) Other acts that the Company deems inappropriate
Article 8. Protection of Confidential Information
Users shall maintain strict confidentiality regarding information about this system and the Service and disclosed information marked as confidential in writing (hereinafter "Confidential Information"), and shall not use it except for the purpose for which it was disclosed, and shall not publish, use, copy, disclose, or divulge same. However, the following information shall not be considered Confidential Information.
(1) Information that can be proven to have already been in the possession of the person at the time of disclosure
(2) Information that was already public at the time of disclosure, or information that subsequently became public through no personal fault
(3) Information that has been lawfully obtained from a third party, without any obligation of confidentiality, after its disclosure
(4) Information independently developed or created without relying on the disclosed Confidential Information
Article 9. Protection of Personal Information
The Company shall appropriately handle personal information obtained through the use of the Service ("personal information" as defined in the Act on the Protection of Personal Information. The same hereinafter.) in accordance with all laws and regulations related to privacy, including the Act on the Protection of Personal Information, the Enforcement Order for that Act, and guidelines related to the Act by relevant ministries and agencies, as well as the Company’s Privacy Policy, and manage it with the duty of care of a good manager.
Article 10. Information Retention Period
1. As a general rule, information related to the sending and receiving of messages and other communications with Listed Companies stored on servers retained by the Company will be automatically deleted within one year from the date of the last time the User and the Listed Company sent or received messages on the Service, and once deleted, that information cannot be retrieved.
2. Users shall take measures in advance to avoid disadvantage or damages arising from the deletion of information mentioned in the preceding paragraph, at the User’s own responsibility and expense. The Company shall not bear any responsibility whatsoever for any damages incurred by Users due to deletion of information relating to the User.
Article 11. Suspension of Service Provision
1. The Company may suspend or interrupt provision of all or some of the Service without prior notice to Users if it determines that any of the following grounds exist.
(1) When conducting periodic maintenance, inspection, or updating of the system required for the provision of the Service (hereinafter "System"), or when it is necessary to conduct these urgently
(2) When it is difficult or impossible to provide the Service due to force majeure, such as fire, power outage, natural disaster, or damage caused by a virus that cannot be prevented with standard countermeasures
(3) When the System has malfunctions etc.
(4) When it is difficult or impossible to provide the Service due to unforeseen circumstances
2. The Company shall bear no responsibility whatsoever for any damages incurred by Users or third parties due to suspension or interruption of Service provision.
Article 12. Suspension and Termination of Use
1. If any of the following circumstances apply to a User, the Company may, without prior notice or demand to that User, suspend ID use, restrict access to all or part of the Service, cancel registration as a User, or terminate this Agreement.
(1) A breach of any of the provisions of these Terms.
(2) All or part of Registration Information is false, incorrect, or has been omitted.
(3) Payment has been suspended or become impossible; a petition for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation proceedings has been filed; or the Company has reasonably determined that credit status has deteriorated.
(4) The Company otherwise deems use of the Service to be inappropriate.
2. If any of the conditions the preceding paragraph apply, Users will justifiably lose the benefit of time for all debts owed to the Company, and must immediately repay all debts in a lump sum.
3. The Company shall bear no liability whatsoever for any damages incurred by Users as a result of measures taken by the Company pursuant to this Article.
Article 13. Change and Termination of the Service
1. The Company may, at its discretion, change or add to the details of the Service or terminate its provision (hereinafter “Change”)
2. In the event of the occurrence described in the preceding paragraph, the Company shall notify Members of the Change at least one month prior to the scheduled date of the Change, and if the Company does not receive indication of Member’s indication of intent terminate the Agreement by the scheduled date, the User shall be deemed to have accepted the Change.
3. Notwithstanding the preceding paragraph, if the Company determines that there is an urgent need, it shall be able to make a Change without notice under the preceding paragraph. In that event, the Company shall subsequently notify the User in a manner and at a time deemed appropriate by the Company.
4. The Company shall bear no liability whatsoever for any damages incurred by Users as a result of measures taken by the Company pursuant to this Article.
Article 14. No Warranty and Disclaimer
1. The Company does not warrant in any way that the Service is free of errors, bugs, defects, or security defects, that it does not infringe the intellectual property rights or other rights of third parties, that it has the functions, commercial value, accuracy, and usefulness expected by Users, that it is suitable for the specified purpose, or that use of this Service by Users complies with the internal rules of industry organizations or the laws and regulations applicable to Users.
2. The Company shall bear no liability whatsoever regarding any dispute related to a Car Rental Agreement or any other dispute arising between Users and Listed Companies or other third party.
3. The Company does not warrant the accuracy, currency, usefulness, suitability, completeness, safety, legality, or any other cause regarding any information provided in advertisements, etc., posted by advertisers on this Site, and bears no liability whatsoever for any damages incurred by Users as a result.
Article 15. Elimination of Anti-Social Forces
1. Users shall declare that they are not an anti-social force or equivalent.
2. If any of the following circumstances apply to a User, the Company may immediately suspend or terminate the Service without prior notice.
(1) The User has committed a violent act, fraud, forceful speech act, obstruction of business, or similar act against the Company by himself/herself or by using a third party.
(2) The User has been found to be an anti-social force or equivalent.
(3) The User does not cooperate with, or fails to submit materials for, an investigation requested by the Company to confirm that the User is not an anti-social force or equivalent.
3. If the Company suspends or terminates the Service based on fraud, error, or because the User or its officer or employee is an anti-social force or equivalent, the User shall not be entitled to claim any damages whatsoever arising arising therefrom.
Article 16. Compensation
1. If the Company, the User, other Users, or any other third party incurs damages due to reasons attributable to the User’s use of the Service, the User shall bear the liability to compensate the Company for any damages (including attorney’s fees, expenses incurred to restore the Company’s or the Service’s reputation and image.
2. If the Company's property (including, but not limited to, drive recorders) included in any Rental Car equipment is damaged or lost, the User shall, at his/her own liability and expense, make compensation for the Company's property and take other measures in accordance with instructions by the Company.
3. In addition to the preceding two paragraphs, if the Company is compelled to pay damages or make other payment in response to a demand from another User or other third party due to the User's actions, the User responsible for the cause shall compensate the Company for all damages incurred by the Company.
4. If a User receives a claim from a Listed Company or other third party in relation to the Service, or causes a dispute among such parties, the User shall immediately notify the Company of the details, address the claim or dispute at own expense and liability, and, upon the Company’s request, report the progress and outcome to the Company.
5. The Company shall bear no liability whatsoever regarding any transaction (including, but not limited to, a Car Rental Agreement), communication, or dispute that occurs between a User and a Listed Company, or any other third party related to the Service.
6. Notwithstanding the other provisions of these Terms, if the Company causes damage to a User through willful or gross negligence, the Company shall make compensation for the direct and ordinary damage actually suffered by the User.
Article 17. Notices
1. Notifications or communications (hereinafter "Notices") from Users to the Company and Notices from the Company to Users shall be made in a manner set out by the Company.
2. Notices to Users from the Company shall come into effect at the time the Company has sent the Notice.
3. Notices set out in the preceding paragraph shall come into effect regardless of whether the User has in fact received or become aware of the Notice.
Article 18. Changes to These Terms
Unless otherwise specified in these Terms, the Company may change them without prior notice. When the Company changes these Terms, the Company shall notify Users to that effect, and if the User access the Service (meaning accessing the Site, logging on to the Site, post-login operations, and any other activity the User carries out in connection with or through the Service) after such notification, the User shall be deemed to have agreed to the changes to these Terms. Unless otherwise specified in these Terms after they have been changed (hereinafter "New Terms"), the rights and obligations currently arising under these Terms shall not be affected by the New Terms.
Article 19. Severability
Even if any provision of these Terms, or any part thereof, is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in effect. Additionally, the invalid provision shall be replaced by the effective provision that most closely aligns with its original intent, or a reasonable interpretation shall be added to reflect the provision’s intended meaning.
Article 20. Governing Law and Court of Jurisdiction
These Terms and this Agreement shall be governed by Japanese law, and the Naha District Court shall have exclusive jurisdiction as the court of first instance for any dispute arising in relation to these Terms or this Agreement.
Established September 19, 2023
