OKIREN Terms of Use
These Terms of Use (hereinafter "Terms") set out 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 check 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. In the event that the Company has presented separate conditions of use, etc. related to the Service for Users other than these Terms, Users shall use the Service in accordance with those conditions of use as well as these Terms.
3. In the event of any discrepancy in the explanations of the Service between these Terms and the conditions of use in the preceding paragraph, the provisions of these Terms shall take precedence.
Article 2. Definitions
1. "Listed Company" means a business operator that rents out Rental Cars through Listing Pages on this website in accordance with terms of use separately set out by the Company.
2. "Rental Car" means a vehicle that is in the possession of a Listed Company and is rented to a User through the Service.
3. "Listing Page" means a web page that contains information about a Listed Company, Rental Car information, 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" means the website of the Rental Car booking site "OKIREN."
5. "Service" means the Rental Car booking service provided by the Company on this Site.
6. "Member" means a person who has registered for use of the Service in accordance with the provisions of the following Article.
7. "Car Rental Agreement" means an agreement for the rental of a Rental Car established between the User and a Listed Company through the Service.
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 confirmation of contact from 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. In the event of not registering 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 to have been concluded at the time of notification in Paragraph 2 for Members, and at the time of commencement of use of the Service for persons other than Members, and the User may use the Service in accordance with these Terms from that same time.
5. In the event that the Company has deemed 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 bear no obligation whatsoever to disclose those grounds.
(1) All or some Registration Information is false, mistaken, or has been omitted.
(2) The Company deems 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 the equivalent (meaning organized crime group, organized crime group member, right-wing group, anti-social force, or another equivalent person. The same hereinafter.), or is engaged in any kind of interaction or involvement with antisocial forces, such as cooperating with or being involved in the maintenance, operation, or management of antisocial forces, or the equivalent, through the provision of funds or by other means.
(4) The Company otherwise deems membership registration or the use of the Service to be inappropriate.
6. If Registration Information has changed, Members shall promptly notify the Company of such change.
Article 4. ID
1. Members shall not use the ID and password issued by the Company to Members (hereinafter collectively termed "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 use of the Service. In addition, Members shall bear the liability for any act whatsoever performed using their own IDs, and the results thereof, 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 ID divulgence or error in use thereof.
3. In the event that an ID is stolen or divulged, an ID is forgotten, or an ID is suspected of being used by a third party against the Member's will, 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 check 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, so incorrect information may be posted or the information may not be up to date. Even if it has not been possible therefore to conclude a desired Car Rental Agreement, or some other disadvantage is suffered, the Company shall bear no liability, except for damages caused by the Company’s willful 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.]) belong to 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 keep strictly confidential information about this system and the Service and disclosed information indicated in writing as being confidential (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 correspond to 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 shall 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 notifying Users in the event that the Company has determined 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 regular virus countermeasures
(3) When the System has malfunctioned, etc.
(4) When it is difficult or impossible to provide the Service due to other 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. In the event that any of the following circumstances applies to a User, the Company may, without prior notice or demand to that User, suspend ID use, restrict use of all or some of the Service, cancel registration as a User, or terminate this Agreement.
(1) There has been a breach of any of the provisions of these Terms.
(2) All or some Registration Information is false, mistaken, 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 deemed it reasonably acknowledgeable that credit status has deteriorated.
(4) The Company otherwise deems use of the Service to be inappropriate.
2. In the event that any of the items in the preceding paragraph applies, Users will justifiably lose the benefit of time for all debts 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 change or add to the details of the Service or terminate provision of the Service (hereinafter "Change") at the Company’s discretion.
2. In the event of the preceding paragraph, the Company shall notify Members of the Change by one month prior to the scheduled date of the Change, and if the Company does not receive indication of the User's intention to 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 acknowledges 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 notify the User after the fact, at a time and by a method that the Company deems appropriate.
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 swear that they are not an anti-social force or equivalent.
2. In the event that even one of the following circumstances applies to a User, the Company shall be able to immediately suspend or terminate the Service without any 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 does not submit any materials to, an investigation requested by the Company to confirm that the User is not an anti-social force or equivalent.
3. In the event that the Company has suspended or terminated the Service on the basis of fraud, error, etc., on the grounds that 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 from this.
Article 16. Indemnification
1. In the event that the Company, the User, other Users, or any other third party incurs damages due to reasons attributable to the User related to use of the Service, the User shall bear the liability to compensate the Company for any damages (including lawyer's fees, expenses required to restore the credibility and image of the Company or the Service, etc.).
2. In the event that 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 forced to pay damages or make other payment in response to a demand from another User or other third party owing to the User's actions, the User responsible for the cause shall compensate the Company for all damages incurred by the Company.
4. In the event that a User receives a claim from a Listed Company or other third party in relation to the Service, or gives rise to a dispute among those persons, the User shall immediately notify the Company of the details, deal with the claim or dispute at own expense and liability, and report the progress and results to the Company on request from 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 specifically provided in a law or regulation, the Company may change these Terms at will without prior notice. In the event that the Company has changed these Terms, the Company shall notify Users to that effect, and if the User has used 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 of the provisions of these Terms, or any part thereof, is deemed by a court of jurisdiction to be unlawful, void, or unenforceable, the remainder shall still remain in effect. Additionally, in regard to the remainder, the effective provision closest in intention to the relevant provision or part shall replace the invalid provision or part and shall apply, or a reasonable interpretation shall be added so that it becomes the effective provision closest in meaning to the relevant provision or part and shall apply.
Article 20. Governing Law and Court of Jurisdiction
The laws of Japan shall apply to these Terms and this Agreement, 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
