Emobi Membership Agreement
Chapter 1: General Provisions
General Provisions
These terms shall apply to all members as defined in Article 4 (hereinafter referred to as “Members”) concerning the electric vehicle sharing service (hereinafter referred to as “the Service”) provided by eMoBi Inc. (hereinafter referred to as “the Company”).
Definitions
- “Emobi Member Number” refers to the unique number assigned by the Company to each Member for identification purposes.
- “Emobi App” refers to the application provided by the Company to users.
- “Registered Credit Card” refers to the Member-owned credit card registered with the Company.
Scope of the Membership Agreement
- In addition to this Membership Agreement, various handling regulations (hereinafter referred to as “Usage Regulations, etc.”) that the Company establishes and notifies through posting on the Company’s website, sending emails, sending written documents, or by other methods deemed appropriate by the Company, shall also constitute a part of this Agreement.
- In the event of any conflict between the provisions of this Agreement and the provisions of the Usage Regulations, etc., the said Usage Regulations, etc. shall prevail.
Changes to the Membership Agreement
- The Company may change this Agreement and the Usage Regulations, etc., without the prior approval of the Member, by the method specified in the following paragraph.
- Changes to this Agreement and the Usage Regulations, etc. shall be made by announcing the details of the changes on the Emobi App, the Company’s website, or by a method deemed appropriate by the Company.
- The effect of changes to this Agreement based on the preceding paragraph shall come into force from the effective date specified in the announcement of the preceding paragraph.
Chapter 2: Membership
Membership
- A Member under this Agreement is an individual who has agreed to this Agreement, applied for membership in their own handwriting or by inputting their own information, and has been approved for membership by the Company. Membership status for companies or organizations in any form will not be recognized.
- Multiple applications under the same name, or applications under a fictitious name, another person’s name, etc., are not permitted.
- Individuals under 18 years of age are not eligible for membership. The Company may verify the date of birth upon enrollment.
- Membership is not permitted for individuals who are members or affiliates of organized crime groups (boryokudan), related entities, or other antisocial organizations.
- The Company may refuse to approve applications that do not meet the requirements of the preceding paragraphs.
Assignment of Member Number
- For Members who meet the requirements of the preceding article, the Company shall assign an Emobi Member Number and ID (hereinafter collectively referred to as “Emobi Member Number, etc.”).
- The Emobi Member Number, etc. can only be used by the Member themselves and cannot be transferred or lent to a third party.
- The Member may receive the Service from the date of issuance of the Emobi Member Number, etc.
Prohibition of Transfer
- The Member may not transfer their membership status, rights, or obligations under this Agreement to a third party.
Obligation to Report Changes
- The Member shall always keep their registered information, registered credit card information, driver’s license information, and other details reported to the Company updated, accurate, and current. In the event of any changes, the Member shall promptly notify the Company of such changes using the prescribed method.
- The Company shall not be liable for any disadvantages incurred by the Member due to a failure to make the notification mentioned in the preceding paragraph.
Period of Validity
The term of a Member’s qualification shall be for one year following membership approval and shall be automatically renewed annually.
Withdrawal, Suspension, and Cancellation of Membership
- If a Member wishes to withdraw, they shall notify the Company through the Company’s prescribed withdrawal procedure.
- The Company may suspend or cancel the membership of a Member without any prior notice or demand if any of the following apply to the Member:
- If they violate this Agreement.
- If there is false information in the application or notifications submitted to the Company.
- If it is discovered that the Member does not meet the qualification requirements of each paragraph of Article 5.
- In the event of death or if their whereabouts become unknown.
- If a notice sent from the Company to the Member does not arrive at the reported contact address due to the Member’s failure to report a change, or if the Member refuses to receive a notice from the Company.
- If the Member delays in fulfilling monetary obligations to the Company or refuses to pay.
- If the Member becomes subject to a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction.
- If the Member files for or becomes subject to bankruptcy or civil rehabilitation proceedings.
- If the Member publicly announces the commencement of voluntary liquidation proceedings.
- If the Member is recognized as a member of an organized crime group, or if it is found that the Member has cooperated with or been involved in the maintenance or operation of an organized crime group or related entities, or has had interactions with members of such groups.
- In other cases where there are circumstances equivalent to the preceding items and the Company deems it necessary.
Responsibility for ID and Password Management
- The Member may not lend or transfer the ID issued by the Company, the password corresponding to the ID, and the registered credit card information (hereinafter collectively referred to as “ID, etc.”) to a third party. The Member shall bear full responsibility for the use and management of their ID, etc.
- The Company shall not be liable for any damages incurred by the Member due to the use of their ID, etc. by a third party as a result of the Member’s mismanagement.
- If a Member discovers that their ID, etc. has been stolen or is being used by a third party, they shall immediately notify the Company and follow any instructions from the Company.
Temporary Suspension of ID, etc.
- In any of the following cases, the Company may suspend the use of the assigned ID without the Member’s consent until the relevant situation is resolved. The Company shall promptly notify the Member of the suspension of the ID and the reason for it, except where it is impossible to contact the Member by the reported telephone, email, etc., or where there is a risk of infringing on the rights of the Member or a third party.
- When the Member cannot be contacted by means such as telephone or email.
- When the Company determines that the ID is being used illicitly by a third party, or there is a risk of such use.
- In other cases where the Company recognizes an emergency.
- During the period of measures based on the preceding paragraph, the Member shall not be able to use the Service. For suspensions based on items 2 and 3 of the preceding paragraph, the suspension will be lifted upon the Member’s request to resume use of the ID. The Member shall bear all responsibility arising from the resumption of use.
Principle of Self-Responsibility
- The Member shall be solely responsible for the information they transmit through the Company and shall not cause any trouble or damage to the Company.
- If a Member causes damage to another Member or a third party, or if a dispute arises with another Member or a third party in connection with the use of the Company’s services, the said Member shall resolve it at their own responsibility and expense, and the Company shall bear no responsibility whatsoever.
Prohibited Acts
- The Member may not engage in business activities, use for profit-making purposes, or use for the preparation thereof (hereinafter referred to as “Business Activities”) with the Company, except as approved by the Company.
- The Member shall not engage in the following acts. If such acts are observed, the provision of services may be restricted or suspended for the said Member or all Members.
- Illicit use of the Service.
- Acts that violate laws, ordinances, this Agreement, etc.
- Altering, deleting, etc., the Company’s information or data.
- Using the Company’s services under a name other than the Member’s own.
- Unauthorized access to the facilities of the Service (meaning communication equipment, computers, other devices, and software prepared by the Company to provide the Service; the same shall apply hereinafter), interfering with their use or operation, or acts that may cause such interference.
- In addition to the preceding items, acts that violate laws, this Agreement, or public order and morals; acts that obstruct the operation of the Service; acts that damage the Company’s credibility or infringe on the Company’s property; or acts that cause disadvantage to a third party or the Company.
- Any other acts that the Company deems inappropriate for a Member.
Chapter 3: Special Benefits
Benefits
- The Company may offer additional services or discounts to Members as special benefits. The details of such benefits shall be described on the Company’s website or in advertising media promoting them.
- The Company may grant Members points services provided by a third party through the Service, the details of which shall be stipulated separately.
Chapter 4: Operation of the Service
Changes to the Service Content, etc.
- The Company may change the content, various conditions, operational rules, names, etc. of the Service without prior notice to the Members, and Members shall consent to this.
- Changes based on the preceding paragraph shall be notified to Members by the Company via the Emobi App, by posting on the Company’s website, or by other methods deemed appropriate by the Company.
Temporary Interruption of the Service
- The Company may temporarily interrupt the Service without prior notice to Members if any of the following events occur:
- When performing emergency maintenance on the Company and the Service, as well as related equipment (including communication equipment), systems, software, etc.
- When the provision of the Service becomes impossible due to fire, power outage, or natural disasters such as earthquakes, volcanic eruptions, floods, or tsunamis.
- When the provision of the Service becomes impossible due to war, insurrection, riots, disturbances, etc.
- When the system is overloaded, or when the Company determines there is a security issue.
- In other cases where the Company deems a temporary interruption of the Service necessary for operational or technical reasons.
- The Member shall commence use of the Service with the prior understanding that the Service may be unavailable due to the reasons mentioned in the preceding paragraph.
Discontinuation of the Service
The Company may discontinue all or part of the Service after giving notice with a reasonable grace period through the Emobi App, a posting on the Company’s website, or another method appropriate in light of the content of the Service to be discontinued.
Changes to Communication Equipment, Systems, Software, etc., and Disclaimer
- The Company may modify or update the communication equipment, systems, software, etc. related to the Service as necessary for service maintenance or other aspects of providing the Service, without the prior consent of the Member. The Member shall commence use of the Service with the prior understanding that modifications or updates to the communication equipment, systems, software, etc. of the Service may result in changes to its specifications and may cause periods when the Service is unavailable.
- The Company does not warrant that emails, content, etc., sent from the Company’s website, servers, domains, etc., are free of computer viruses or other harmful components, except in cases attributable to the Company.
Entrustment of Service Operation
The Company may entrust the operation of the Service to a third party designated by the Company.
Chapter 5: Damages, etc.
Disclaimer
- The Company makes no warranties whatsoever regarding the completeness, accuracy, usefulness, etc., of the information and data provided to Members.
- The Company shall not be liable for the loss of member information or data registered with the Company, or for alteration by a third party’s illicit act, based on reasons not attributable to the Company.
- In addition to the preceding paragraphs, the Company shall not be liable for any damages incurred by the Member arising from the use of the Service (including damages arising from disputes with third parties), or damages incurred by the Member as a result of delays or interruptions in the provision of the Service, except in cases attributable to the Company.
- In cases where a Member incurs damages due to reasons attributable to the Company, the Company shall be liable within the scope of ordinary and direct damages incurred by the Member, except in cases of willful misconduct or gross negligence by the Company.
Chapter 6: Use of Member Information
Handling of Member Information
The handling of member information collected from Members by the Company shall be in accordance with the separately established “Privacy Policy.”
Chapter 7: Miscellaneous
Governing Law
The establishment, validity, performance, and interpretation of this Agreement shall be governed by the laws of Japan.
Translation
This Agreement is prepared in Japanese, and the Japanese version shall be the official text. Any translations into other languages are for reference purposes only. If there is any discrepancy between the versions, the interpretation of the Japanese version shall prevail.
Exclusive Agreed Jurisdictional Court
The Company and the Member agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any litigation that becomes necessary between the Company and the Member concerning this Membership Agreement.
Chapter 8: Supplementary Provisions
Effective as of December 23, 2024