Terms of Service<Translation>

NT Travel 's navigation services “NAVITIME Transit” (hereinafter referred to as the “Service(s)”) shall be provided to you in accordance with these terms and conditions (hereinafter referred to as the “Terms”) specified by NT Travel. “NT Travel” means NT Travel Co., Ltd. Co., Ltd.., whose principal place of business is at 3-8-38, Minami-Aoyama, Minato-ku, Tokyo 107-0062, Japan.

The Terms form a legally binding agreement between you and NT Travel in relation to your use of the Services. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. The Terms shall be deemed to have been accepted by you if you start to use the Services. This English translation is provided for informational purposes only. If any discrepancy is identified between this translation and the Japanese original, the Japanese original shall prevail.

You represent that you are of legal age and have the capacity to accept the Terms and enter into a binding agreement with NT Travel. You many not use this Service in case you are not of legal age.

1. Provision of the Services

1.1 In the Services, NT Travel provides you with a transit search service, nearest transit station search service and other services that are selected by NT Travel on a country-by-country basis, using the location information of your cellular phones or other devices (hereinafter collectively referred to as the “Devices”).

1.2 The Services shall be provided for Devices; provided, however, that the specific Devices for which the Services are provided shall be determined and specified by NT Travel at its sole discretion.

1.3 NT Travel reserves the right to modify all or any part of the Services, including the content, form or nature thereof, at any time, without notice to you, and at NT Travel’s sole discretion regardless of cause.

1.4 NT Travel reserves the right to suspend or discontinue, permanently or temporarily, the provision of all or any part of the Services at any time, without notice to you, and at NT Travel’s sole discretion regardless of cause.

1.5 NT Travel reserves the right to change the interface to access the Services remotely (hereinafter referred to as the “Interface”), at any time, without notice to you, and at NT Travel’s sole discretion regardless of cause.

1.6 This Service constitutes services that require a usage fee (hereinafter referred to as the “Charged Service”) and services that do not require a usage fee (hereinafter referred to as the “Free Service”). Only some of the functions of this Service can be used with the Free Service.

2. Establishing a Contract for the Charged Service

To use the Charged Service, the user must follow the registration procedures specified by this Company. Upon completion of such registration procedures, it will be deemed that a contract has been established regarding the Charged Service (hereinafter known as the “Contract for the Charged Service”) between the user and this Company.

3. Use of the Services

3.1 You may only use the Services for your personal and non-commercial purposes. The use of the Services for commercial purposes, whether for yourself or any third party, is strictly prohibited.

3.2 You agree to use the Services only for purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdiction.

3.3 You shall not:
(a) use the Services for any illegal or unauthorized purposes;
(b) copy, reproduce, distribute, publicly transmit, rent, lease, sub-license, sell, assign, market, modify, translate, adapt or make derivative works from, in whole or in part, the Services or the information, data, text, sound, photographs, graphics, software or other materials (hereinafter collectively referred to as the “Content(s)” ) that are provided or made available through the Services;
(c) reverse-engineer or conduct other analysis of the Contents;
(d) remove or alter any quality, copyright, trademark or other notices or proprietary restrictions contained in or on the Contents or the Services;
(e) interfere with or disrupt the Services or networks connected to the Services;
(f) restrict or inhibit any other user’s use of the Services; or
(g) defame, abuse, harass, threaten or violate any legal right of NT Travel or others.

3.4 You agree not to access the Services by any means other than through the Interface. You specifically agree not to access the Services through any automated means.

3.5 You agree that you are solely responsible for, and that NT Travel has no responsibility to you or any third party for, any breach of your obligations under the Terms or for the consequences of such breach, including any loss or damage which NT Travel may sustain.

4. ID and Passwords

We may need to obtain your ID and password (hereafter, “ID etc.”), as specified by us, when you use some functions in this service. You should manage your ID etc. appropriately under your own responsibility and not allow them to be used by, or engage in activities such as lending, transfer, change of ownership, or sale of them, to a third party.

5. Warnings regarding Use

5.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES AND FOR ANY CONSEQUENCES THEREOF.

5.2 You acknowledge that there may be inconsistencies between (a) the Contents provided to you through the Services (by means of display or otherwise), such as train maps, transit search results, the information about facilities or shops, etc. (hereinafter collectively referred to as the “Navigation Content(s)”) and (b) the then-current or actual status corresponding to such Navigation Contents. You acknowledge that NT Travel makes no representation regarding the accuracy of any Navigation Content.

5.3 You acknowledge that the Navigation Contents are only available for certain areas, towns, cities or states. You further acknowledge that you may be unable to receive the Navigation Contents in any other areas, towns, cities or states.

5.4 You acknowledge that the Services may be restricted or disabled because of your Device’s ability to receive electromagnetic waves and other functional limitations. You further acknowledge that, sometimes, you may be unable to receive all or part of the Services.

5.5 You acknowledge that the Navigation Contents may change or be discontinued at any time, without notice to you, and at NT Travel’s sole discretion regardless of cause.

5.6 You acknowledge that your use of the Services may interfere with or affect other features or functions of the Devices, including with respect to receiving calls and text messages.

5.7 You acknowledge that transit search results, such as estimated arrival times, are calculated using a provisional timetable.

5.8 The use of the Services may require communication fees and other fees as required by your telecommunication carriers. Any such fees shall be borne solely by you.

6. Costs Regarding the Use of this Service

6.1 Users who enter into the Contract for the Charged Service shall pay a Usage Fee for the Charged Service to this Company using the method specified by this Company. The Usage Fee shall be as indicated separately on this Service or on this Company's website.

6.2 Use of this Service may result in separate connection fee in accordance to those stipulated by the telecommunications provider. The connection fee shall be borne by the user.

6.3 Usage Fees paid by the user are not subject to refunds from this Company.

7. Canceling Contract for Charged Services

7.1 When canceling the Contract for Charged Services, the user must follow the cancellation procedures using the method specified by this Company.

7.2 Even in cases where, depending on the information device or the method of use, the telecommunication service contract is terminated with the telecommunication provider for the Device using the Charged Service, the Contract for the Charged Service may not automatically terminate. Please cancel the Charged Service prior to terminating your telecommunication service contract.

8. Data Privacy

NT Travel’s privacy policy sets out how your data that NT Travel obtains through your use of the Services is treated and protected. By using our Services, you are deemed to agree that NT Travel can use such data in accordance with the privacy policy.

9. Intellectual Property

9.1 You acknowledge and agree that NT Travel or its licensors own all legal rights, title and interest in and to the Services and Contents, including any intellectual property right in or related to the Services or Contents, whether such rights are registered or not.

9.2 Nothing in the Terms gives you the right, implied or otherwise, to use any trade name, trademark, service mark, logo, domain name or other distinctive brand features of NT Travel or its licensor.

10. EXCLUSIONS AND LIMITATIONS

NOTHING IN THE TERMS, INCLUDING SECTIONS 11. (DISCLAIMER OF WARRANTIES) AND 12. (LIMITATION OF LIABILITY), SHALL EXCLUDE OR LIMIT NT TRAVEL’S WARRANTY OR LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND NT TRAVEL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. DISCLAIMER OF WARRANTIES

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

11.2 NT TRAVEL AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(b) THE PROVISION OF THE SERVICES WILL BE TIMELY, ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, DEFECT-FREE OR ERROR-FREE;
(c) THE CONTENTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(d) THE INTERFACE OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES AND ANY UPDATES THEREOF ARE FREE FROM DEFECT OR ERROR IN TERMS OF THEIR OPERATION OR FUNCTION; AND
(e) DEFECTS OR ERRORS IN TERMS OF THE OPERATION OR FUNCTION OF THE INTERFACE OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES AND ANY UPDATES THEREOF WILL BE CORRECTED.

11.3 NO ADVICE, SUGGESTION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NT TRAVEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11.4 WITH RESPECT TO THE SERVICES, CONTENTS, INTERFACE OR OTHER SOFTWARE PROVIDED BY NT TRAVEL OR ITS LICENSORS, NT TRAVEL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

12.1.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NT TRAVEL AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES, AS A RESULT OF:
(a) THE USE OF, OR INABILITY TO USE, THE SERVICES OR THE NAVIGATION CONTENTS;
(b) ANY CHANGE THAT NT TRAVEL MAY MAKE TO THE SERVICES OR THE NAVIGATION CONTENTS;
(c) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR THE NAVIGATION CONTENTS OR ANY FEATURE THEREOF; OR
(d) ANY OTHER MATTER RELATING TO THE SERVICES.
THIS LIMITATION IS SEPARATE AND INDEPENDENT OF ANY OTHER LIMITATION OF REMEDY AND SHALL NOT FAIL EVEN IF SUCH OTHER LIMITATION OF REMEDY FAILS.

12.1.2 YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION OF LIABILITY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED TO ACHIEVE ITS ESSENTIAL PURPOSE.

12.2 THE LIMITATIONS ON NT TRAVEL’S LIABILITY FOR DAMAGES UNDER PARAGRAPH 12.1ABOVE SHALL APPLY WHETHER OR NOT NT TRAVEL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGE ARISING.

12.3 THE OTHER PROVISIONS IN THE TERMS REFLECT THE ALLOCATION OF RISKS BETWEEN YOU AND NT TRAVEL. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NT TRAVEL.

12.4 IF YOU DOWNLOAD TO THE DEVICES A SOFTWARE APPLICATION WHICH IS REQUIRED IN ORDER TO USE THE SERVICE OR THE CONTENTS (THE “APPLICATION”), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APPLICATION PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LIABILITIES ARISING IN RELATION TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES/LIABILITIES IN RELATION TO THE SALE, DISTRIBUTION OR USE OF THE APPLICATION, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION. FOR THE PURPOSE OF THIS SECTION, AN “APPLICATION PROVIDER” MEANS ANY ENTITY THAT OPERATES OR OTHERWISE CONTROLS AN APPLICATION SOFTWARE STORE/DISTRIBUTOR, THROUGH WHICH THE APPLICATION IS MADE AVAILABLE.

13. External Web Sites

13.1 The Services may provide or include hyperlinks to external web sites or resources. NT Travel has no control over any web site or resource which is hosted, served or provided by companies or persons other than NT Travel.

13.2 YOU ACKNOWLEDGE AND AGREE THAT NT TRAVEL IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHICH MAY BE INCURRED AS A RESULT OF THE USE OF, OR AS A RESULT OF ANY RELIANCE ON THE AVAILABILITY, COMPLETENESS OR ACCURACY OF, THOSE EXTERNAL WEB SITES OR RESOURCES OR ANY SERVICE, PRODUCT, ADVERTISEMENT OR OTHER MATERIALS AVAILABLE FROM SUCH WEB SITES OR RESOURCES.

14. Google Maps API

14.1 Features of the Services which make use of the Google Maps API fall under both Terms and the terms established by Google LLC in their Terms of Service （https://www.google.com/intl/ja/policies/terms/?hl=en）

14.2 The handling of your data obtained by Google LLC through the Google Maps API is to be carried out as established by Google LLC in their Privacy Policy （https://www.google.com/policies/privacy/?hl=en）. By using the features of the Services which make use of the Google Maps API, you are deemed to agree that such data is handled by Google LLC to be used as set forth by Google LLC in their Privacy Policy.

15. Termination

15.1 You acknowledge and agree that NT Travel may, at any time, immediately terminate any legal agreement between you and NT Travel in relation to the Services if:

(a) You breach, or act in a manner which reasonably demonstrates that you do not intend to or that you are unable to comply with any provision of the Terms or other related agreements;
(b) NT Travel is requested to do so by law enforcement or other government agencies;
(c) Any unexpected technical or security issue or problem arises with respect to the Services; or
(d) You engage in fraudulent or illegal activities.

15.2 Nothing in this Section 15 shall affect NT Travel’s rights regarding the provision of the Services under Section 1. (Provision of the Services).

15.3 NT TRAVEL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF ANY LEGAL AGREEMENT BETWEEN YOU AND NT TRAVEL IN RELATION TO THE SERVICES.

15.4 When the legal agreements between you and NT Travel in relation to the Services come to an end, all of the legal rights, obligations and liabilities that you and NT Travel have benefited from shall be unaffected by the termination hereunder.

16. Changes to the Terms

In any of the following cases, the Company may change the Terms of Service by publicizing such changes on the Service or on the Company's website pertaining to the Service, or by any other method the Company deems appropriate, or by notifying customers thereof. Such changes shall become effective from the time separately determined by the Company. Customers are requested to check the Terms and Conditions from time to time and to use the Service upon acceptance of the contents thereof.

(a) When the modification of these Terms of Use is in the general interest of the customer
(b) When the modification of these Terms and Conditions is not contrary to the purpose of the contract for the provision of the Service and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, the details of the modification, and other circumstances pertaining to the modification.

17. General Terms

17.1 The precautions and other statements displayed by the Company on the Service shall constitute a part of these Terms and Conditions. Customers are requested to use the Service in compliance with such precautions.

17.2 Assignment. You may not assign any of your rights and obligations in relation to the Terms or the provision of the Services without the prior written consent of NT Travel.

17.3 Waiver. The failure of NT Travel to exercise or enforce any right or remedy that is contained in the Terms or that NT Travel enjoys the benefit of under any applicable law shall not constitute a waiver of such right or remedy.

17.4 Severability
17.4.1 If any of the Terms are or become illegal, invalid or unenforceable in any respect, such shall not affect or impair the legality, validity or enforceability of any other provisions of the Terms.

17.4.2 If any illegal, invalid or unenforceable provision would be legal, valid or enforceable if some part of it were deleted, such provision shall apply with the minimum modification(s) necessary to make it legal, valid or enforceable.

17.5 Governing Law. The Terms and any and all disputes between you and NT Travel arising from or relating to the Terms shall be construed in accordance with and governed by the laws of Japan without regard to its conflict of law provisions.

17.6 Jurisdiction and Venue. You and NT Travel agree to submit to the exclusive jurisdiction of the Tokyo District Court in Japan as the court of first instance to resolve any legal matter arising from or relating to the provision of the Services and the Terms. Notwithstanding this, you agree that NT Travel may apply for and obtain injunctive relief, or an equivalent type of urgent legal relief, in any jurisdiction.

17.7 Statute of Limitations. Regardless of any statute or law to the contrary, any claim arising from or relating to the Terms or Services must be filed within one (1) year after such claim or cause of action arises, or shall be forever barred.