JR-EAST Train Reservation Membership Agreement
The East Japan Railway Company (hereinafter referred to as the "Company"), stipulates the following rules as the JR-EAST Train Reservation Membership Agreement (hereinafter referred to as "Membership Agreement"), for the solicitation of members and the use of services delivered or offered by the "JR-EAST Train Reservation" website, which is managed by the Company, to Members approved to receive them. Please read through the Membership Agreement very carefully, as the membership registration indicates that you have agreed to all the terms and conditions of the Membership Agreement.
Article 1 (Definition of Terms)
The terms listed under each of the following sections shall contain meanings as defined below:
(1)"JR-EAST Train Reservation" is a web site that supports English, Chinese, and Korean languages and is operated by the Company for accepting seat reservations through the Internet from customers outside Japan.
(2)The "Individual Services" are a variety of products and a wide range of reservation booking services that are offered on the site.
(3)A "Service Provider" is a business entity offering or delivering Individual Services through the site.
(4)A "Member" is a customer authorized by the Company to receive services from the site after advance registration of their personal information (hereinafter referred to as "Member Data"), which includes a User ID and password as specified by the Company and Service Providers.
Article 2 (Scope and Alterations to the Membership Agreement)
- The Company or Service Provider reserves the right to establish rules, terms, conditions and instructions for use (hereinafter referred to as "Individual Rules") for Individual Services, in addition to this Membership Agreement. These Individual Rules are considered to be a part of this Membership Agreement. If the Individual Rules and the Membership Agreement differ, the rules stipulated in the Individual Rules will supersede the terms and conditions provided in the Membership Agreement.
- The Company may change or modify this Membership Agreement at any time, without prior notice to Members. Any and all such changes and modifications shall be announced on the site, unless otherwise stipulated in this Membership Agreement. Changes and modifications will take effect following the posting of a notification that such changes or modifications are to be implemented and it becomes possible for Members to access the site and to view the alterations. Once these changes or modifications have become effective, then it shall be the only valid Membership Agreement, superseding any and all prior Agreements.
Article 3 (Member Registration)
- Prior to utilizing Individual Services provided exclusively for Members, a customer (hereinafter referred to as "Registration Candidate") will be required to agree to the terms and conditions of this Membership Agreement, and complete the Member registration procedure prescribed by the Company. Registration Candidates hereby agree that such procedures shall include a predetermined validity check by the Company pertaining to the credit card the Registration candidate nominates as means of payment.
- The Member registration procedure shall be completed when the Company approves the registration. The Company reserves the right to refuse a registration if any of the following are found to apply to a Registration Candidate.
(1)The Registration Candidate does not exist.
(2)The Registration Candidate is already a Member or submits multiple membership applications using the same credit card.
(3)The Registration Candidate has had his/her membership suspended, or it was previously cancelled due to a violation of the Membership Agreement.
(4)When an untrue or erroneous declaration was made or there was an omission of an item in the information that was provided during the Member registration.
(5)When the validity of a credit card (specified by the Registration Candidate) has been terminated by the credit card company, financial institution or credit/loan company.
(6)When the Registration Candidate, applying for re-registration, has a record of previous non-payment for Individual Service Charges arising from the delivery of Individual Services.
(7)When the Registration Candidate is determined by the Company to be unfit to become a Member, apart from any of the above.
- A credit card must be registered as the method of payment for services charged. The credit card for registration must be in the name of the Member. The use of the credit card shall be governed by the provisions and conditions stipulated by the credit card company.
- The Company and Service Providers assume no liability or responsibility whatsoever, if problems occur (relative to any service) due to improper or erroneous Member Data registered by the Member.
Article 4 (Handling of Member Data)
- The Company shall reserve the right and ownership to maintain on a database any and all information obtained from the Member Data as well as through the Member's use of any of the Individual Services.
- As a general rule the Company shall not disclose any part of the information described in the preceding section of this Agreement to a third party under any circumstances (other than to Service Providers or companies that have entered into a confidentiality agreement with the Company), which may lead to the identification of an individual. This rule is effective for all circumstances and registered information will not be disclosed, except when the following conditions apply:
(1)When the Member has agreed to the disclosure of the information in advance.
(2)When a regulation or law requires disclosure.
- The Company shall manage the information (registered according to section 1 of this Article) by taking the appropriate steps to prevent the leakage of information to a third party except in the manner described in the preceding section of this Article.
- The Company shall only use the information set forth in Section 1 within the scope of the following purposes.
(1)For payment of service fees upon use of services on this site.
(2)To send notices pertaining to services on this site and campaigns, etc.
(3)To serve notices of any change to or termination of any services on this site.
(4)To distribute questionnaire surveys conducted by the Company, and to send tokens of gratitude for responses to such questionnaires.
(5)To research and provide answers to customers' enquiries pertaining to services on this site.
Article 5 (Effective Term for Member Data)
As a general rule, the effective term for all Member Data shall not be limited to a fixed date but will continue as long as Individual Services are being offered on the site. If any of the following conditions apply, however, the Company reserves the right to terminate or void a Member's registration without issuing prior notice or a statement to that effect to the Member.
(1)When any of the conditions described in Article 3, Section 2 of this Agreement are determined to be applicable.
(2)When a Member cannot be contacted, due to a change of e-mail address, telephone number, etc.
(3)When there has been inactivity for one year following the date of the Member's last use of Individual Services.
(4)When a Member is found to have violated the Membership Agreement or any of the Individual Service agreements.
(5)When a Member passes away.
Article 6 (Changes to Member Data)
- Whenever a change occurs to registered Member Data, Members are required to notify the Company of such changes as soon as possible.
- If a Member fails to notify the Company of changes described in the preceding section, and notification by the Company cannot be received by the Member because of this failure, then the notification is deemed to have been received at the time such a notice would have been received if the Member had notified the Company.
Article 7 (Management of User ID and Password)
- To receive Individual Services offered or delivered, all Members are required to use their User ID and password that they previously registered during the Member registration.
- Members are responsible for the proper management of their User ID and password following the completion of the Member registration procedure.
- Members are prohibited from allowing third parties to use, loan, transfer, pawn, sell, change names, or process in any way, their User ID or password.
- Any liability or damage arising from improper management or misuse of User IDs and passwords, as well as their use by third parties, are to be borne solely by the applicable Member as the Company assumes no liability or responsibility whatsoever.
- If a Member misplaces or forgets his/her User ID or password, thus becoming unable to receive Individual Services, the Member shall be required to use a special screen on the site to notify the Company of the incident and perform the Member registration again.
- Members are required to immediately notify the Company, and follow any and all instructions provided by the Company, if their User ID and password have been stolen or if it has been determined that they are being used by a third party.
Article 8 (Withdrawal of membership)
If a Member wishes to withdraw from membership, the Member is required to notify the Company of the withdrawal intent by using the special screen available on the site.
Article 9 (Environment for Utilizing Individual Services)
- All expenses, the preparation and use of all necessary equipment and software, in order to receive Individual Services, are solely the Members' responsibility.
- The Company and Service Providers assume no liability or responsibility whatsoever for any problem, or the effects of any problem, that may arise from improper service functions due to irregularities with the equipment and software employed, installed or selected by the Member for use in connection with such services.
Article 10 (Responsibilities of the Member)
- Members are required to strictly honor and abide by this Membership Agreement and Individual Rules as well as by the technical and moral rules and manners of the Internet. If a Member causes damage to the Company or a Service Provider through an action not in accordance with this Membership Agreement or through an improper or illegal action, a claim for damages may be made against such a Member.
- Any dispute arising between a Member and a third party and any damage to a third party caused by a Member must be settled at the sole cost and responsibility of the Member, as the Company and Service Providers assume no liability or responsibility whatsoever, in connection with the site or the use of Individual Services.
- Members must stringently follow the steps and security methods prescribed by the Company or Service Providers for transmitting the information necessary to process an application or the transaction of Individual Services (hereinafter referred to as "Application Information") and strictly abide by the security methods stipulated by the Company or Service Providers. The Company and Service Providers assume no liability or responsibility whatsoever for any result arising from the failure to follow such steps or to abide by the security methods.
Article 11 (Responsibilities of the Company)
- The Company assumes no liability or responsibility whatsoever for the contents of the information pertaining to Individual Services or the outcome of transaction agreements concerning such services or the delivery of such services, unless the Company is the Service Provider.
- The Company assumes no liability or responsibility whatsoever for assuring that the Application information, transmitted by the Member, will safely arrive at the computer system of the Company, nor for assuring that the information received by the Company's computer system will be identical to the information transmitted by the Member.
- The Company assumes no liability or responsibility whatsoever for ordinary damages arising from the non-transmission of information received from a Member through the Company's computer system to Service Providers, unless such non-transmission arises from intentional failure or gross negligence on the part of the Company. This liability for damages will be limited to current and direct Member's damage, up to the amount of the service charges connected to the applicable service.
- The Company assumes no liability or responsibility whatsoever for any damage which may have been incurred by a Member or third party through their use of Individual Services (unless stipulated elsewhere) regardless of whether it occurred as the result of a change, a delay or an interruption to Individual Services, because of the availability, termination or discontinuation of such services (unless the Company is the Service Provider), or due to a leak or loss of information registered or provided by Individual Services.
Article 12 (Notification to Members)
- All notices from the Company or Service Providers (except for special stipulations defined in Individual Rules) are provided on the site or delivered via e-mail or by any other means that the Company deems appropriate.
- Whenever a notice provided for in the preceding Section is served via the site, such notice shall be deemed served to Members at such time as it is posted on the site and becomes available for Members to view by accessing the site.
Article 13 (Charges for Individual Services)
- Members are liable and responsible for making payments, including all applicable taxes, for Individual Services and products obtained.
- If separate service conditions, payment conditions, credit limits or other stipulations and conditions for the payment of Service Charges and fees for Individual Services are stipulated by credit card companies, credit/loan companies or financial institutions, then such conditions and provisions shall apply.
- The Company assumes no liability or responsibility whatsoever if there is a dispute between a Member and a credit company, financial institution or credit/loan company, and all such disputes must be settled by the applicable parties.
Article 14 (Changes of Individual Services)
- The Company and Service Providers reserve the right to change the contents of Individual Services without prior notice to Members.
- The Company and Service Providers assume no liability or responsibility whatsoever, for any unfavorable outcomes or damages that may have resulted and been incurred by Members from the aforementioned changes.
Article 15 (Interruption and Termination of Individual Services)
- When any of the following conditions apply, the Company and Service Providers reserve the right to interrupt or terminate Individual Services, in part or in their entirety, without prior notice to Members:
(1)When maintenance inspections or the upgrading of equipment and systems (necessary for offering Individual Services) must be conducted periodically or during an emergency.
(2)When the offering of Individual Services becomes too difficult, due to fire, power failure, disasters or other conditions deemed to be "Acts of God."
(3)When a telecommunications carrier does not, or cannot carry out its responsibilities.
(4)In all other cases, when the Company decides that the offering or delivery of Individual Services is too difficult.
- The Company and Service Providers assume no liability or responsibility whatsoever for any unfavorable outcome or damage incurred by a Member or third party, which arose from the interruption or termination of Individual Services.
Article 16 (Acceptance of Inquiries / Complaints)
Inquiries and complaints by Members concerning Individual Services are to be accepted by the Company or applicable Service Provider, if the issues are addressed in the special screen on the site.
Article 17 (Governing Laws)
The interpretation of this Member Agreement and each Individual Service agreement, as well as the consummation, effectiveness and the execution of these contracts shall be governed by the Laws of Japan.
Article 18 (Resolution of Disputes and Competent Court)
- If a dispute arises between a Member and the Company or Service Providers, and concerns this Member Agreement or Individual Service agreement, the relevant parties shall earnestly try to resolve the dispute through discussions conducted in good faith.
- The competent court for settling disputes connected to the Company or Service Providers arising from this Member Agreement or an Individual Service agreement, shall be the District Court of Tokyo or the Summary (Small Claims) Court of Tokyo.
Article 19 (Commencement of the Membership Agreement)
This Membership Agreement becomes valid and effective from the 25th day of March in the year 2008, Japan Standard Time.
Partial amendment and same day implementation on February 1, 2016.