Terms of Service

 

Article 1 (Scope of Application)

These Terms apply to ONE NATION Co., Ltd. (hereinafter referred to as “ONE NATION”) and users of the service operated by ONE NATION, known as Remly (hereinafter referred to as the “Service”), including members (premium users) set forth in Article 5 (hereinafter collectively referred to as “Users”).

Article 2 (Changes of the Terms of Service)

1. ONE NATION may change these Terms without individual agreement with Users by notifying them on the Service or in a manner deemed appropriate by ONE NATION.

2. Notwithstanding the preceding paragraph, if ONE NATION determines that any material change is to be made to these Terms, ONE NATION will individually agree with Users on such changes.

3. Unless otherwise specified by ONE NATION, these Terms changed under paragraph 1 or preceding paragraph will come into effect at the time that ONE NATION posts such new Terms and conditions on its website or other media.

4. Users may refer to the history of changes to these Terms on the Service.

Article 3 (Use of the Service)

1. Users shall use the Service in accordance with these Terms and the individual terms set forth in Article 4 below.

2. ONE NATION may change the content of the Service without individual agreement with Users. Even if a Member (defined in Article 5) suffers any disadvantage or damages due to any change in the content of the Terms, ONE NATION shall not be liable, except for disadvantage or damages due to willful misconduct or gross negligence of ONE NATION.

Article 4 (Relation with Individual Terms)

1. Users shall comply with individual terms stipulated by ONE NATION for the individual services provided within or in association with the Service (however named, hereinafter referred to as “Individual Terms”).

2. Unless otherwise specified in these Terms and the Individual Terms, in the event that there is any inconsistency between the Terms and the Individual Terms, the provisions of the Individual Terms prevail.

Article 5 (Registration and Payment of Charge for Use)

1. A person who desires to become a premium user of the Service (hereinafter referred to as “Member”) shall be required to apply to register for the Service in a manner specified by ONE NATION after consenting to the Terms. The registration of the Service shall be completed when ONE NATION notifies the person who desires to become a premium user of registration approval to the Service.

2. If ONE NATION deems that an applicant for registration to the Service falls under any of the following cases, ONE NATION may disapprove the application and shall have no obligation to disclose the reason for disapproval:

  (1) an applicant falsified information when applying for the registration to the Service;

  (2) a person who has previously breached the Terms applies for registration to the Service; or

  (3) other cases in which ONE NATION deems an application for registration to the Service to be inappropriate.

3. As compensation for use of the Service, Members shall pay the amount charged for use, as separately specified by ONE NATION, in a manner specified by ONE NATION.

4. In the event that a Member fails to pay the amount charged for use by the due date, the Member shall pay ONE NATION the amount of late payment charge calculated at the rate of 14.6% per annum (until paid in full).

Article 6 (Change in Registered Matters)

If a Member changes its name, address, phone number, date of birth, credit card number, expiration date thereof, and other matters registered with ONE NATION when applying for the registration of the Service, the Member shall promptly notify ONE NATION of such changes in accordance with a predetermined manner.

Article 7 (Prohibition of Assignment of Member Status)

Members may not assign, sell, set up a pledge or provide as security their membership status or any rights arising under the Terms to any third party.

Article 8 (Withdrawal)

1. Members may withdraw from the Service by following predetermined procedures for withdrawal.

2. Membership status for the Service is deemed to be personal rights, and when ONE NATION learns of the death of a Member, the Member shall be deemed to have applied for the procedures of withdrawal from the Service, in accordance with the preceding paragraph.

Article 9 (Prohibited Matters)

1. If a Member falls under any of the following, ONE NATION may immediately revoke their membership status without prior notice:

  (1) a Member breaches any applicable laws and regulations of the Terms and/or Individual Terms;

  (2) in the Service a Member engages in acts that are libelous or defamatory to any other Members or any third party; violates the privacy of any other Members or any third party; or engages in other acts that cause disadvantage or harassment to any other Members or any third party;

  (3) a Member engages in election campaigning or equivalent acts;

  (4) a Member engages in sales activities or acts for a profitable purpose;

  (5) a Member interferes with the operation of the Service;

  (6) a Member breaches the terms regulated by the Member’s contracted internet provider;

  (7) ONE NATION discovers unauthorized use of an ID or password of a Member (including acts under Article 12);

  (8) a Member provides false information (including personal information) to ONE NATION;

  (9) a Member is subject to suspension of use of his/her credit card registered with ONE NATION as the payment method;

  (10) a Member fails to pay debts, such as charges for ONE NATION;

  (11) ONE NATION becomes unable to contact a Member using registration information (address, phone number, or email address);

  (12) a Member is a member of an anti-social force or a person who has a close relationship with an anti-social force or a close relationship with a member of an anti-social force;

  (13) ONE NATION deems that a Member uploads content on the app that is violent, pornographic, abusive, or otherwise harassing; or

  (14) other cases that ONE NATION deems a Member to be inappropriate as a Member of the Service.

2.  If ONE NATION revokes membership status of a Member pursuant to the preceding paragraph and the Member or any third party suffers any damages, ONE NATION shall not be liable for any damages to the Member and/or any third party.

Article 10 (Equipment)

Members shall be responsible for preparing all equipment (including communication equipment) and software necessary for use of the Service, executing a network utilization agreement, subscribing to an Internet connection service, and making other necessary preparations at their own costs and responsibilities.

Article 11 (Use of Service)

Members shall be responsible for all actions and conducts using the Service, as well as the results of such actions.

Article 12 (Responsibility for Management of ID and Password)

1. Members shall appropriately manage the ID and password assigned to them by ONE NATION.

2. Members shall not share his/her ID and password with any third party and not lend or assign the ID and password to any third party.

3. Members shall follow the predetermined procedures if the Member forgets his/her ID or password.

4. If Members find that their ID or password has been stolen or used by any third party, they shall notify ONE NATION immediately and follow the directions provided by ONE NATION.

5. ONE NATION shall have no liability for any damages caused by the use of a Member ID or password by any third party, except when such damages arises from willful misconduct or gross negligence on the part of ONE NATION.

Article 13 (Copyright, etc.)

1. Members may not use copyrighted works provided through the Service for purposes outside of private use.

2. Through the Service, Members may only post or upload documents, images, videos, and other information for which they hold necessary intellectual property rights, such as their own copyrights and/or permission from the relevant rights holders.

3. Members or other existing rights holders shall reserve all copyrights of documents, images, videos, etc. posted or uploaded by the Members through the Service. However, by posting or uploading such content, Members grant ONE NATION a worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, edit, distribute, create derivative works, display, and perform the content, and agree not to exercise moral rights and/or other equivalent rights against ONE NATION’s use.

4. Except as described in the preceding paragraph, all copyrights and other intellectual property rights relating to the Service and all information associated with the Service belong to ONE NATION or other rights holders who have licensed their use to ONE NATION, and Users may not reproduce, transfer, assign, lend, translate, modify, reprint, publicly transmit (including enabling such transmission), convey, distribute, publish, commercially use them without permission.

Article 14 (Suspension or Cancellation of Service)

1. ONE NATION may take necessary measures such as suspending or interrupting the provision of all or part of the Service without prior notice to Members in the following:

  (1) when performing regular or emergency maintenance of its system,

  (2) when the system is experiencing concentrated load,

  (3) when ONE NATION determines that there is the interference with the operation of the Service,

  (4) when it is required to ensure security of Members, or when ONE NATION determines that it is necessary for other reasons.2. ONE NATION shall not be liable for any damages incurred by Members due to the suspension or cancellation of Service provision according to the preceding paragraph.

Article 15 (Handling of Personal Information)

ONE NATION shall appropriately handle Members’ personal information obtained through Members’ use of the Service in accordance with the “Privacy Policy” of ONE NATION.

Article 16 (Governing Law)

The establishment, effect, enforcement, and interpretation of these Terms shall be governed by the laws of Japan without regard to the principles of the conflict of laws thereof.

Article 17 (Good-faith Discussion and Agreed Exclusive Jurisdiction)

1. Any dispute between ONE NATION and Member(s) arising from or in relation to the Terms shall be resolved through good-faith discussions between ONE NATION and the Member(s).

2. If the dispute is not resolved, despite good-faith discussions between ONE NATION and Member(s), the dispute shall be subject to exclusive jurisdiction of the Tokyo District Court.

 

Privacy Policy

 

ONE NATION hereby establishes and discloses the Privacy Policy regarding the handling of personal information as follows, and declares compliance with the Privacy Policy.

(Compliance with Laws and Regulations, etc.)

1.ONE NATION shall comply with the Act on the Protection of Personal Information, the provisions of the Telecommunications Business Act relating to secrecy of communication and other relevant laws and regulations, and the guidelines of telecommunications business regarding protection of personal information (hereinafter referred to as the “Guidelines”), as well as this Privacy Policy, with regard to acquisition and utilization of personal information of customers and any other handling of personal information.

(Definition of Personal Information)

2.Personal information means information relating to a living individual. Examples include a name, date of birth, address, phone number or other descriptions, etc., whereby a specific individual can be identified, including information that can be readily collated with other information, and thereby identify a specific individual.

(Personal Information Identification)

3. ONE NATION acquires the following personal information about customers:

(1) Information provided by customers:
    a. Account information (when creating an account on ONE NATION’s services, certain information such as name, email address, and date of birth is required)
    b. Identity verification information (credit card information, mobile phone number, photos, text, etc.)
    c. Other information entered by customers in forms designated by ONE NATION

(2) Information collected by ONE NATION when customers use the services:
    a. Device infromation
    b. Log information
    c. Information from cookies or similar technologies, anonymous IDs, and location information
    d. Information about accommodations, places of stay, and transportation

(3) Other information:
    a. Information regarding communications between customers and ONE NATION or users of ONE NATION’s services
    b. Responses to surveys and other opinions and feedback about ONE NATION’s services

(Specification and Disclosure of Purpose of Use)

  1. ONE NATION shall disclose the purpose of using a customer’s acquired personal information in advance of use, specifying in as much detail as possible its intended purpose. In addition, if ONE NATION acquires personal information described in documents, such as an agreement directly from a customer, ONE NATION shall clearly express, in advance, to the customer the purpose of using the customer’s personal information. ONE NATION shall acquire personal information of customers for the following purposes:
    (1) invoice charges for use, etc. of each service provided by ONE NATION;
    (2)     customer applications for contracts for services provided by ONE NATION; and withdrawal therefrom, change of registered customer information, and introduction and confirmation of contract renewal/continuation;
    (3) response to inquiries from customers for ONE NATION and each service provided by ONE NATION; and
    (4) proposals for services, such as notice, advertising, promotion, direct mail, etc. and phone calls regarding information deemed useful to customers. This includes improvement of existing service, new service, new products, and the improvement of functions.

(Utilization within the Scope of Purpose of Use)

  1. ONE NATION shall handle personal information of customers solely to the extent necessary for the achievement of the purpose of use previously specified and disclosed. However, without prior consent of customers, ONE NATION may handle personal information of customers (excluding information relating to the secrecy of communication) beyond the previous purpose of use specified and disclosed in the following cases:
    (1) such handling is required under laws and regulations;
    (2) such handling is required to protect human life, limb, or property, and it is difficult for ONE NATION to obtain customer consent;
    (3) such handling is specifically required to improve public health and promote the healthy development of children, and it is difficult for ONE NATION to obtain customer consent; or
    (4) ONE NATION is required to cooperate with a government organization or a person entrusted with performing the work set forth in laws and regulations, and in so doing ONE NATION’s obtaining customer consent may interfere with the performance of that required work.

 

(Appropriate Acquisition)

  1. ONE NATION will not acquire personal information of customers by false or other illegal means.

(Storage Period)

  1. ONE NATION shall specify the storage period of customer’s personal information within the scope necessary for the purpose of use. Without delay, ONE NATION shall delete customers’ personal information at the end of the storage period or after the purpose of use has been achieved; except when:
    (1) it is required by laws and regulations to store customers’ personal information;
    (2) ONE NATION obtains customer consent to store personal information for an extended period of time;
    (3) a telecommunications company stores personal data to the extent necessary for the performance of its business, and there are reasonable grounds to not delete said personal data; or
    (4) in addition to items (1) through (3) above, there are special grounds to not delete said personal data.

(Safety Management Measures)

  1. ONE NATION endeavors to keep personal information of customers accurate and up-to-date and shall take necessary and appropriate safety measures to protect illegal access, falsification, leakage, loss, and damage of customers’ personal information.

(Supervision of Employees)

  1. ONE NATION shall have necessary and appropriate supervision over its employees to ensure the safety of customers’ personal information. In addition, ONE NATION shall provide its employees with necessary education and training to ensure appropriate handling of customers’ personal information.

(Supervision of Entrusted Party)

  1. ONE NATION may entrust all or a part of the handling of customers’ personal information to a third party in connection with sales and reception of products and services, repair, invoicing, marketing, and other essential business, within the purpose of use. In such cases, ONE NATION shall appoint a party it deems appropriate and responsible to handle the personal information of customers. ONE NATION shall properly regulate safety management, confidentiality, conditions of re-entrustment, and other matters related to the handling of customers’ personal information in an entrustment contract and shall have necessary and appropriate supervision over the appointed party.

(Provision to Third Party)

  1. ONE NATION shall not provide personal information of customers to any third party without customer consent; except when:
    (1) it is required by laws and regulations to provide customers’ personal information to a third party;
    (2) provision to any third party is required to protect human life, limb, or property, and it is difficult for ONE NATION to obtain consent from customers;
    (3) provision to any third party is specifically required to improve public health and promote the healthy development of children, and it is difficult for ONE NATION to obtain customer consent; or
    (4) ONE NATION is required to cooperate with a government organization or a person entrusted with performing the work set forth in laws and regulations, and in so doing ONE NATION’s obtaining customer consent may interfere with the performance of that required work.

(Joint Use)

  1. ONE NATION may conduct joint use of personal information as follows:
    (1) Items of personal information jointly used:
    The information described in “Personal Information Identification” above
    (2) Purpose of use of personal information by joint users:
    The purposes described in “Specification and Disclosure of Purpose of Use” above
    (3) Scope of joint users:
    The following group company of ONE NATION:
    ・KabuK Style Inc.
    (4) Person responsible for the management of personal information:
    ONE NATION (Daiichi Prince Building 1F, 8-13 Gion-machi, Hakata-ku, Fukuoka-shi,  Fukuoka prefecture, Japan Chief Executive Officer Tomohiro Manabe)

(Request for Disclosure, etc.)

  1. A customer may contact ONE NATION if the customer requests ONE NATION to notify him/her of the purpose of use of his/her personal information, to disclose to him/her information about any item, to delete or add his/her personal information, or requests ONE NATION to suspend use or provision of his/her personal information to any third party, or complains or inquires about the handling of his/her personal information.

(Response to Leakage)

  1. In the event of any information leakage, etc. of customers’ personal information, ONE NATION shall take appropriate steps to address the leakage, etc. including prompt customer notification.

(Continuous Improvement)

  1. Through the regulation of internal rules for the protection of personal information, regular employee education, periodic internal audits, etc., ONE NATION shall continuously endeavor to improve internal handling of customers’ personal information.

(Use of Google data)

  1. Google services are provided as a means of authentication that can be used within the service and URL disclosure to your accounts of other SNS. If the above means are used with the customer’s consent, this service will use / store the following data:
    (1) Google account name: Initial value of user name in the service
    (2) G-Mail address: Account verification within the service
    (3) Youtube channel URL: SNS link on the profile screen in the service

(How to delete personal information by the userself)

  1. Users can access and delete their own data. For details, see [Q & A withdrawal method].