1. COGICOGI Co., Ltd. (hereinafter referred to as "the Company") will rent bicycles for shared use (hereinafter referred to as "bicycles") to individual members or corporate members (collectively referred to as "members") of the shared bicycle service COGICOGI SMART! (hereinafter referred to as "the Service") provided by the Company, in accordance with the provisions of these Terms and Conditions, and members shall rent these bicycles
2. In addition to these Terms and Conditions, we may create user guides or other documents to the extent that they do not violate applicable laws and regulations. In the event of any discrepancy between these Terms and Conditions and such user guides or other documents, the user guides or other documents shall prevail
3. Matters not stipulated in these Terms and Conditions shall be governed by applicable laws and regulations
1. Any individual or legal entity wishing to use the service (hereinafter referred to as "Applicant") shall accept the contents of these Terms and Conditions and apply for membership registration in the manner specified by the Company. The Company shall consider that the Applicant has accepted the contents of these Terms and Conditions upon submission of the membership registration application
2. If we accept the applicant's application, we will issue a member ID. For individual members, membership registration will be considered complete when the member ID is issued. For corporate members, membership registration will be considered complete when we send a notification containing the member ID
Our company reserves the right to refuse membership registration if the applicant falls under any of the following categories
(1) If the membership registration application contains false statements, errors, omissions, etc
(2) If a minor under the age of 18 applies without the consent of a guardian
(3) If the payment method specified by the applicant is invalid, such as when the credit card specified as the payment method for the service is not accepted
(4) If you have previously delayed or refused to pay service fees or other obligations to our company
(5) If the person is found to be a member or associate of a yakuza group, a yakuza-related organization, or involved with other anti-social forces
(6) Any other case in which we deem the person unsuitable as a member
1. If there are any changes to the personal information provided to the Company when applying for the service (hereinafter referred to as "Registration Information"), the Member shall immediately notify the Company of such changes using the method prescribed by the Company
2. If a member fails to notify the company of any changes to their registration information, the member acknowledges in advance that any notices or documents sent by the company, even if delayed or not received, will be deemed to have arrived at the time they would normally have arrived
1. Our company will lend bicycles to members at bicycle storage locations (hereinafter referred to as "ports"), and members will borrow them
2. Members shall rent and return bicycles at ports and pay usage fees in accordance with the methods prescribed by the Company
3. We reserve the right to refuse to rent out bicycles for operational reasons, a temporary increase in users, or any other reason. Members shall not make any claims against us regarding the refusal to rent out such bicycles
4. When returning a bicycle, members shall confirm that there are no personal belongings left behind in the bicycle before returning it, and the Company shall not be held liable for any loss of personal belongings
Our company will perform regular inspections and maintenance on bicycles and ports according to our established standards
1. Each time a member rents a bicycle, they shall check that it is in a safe and proper condition for use, including that the brakes are working, the handlebars are turned, the tire pressure is correct, the bell is working, and the battery level is sufficient
2. If a member discovers any damage to the bicycle, loss of equipment, poor maintenance, or other defects, they shall immediately contact the inquiry desk (support@cogicogi.jp) and cease using the bicycle. If a member uses the bicycle without complying with the provisions of this section, the company shall not be liable for any damages incurred by the member
3. If a member uses a bicycle without making the notification mentioned in the preceding paragraph, it will be assumed that the bicycle was not damaged, had no missing equipment, was not in poor condition, or had any other defects at the time of rental
Members are prohibited from using bicycles if any of the following conditions apply:
(1) When it is clear that the person is under the influence of alcohol
(2) When symptoms of addiction to narcotics, stimulants, thinner, etc. are observed
(3) When it is clear that the bicycle user and the member are not the same person
(4) When multiple people intend to use one bicycle
(5) If you are in arrears with or refuse to pay the usage fees or other obligations to our company
(6) In addition to the preceding items, in cases where the Company deems the use of a bicycle inappropriate
1. If a member falls under any of the following items, the Company may temporarily suspend the use of the service or cancel the member's registration without prior notice or warning, and may take necessary measures such as requesting the return of the bicycle
(1) If you make a false declaration to our company
(2) If you violate these Terms and Conditions or any other agreement with us
(3) In the event that a traffic accident occurs due to reasons attributable to the member
(4) If you delay or refuse to pay service fees or other obligations to us
(5) In any other case where any of the matters listed in each item of Article 3 becomes clear or is deemed highly likely to become any of the matters listed in each item of Article 3
(6) In addition to the cases listed in the preceding paragraphs, if we are unable to contact the member or if we determine that it is inappropriate for the member to continue using the service
2. We shall not be liable for any damages or troubles incurred by members as a result of the temporary suspension of service use or cancellation of membership registration based on the preceding paragraph, and we will not refund any usage fees
1. Service fees will be based on the price list provided at the time of bicycle rental
2. Usage fees may be changed without prior notice at our discretion
3. The payment deadline and payment method for usage fees will be determined separately by our company
Our company issues and assigns a unique ID (hereinafter referred to as "Member ID") to each member, which is necessary for using the bicycles
1. Members are obligated to use and store their member ID with the care of a prudent manager
2. Members may only use their Member ID for their own purposes of using the service and shall manage it to prevent other members or third parties from using it
1. If a member loses their member ID or if it is stolen or otherwise stolen (hereinafter referred to as "ID theft, etc."), the member shall promptly notify the Company in the manner prescribed by the Company
2. Members shall, upon request from the Company, submit documents related to the card incident, such as a police report certificate, and cooperate with the Company's investigation into the said card incident
Members shall use, store, and manage the bicycle with the care of a prudent manager from the time of rental until its return
Members shall not engage in any of the following acts while renting a bicycle:
(1) Allowing a bicycle to be used by someone other than a member
(2) Using a bicycle for transportation business or similar purposes without our prior consent and permission under the Road Transport Act
(3) Any act that infringes on our rights or hinders the smooth operation of our services, such as allowing someone other than the member to use the bicycle, subleasing it, or using it as collateral
(4) Dangerous acts such as reckless driving and driving under the influence of alcohol
(5) Driving and using a bicycle in disregard of traffic rules
(6) Use in parks or other areas where entry is prohibited, dangerous areas, or in inappropriate locations
(7) Actions that obstruct the passage of pedestrians or other persons
(8) Disassembling, damaging, destroying, altering, modifying or remodeling, removing, or otherwise changing the condition of the bicycle in whole or in part
(9) Parking bicycles in areas where parking is prohibited as defined by the ordinance, on private property where permission has not been obtained, and in places that obstruct traffic
(10) The act of continuing to drive if a vehicle breaks down while driving
(11) Using a bicycle for any type of test or competition, towing or pushing
(12) Taking out damage insurance on a bicycle without obtaining our consent
(13) Using a bicycle for acts that violate laws or public order and morals
(14) Any other act that the Company deems inappropriate and therefore prohibits
1. If a member damages a bicycle, or soils a bicycle or causes an odor to be generated, or otherwise interferes with the comfortable use of the bicycle by other members, the member shall be liable for compensation for such damage
2. In addition to the provisions of the preceding paragraph, if a member causes damage to a third party or to the Company due to their own fault, the member shall be liable for compensating such damage
1. If a member parks a bicycle in a location prohibited under Article 15, Item 9 (hereinafter referred to as "abandonment"), the member shall be responsible for bearing all costs related to the removal, relocation, and storage of the abandoned bicycle, as well as the usage fees until its return, and for compensating the Company for any other damages incurred
2. In the event that the local government and/or police contact the Company regarding the abandonment and removal of a bicycle in the case of the preceding paragraph, the Company will move the bicycle to a location designated by the Company and require the violator to comply with legal measures, and the member shall comply with this
3. If the Company pays the expenses related to paragraph 1 on behalf of the Member, the Member shall be responsible for promptly paying these expenses to the Company
If a member is involved in an accident while renting a bicycle, regardless of the severity of the accident, they shall take appropriate legal measures and handle the situation in accordance with the following provisions
(1) Immediately report the fact and circumstances of the accident to the police station with jurisdiction
(2) Immediately report the fact and circumstances of the accident to our inquiry desk (support@cogicogi.jp)
(3) Prepare and submit without delay any documents or evidence required by our company and the non-life insurance company to which we have insurance regarding the accident
(4) When concluding a settlement or agreement with a third party regarding the accident, the company must obtain prior consent from the company
(5) To endeavor to resolve the accident amicably at one's own responsibility and expense
1. If a member discovers any malfunction or abnormality in the bicycle or port while renting the bicycle, they shall immediately cease use and contact our inquiry desk (support@cogicogi.jp) and follow their instructions
2. Members shall not claim compensation from the Company for any damages incurred due to malfunctions or abnormalities that occur while renting a bicycle (including the costs incurred when using alternative means of transportation due to a malfunction during use)
3. If a member causes a malfunction or abnormality in a bicycle due to reasons attributable to the member, the member shall bear the costs required for the transportation and repair of the bicycle
If a member's rented bicycle battery runs out of charge or is likely to run out of charge, they must immediately contact the inquiry desk (support@cogicogi.jp) and cooperate with the necessary actions, such as returning the bicycle to the nearest port, as instructed by the inquiry desk
If a member's rented bicycle is stolen, they must immediately contact the relevant police station and our inquiry desk (support@cogicogi.jp) with details of the theft and follow their instructions. In this case, the member must also pay a fee designated by our company as a charge for the theft of the bicycle
(force majeure)
1. If a member is unable to return the bicycle to the company due to a natural disaster or other force majeure event, the member shall immediately contact the inquiry desk (support@cogicogi.jp) and follow the instructions
2. If, during the rental period, the bicycle or any part of the service becomes unusable due to a natural disaster or other force majeure, the rental will be terminated
(Disclaimer)
Except in cases of intentional misconduct or gross negligence on our part, even if we are found liable to a member for damages (including, but not limited to, cases where all or part of our exemptions from liability set forth in these Terms and Conditions are invalidated by law), we will only compensate the member for direct damages incurred, and will not be liable for lost profits or other indirect damages, incidental damages, special damages, punitive damages, attorney's fees, etc., regardless of the cause of action. Furthermore, except in cases of intentional misconduct or gross negligence on our part, the maximum amount we will compensate a member for shall be the amount we received from the member as consideration for the use of the bicycle
1. Members shall return the bicycle to any port of their choice by the end of the ticket's validity period
2. The return of the bicycle shall be completed when the member notifies the port of the return using the prescribed method
3. When returning a bicycle, members shall confirm that there are no leftover items such as money, valuables, luggage, or trash on the bicycle frame and accessories, and shall return the bicycle in the same condition as when it was borrowed, excluding normal wear and tear from use
4. If a member is unable to return the bicycle to the port by the end of the ticket's validity period, they must immediately contact the inquiry desk (support@cogicogi.jp). In this case, the member shall pay an additional fee for the extension of the rental period, except as stipulated in Articles 19 to 22. Furthermore, if the bicycle is not returned, the member shall pay an additional 100,000 yen as a bicycle rental fee
5. If a member is unable to return the bicycle for any reason, such as those outlined in Article 18 (Accident Handling), they shall immediately contact the inquiry desk (support@cogicogi.jp) and follow the instructions. In this case, the member shall pay the actual costs incurred, such as the transportation fees for the bicycle, due to the change in the return location
1. If a member fails to return the bicycle by the end of business hours on the rental day and does not respond to our request for its return, or if the member's whereabouts become unknown and it is determined that the bicycle has been stolen, we may take legal action, such as filing a criminal complaint
2. In the event of the preceding paragraph, the member shall be liable for compensating the Company for any damages incurred, as well as bearing the costs incurred in recovering the bicycle and searching for the borrower
Our company will use the personal information of members, as well as bicycle location and route information, obtained in connection with the provision of our services, for the purposes described below. Furthermore, you agree in advance that we may use this information ourselves, or provide it to third parties, for research, marketing, and other business purposes, after anonymizing it so that individuals cannot be identified
(1) In order to provide this service
(2) For the sale, solicitation of sales, shipping, and provision of services for products, etc. handled by our company and third parties
(3) For advertising or promoting our products and services and those of third parties (including sending direct mail and emails)
(4) In order to bill for the use of the service
(5) For identity verification
(6) For after-sales service and handling inquiries
(7) For conducting surveys, contests, campaigns, etc
(8) For marketing research, statistics, and analysis for the planning and development of services and products, and for improving customer satisfaction
(9) To provide to a third party in accordance with Article 27
(10) For purposes incidental to the purposes of use in the preceding items
(Provision of personal information to third parties)
1. We may provide members' personal information to third parties in the following cases:
(1) If the member consents
(2) When disclosure is requested by a court, public prosecutor's office, police, tax office, bar association, or other institution with similar authority
(3) When disclosing information to financial institutions, credit card companies, collection agencies, or other businesses that handle or act on behalf of payment in order to settle usage fees or other monies that members are owed to our company
(4) When we outsource all or part of our business to a third party
(5) When necessary for the exercise of our rights
(6) When disclosing to a successor in the event of a business succession due to merger, business transfer or other reasons
(7) When permitted by the Personal Information Protection Act or other laws and regulations
(8) When disclosing information to partner companies in order for the Company and partner companies to carry out campaigns or other planning related to the service
(9) When disclosing personal information to a business operator that aggregates and analyzes information for purposes such as improving services, developing new services, researching partner companies, and marketing
(10) When disclosing to a third party the results obtained from the aggregation and analysis in the preceding paragraph in a manner that does not identify or specify an individual
2. The categories of personal information that we will provide to third parties pursuant to the preceding paragraph are as follows:
(1) Information provided by members (including, but not limited to, name, email address, and residential area)
(2) Information provided by third parties such as social network service providers in connection with the use of the service (including, but not limited to, name, email address, telephone number, and residential area)
(3) Information that we automatically obtain when a member uses the service (including, but not limited to, IP address, terminal device identification information (ID), location information measured by GPS function, cookie information, and access information)
3. The means and methods by which we provide personal information to third parties pursuant to paragraph 1 include online, electronic media such as CD-ROMs, and analog media such as paper
4. Members may request that we stop providing their personal information to third parties. Members who wish to stop this should contact us. However, this provision shall not apply if we are not obligated to stop providing personal information to third parties under the Personal Information Protection Act or other laws and regulations
If a member fails to fulfill their monetary obligations based on the use of the service, they shall pay the Company late payment penalties at an annual rate of 14.6% (calculated daily based on 365 days in a year). The member shall bear the bank transfer fees incurred for this payment
The formation, validity, performance, and interpretation of these Terms and Conditions shall be governed by the laws of Japan
In the event of any dispute arising regarding the use of the service or the rights and obligations under these Terms and Conditions, the Tokyo District Court shall be the exclusive court of jurisdiction
If we revise these Terms and Conditions, we will notify you by posting the revised terms on our designated website. We reserve the right to revise the Terms and Conditions without prior notice to members
Notifications and communications from our company to members will be sent to the telephone number and email address registered with our company, and such notifications and communications will become effective at the time of dispatch. Members will be responsible for any disadvantages resulting from non-delivery
COGICOGI Inquiry Contact: support@cogicogi.jp
These terms and conditions will come into effect on April 17, 2015
