• KIXOsaka (Kansai)
  • KUHKushiro
  • CTSSapporo (Shin-Chitose)
  • SDJSendai
  • KIJNiigata
  • NRTTokyo (Narita)
  • HNDTokyo (Haneda)
  • FUKFukuoka
  • NGSNagasaki
  • KMIMiyazaki
  • KOJKagoshima
  • ASJAmami
  • OKAOkinawa (Naha)
  • ISGIshigaki
  • ICNSeoul (Incheon)
  • TPETaipei (Taoyuan)
  • KHHKaohsiung
  • HKGHong Kong
  • PVGShanghai (Pudong)
  • BKKBangkok (Suvarnabhumi)
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Terms of use

Chapter 1 General Provisions

Article 1 (Terms of Use)

1. To use the Peach App (hereinafter referred to as “the App”) which is provided by Peach Aviation Ltd (hereinafter referred to as “the Company”), users must first agree to this Peach App’s Terms of Use (hereinafter referred to as “these Terms”), download the App, and then adhere to these Terms. These terms are applicable to all individuals using the App (hereinafter referred to as “the user” or “the users” depending upon context). In the event that you do not agree to these terms, we regrettably ask that you do not use the App.

2. These Terms, as well as all notifications, etc. pertaining to the App which are posted on the App or individually contacted to the users by the Company are deemed to be part of these Terms, and the users are obligated to adhere to all of these.

Article 2 (Changes to these Terms)

1. The Company, whenever it deems necessary, is entitled to make additions, changes, and removals (hereinafter collectively referred to as “changes, etc.”) to these Terms without gaining the approval of the users.
2. When the user uses the App after these Terms have undergone changes, etc., we deem this as the user’s agreement to the relevant changes, etc. in these Terms.

Chapter 2 The App and the Users, etc.

Article 3 (Definitions)

1. In these Terms, “the App’s contents” refers to various pieces of information (hereinafter referred to as “information related to the App”) that the Company provides to relevant portable information terminals in the user’s possession, such as smartphones, which have the Company’s App installed.
2. User-submitted information refers to various types of information sent to the Company by the user through the App, as well as information that is provided by the user through the App.

Article 4 (Download of the App)

1. Individuals who wish to use the App must first agree to these Terms, and then download the App on the portable information terminal of their own possession.

Article 5 (Various Conditions Relating to Use of the App)

1. The user will acquire nonexclusive rights to use the App for free, in compliance with each of the articles in these Terms.
2. The user cannot license, lend, or lease the App to a third party.
3. The user cannot duplicate or modify, etc. any and all parts of the App.
4. The user cannot reverse engineer, decompile, or disassemble the App.
5. Any communication expenses that are incurred from registration, use, changes, and discontinuance of use of the App must be paid for by the user. The Company will not be held responsible for any of these expenses.
6. Campaign information that is posted and provided on the App is information of campaigns that are planned by the Company, as well as campaigns planned by third-party corporations that have been given approval by the Company.

Article 6 (Changes to the Contents of the App)

1. The Company may make changes to the contents, etc. of the App. Furthermore, these changes will go into effect from the moment that the contents have been changed by the Company on the App, unless otherwise stipulated separately by the Company.
2. In the event that the user bears damages as a result of changes that have been made to the contents, etc. of the App based on the item above, the Company will not bear any responsibility for said damages.

Article 7 (Suspension of the App’s Use)

1. In the event that the Company deems that any of the following items have occurred, the Company may suspend, discontinue, cancel, etc. (hereinafter collectively referred to as “suspend, etc.”) all or part of the App’s use without notifying the users in advance.
(1) When conducting periodic or emergency security and/or maintenance of equipment, etc. used for the App.
(2) When the App is unavailable for use due to unforeseen accidents such as fires or blackouts.
(3) When the App cannot be used due to natural disasters such as earthquakes, volcanic eruptions, floods, or tsunamis.
(4) When the App cannot be used due to war, unrest, riots, disturbances, labor disputes, embargos, strikes, inability to secure goods or transport facilities, and intervention, etc. by governmental authorities.
(5) When the Company deems that the App must be suspended, etc. due to operational or technological circumstances.
2. In the event that the continued provision of the App becomes difficult due to various circumstances, the Company may, on its sole judgment, cancel the use of all or part of the App without permission from the users.
3. The Company will bear no responsibility for damages that the user or a third party bears from the App being suspended, etc. due to any of the circumstances or similar circumstances to the ones listed in preceding two Paragraphs.

Article 8 (Discontinuance of the App’s Use)

The users who wish to discontinue the use of the App can do so by uninstalling the App through the App’s menu or through the designated methods.

Chapter 3 The User’s Responsibilities and Obligations

Article 9 (Principles of Self-responsibility)

1. The user must adhere to these Terms, respect others, and use this App under their own responsibility through the following of laws, morals, and manners.
2. In the event that the user causes the Company, shops which are posted on the App, or other third parties to bear damages through the user’s use of the App (including circumstances where the Company, shops which are posted on the App, or other third parties bear damages due to the user failing to adhere to the obligations in these Terms), the user must bear personal responsibility and expenses to pay for these damages in full (including legal expenses and attorney’s fees).

Article 10 (Prohibited Items)

1. The user may not do any of the following including the actions stipulated in the article above.
(1) Unauthorized access, use, or actions that inhibit the operations (including actions that overload the usual capacities of servers) of the App’s equipment (including communications equipment, communication lines, electronic computers, and other devices and software that are prepared by the Company or designated by the Company for the purpose of providing the App).
(2) Unauthorized use of portable information terminals, or forcing unauthorized use of portable information terminals to a third party
(3) Sending, writing, or posting information to the App which contains harmful computer programs such as computer viruses.
(4) Using the App while feigning another user’s identity.
(5) Unauthorized alteration of the App.
(6) Other actions that the Company deems inappropriate or unsuitable.

Chapter 4 Intellectual Property Rights

Article 11 (Intellectual Property Rights)

1. Regarding the information, etc. (including information related to the App) which is provided or posted by the Company on the App, the user must acknowledge that the copyrights, patent rights, utility model rights, trademarks, design rights, and all other intellectual property rights (including the rights to acquire these intellectual property rights and the right to apply for registration, etc. of these rights) of the information belong to the Company or to a third party. The user cannot use this information, nor can the user disclose or cause a third party to use this information unless given permission by the Company or a relevant third party that has given permission of information use to the Company, or unless the use is within the scope of personal use as stipulated by Article 30 of the Copyright Act.
2. Copyrights and all other intellectual property rights of information submitted by the user through the App will belong to the user. However, the Company deems that the user consents (including rights to additional sublicense rights) to give the Company, as well as a third party designated by the Company, the right to indefinitely, free of charge, and nonexclusively use, domestically and overseas, the information submitted by the user (including but not limited to rights of reproduction, automatic public transmission rights, screen presentation rights, distribution rights, right of transfer, right of rental, translation rights, right of adaptation, and the right to produce commercial or free-of-charge goods for sale to a third party). The user must agree not to invoke the moral rights of the author against the Company or the third party designated by the Company. Furthermore, in the event that the user relinquishes their intellectual property rights as defined in this Article to a third party, the user is responsible for having the third party who is receiving the intellectual property rights comply with the details stipulated in this Article.

Article 12 (Rights Pertaining to the App)

1. Intellectual property pertaining to the App, such as copyrights, belongs to the Company. The App is protected by the Japanese Copyright Act, as well as other relevant and applicable laws, etc. Therefore, the user must handle the App in the same manner as other copyrighted items.
2. Trademarks, logos, service marks, etc. (hereinafter collectively referred to as “trademarks, etc.”) which are displayed on the App are registered by the Company or are unregistered trademarks. Under these Terms, the Company will not transfer or give permission to use these trademarks, etc. to the user or another third party.

Chapter 5 Operations

Article 13 (The Company’s Rights)

1. The Company can freely post third-party advertisements, etc. on the App that the Company has designated.
2. The Company may collect information from the users on the App (including but not limited to user-submitted information, etc.). With respect to the collected information, the Company will adhere to the security policy as stipulated in the following Article and strictly manage them.

Article 14 (Security Policy)

1. The Company will abide by the following items with respect to management of the App’s system information infrastructure (hereinafter referred to as “the System”).
(1) Access and operations to the System must be limited to designated responsible individuals within the Company and designated system managers.
(2) An appropriate security system that can be acquired through normal methods must be introduced and used in order to handle viruses and outside invasions, so that functions of the System can operate correctly.
(3) The two items above must be strictly adhered to even when outsourcing the System’s work operations to outside businesses.
2. Regarding the Company’s overall handling of personal information, the Company will follow the Personal Information Protection Policies on its Company website.

Article 15 (Exemption from Liability and Compensation for Damages)

1. The Company will not be held liable for losses and damages that the user bears as a result of using the App, excluding circumstances in which said losses and damages were incurred intentionally by the Company or due to a grave error on the Company’s part.
2. In the event that a link to a website that is managed by a third party is posted on the App, the Company will not be held liable for losses that the user bears as a result of utilizing the linked website (including but not limited to monetary charges or purchases of items, etc.).
3. The Company will not be held liable for damages incurred in the event that the user loses their information related to the App or their submitted information as a result of unforeseen circumstances or system difficulties such as malfunctions, faults, blackouts, etc. of the devices providing the App’s services, or as a result of irregularities, etc. in the communication lines.
4. The Company will not be held liable for social, emotional, physical, or monetary damages that are incurred as a result of the user violating these Terms or the user’s inappropriate use of the App.
5. The Company will deem use of the App after personal verification of the user, as well as all actions subsequent to said verification, as use and actions conducted by the user him/herself irrespective of whether this holds true, and will not be held liable for any damages that are incurred as a result of said use or actions.
6. The Company will not be held liable for compensation of any expenses (including but not limited to communication expenses) incurred by the user due to the suspension, etc. of the App’s use.
7. The Company will not be held liable for disadvantages and damages that the user bears as a result of improper use methods of the App, etc. by the user.
8. The App contains content that the Company can provide to the user at the time of the App implementation. This does not guarantee that the content provided on the App is without flaw.
9. The Company does not in any way guarantee that information including the information related to the App, etc. obtained by the user as a result of using the App is truthful, beneficial, complete, legal, relevant, trustworthy, useful, correct, etc.
10. The Company will not be held liable, including with respect to the obligation to restore relevant data, etc., in the event that the data, etc. (including user-submitted information) accumulated by the user on the Company’s equipment for the purposes of the App is lost (including instances where the user deletes said data, etc. of his/her own volition) or altered by a third party. Furthermore, the Company will not be held liable for actions that other users take with respect to downloaded user-submitted information (including manipulation, viewing, etc.).
11. Regardless of the provisions in the preceding 10 paragraphs, in the event that applicable laws or the final judgment of the court, etc. deems that the Company is not entitled to exemption of responsibility as stipulated in these Terms, the Company will be held liable for compensating the direct and realistic damages borne by the user.

Article 16 (Applicable Laws and Exclusive Jurisdiction of the Courts)

1. These Terms must be interpreted based on Japanese law.
2. The Osaka District Court will have exclusive jurisdiction in the first instance for all disputes arising between the Company and the user in connection with these Terms.

June 27, 2017