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App terms of use

*This English translation is provided for reference purpose only. If any discrepancy is identified between this translation and the Japanese original, the Japanese original shall prevail.

 

Chapter 1 General Provisions

Article 1 (Terms of Use)

1. These Terms of Use (hereinafter referred to as the "Terms of Use") shall apply to Peach Aviation Limited (hereinafter referred to as the "Company") and customers (hereinafter referred to as "User(s)") who use the Peach Application (hereinafter referred to as the "Application") provided by the Company.
2. When a User downloads the Application to his/her mobile device such as a smartphone (hereinafter referred to as the "User's Device") and logs in to his/her Peach Account using the Application, the User shall be deemed to have agreed to these Terms of Use and a contract for the use of the Application shall be established between the User and the Company.
3. These Terms of Use and any notices, etc. posted by the Company on the Application or directly communicated to the User individually shall be deemed to be an integral part of these Terms of Use, and the User shall be obligated to comply with all of them.

 

Article 2 (Modification of Terms of Use)

The Company may change these Terms of Use without the prior consent of the User if any of the following applies.
i. When it is in the general interest of the User; and/or
ii. When there is a change in social, economic, or other circumstances, a change in laws or regulations, a change in the actual situation regarding the Application, or any other reasonable cause.
In this case, the Company shall make the contents of the amended Terms of Use known by displaying them on the Application or the Company's website, or by giving notice in a manner determined by the Company. In the case of ii. above, the revised Terms of Use shall apply from the date on which a reasonable period of time specified at the time of such notification has elapsed.

 

Article 3 (Definitions)

1. The term "App Contents" as used in these Terms of Use refers to the contents of the Application and various information provided by the Company to the User through the Application.
2. The term "User-Submitted Information" as used in these Terms of Use refers to information provided by the User through the Application.

 

Chapter 2 Use of the Application

Article 4 (Terms and Conditions for Use of the Application)

1. The User acquires a non-exclusive right to use the Application free of charge in accordance with these Terms of Use.
2. Any communication costs incurred in downloading, using or updating the Application shall be paid by the User and shall not be borne by the Company.
3. In order to use the Application, Users need to register a Peach Account and log in to the Peach Account.

 

Article 5 (Changes to the Application Contents)

1. The Company reserves the right to change the App Contents. Unless otherwise specified by the Company, such changes shall take effect at the time the Company changes the App Contents on the Application.
2. In the event that the App Contents are changed in accordance with the preceding paragraph, the Company shall not be liable for any damages incurred by the User as a result of such changes.

 

Article 6 (Suspension of Provision of the Application)

1. The Company may suspend, terminate, or discontinue to provide all or part of the Application and/or App Contents (hereinafter collectively referred to as "Suspension, etc.") without prior notice to the User in the event that the Company deems any of the following events to have occurred.
 (1) In the event of periodic or emergency maintenance of the facilities necessary for providing the Application and/or App Contents.
 (2) In the event that the Application and/or App Contents become unavailable due to fire, power failure or other unforeseen accident.
 (3) In the event that the Application and/or App Contents become unavailable due to a natural disaster such as an earthquake, eruption, flood, or tsunami.
 (4) In the event that the Application and/or App Contents become unavailable due to war, upheaval, riot, civil commotion, labor dispute, trade stoppage, strike, inability to secure supplies and transportation facilities, or intervention by government authorities.
 (5) In the event that the Company deems it necessary to suspend the Application and/or App Contents for other operational or technical reasons.
2. The Company shall not be liable for any damages incurred by the User or a third party due to the Suspension, etc. of the provision of the Application and/or App Contents caused by any of the above paragraph.

 

Article 7 (Suspension of Use of the Application)

1. Users who wish to stop using the Application can do so by uninstalling the Application.
2. In the event that the Company determines, based on reasonable grounds, that a User has violated any provision of these Terms of Use, the Company may immediately suspend the use of the Application by such User.

 

Chapter 3 User's Responsibilities and Obligations

Article 8 (Principle of self-responsibility)

1. Users shall comply with these Terms of Use, respect others, and use the Application at their own risk by observing laws, morals, and manners.
2. In the event that the User causes damage to the Company, the stores listed on the Application, or any other third party in connection with the use of the Application (including cases where the Company, the stores listed on the Application, or any third party suffers damage due to the User's failure to comply with the obligations under these Terms of Use), the User shall be liable for all damages (including legal fees and attorney's fees) at his/her own responsibility and expense.
3. Users shall manage their Peach Account (email address, password) and User's Device at their own risk. The use of the Application, including the entry of Peach Account into the Application, shall be deemed to be the act of the owner of the Peach Account. Peach shall not be liable for any damages incurred by the User due to the use of the Application, including cases where the Peach Account or User's Device is used by a third party, unless there is intentional or gross negligence on the part of Peach.
4. The Company shall not be liable for any damages caused by the User's violation of these Terms of Use, deviation from the proper use of the Application, or inadequate use of the Application.

 

Article 9 (Prohibited Matters)

The User shall not engage in any of the following acts. 
(1) Assigning, selling, licensing, lending, or leasing the Application or the right to use the Application to a third party;
(2) Duplicating or altering all or part of the Application;
(3) Reverse engineering, decompiling, or disassembling of the Application
(4) Unauthorized access to the facilities for the Application (including communication facilities, communication lines, computers, and other equipment and software provided by the Company or designated by the Company to provide the Application);
(5) Extracting or monitoring the usage of the Application, identification of individuals, or information about the Application or the User by using network monitoring or detection software or other methods;
(6) Sending, writing, or posting information that contains computer viruses or other harmful computer programs to the Application;
(7) Acts that interfere with the use of the Application by other users or the operation of the Application by the Company (including acts that place a burden on the server beyond the scope of normal use);
(8) Acts of using the Application by impersonating other users;
(9) Acts that violate or may violate laws and regulations or these Terms of Use; and/or
(10) Other actions that the Company deems inappropriate.

 

Chapter 4 Operation, etc.

Article 10 (Intellectual Property Rights)

1. Copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights) related to the Application and the App Contents belong to the Company or the provider of the App Contents. Users may not use the information themselves, or disclose or allow a third party to use the information, except with the permission of the Company or a third party that has granted a license to the Company, or within the scope of private use as stipulated in Article 30 of the Copyright Act.
2. The rights to the trademarks, logos, service marks, etc. (hereinafter collectively referred to as "Trademarks, etc.") displayed on the Application belong to the Company or the rights holders. The Company does not transfer or license any Trademarks, etc. to the User or any other third party under these Terms of Use.

 

Article 11 (Rights of the Company)

1. The Company may freely post advertisements and other materials handled by third parties designated by the Company on the Application.
2. The Company may collect information (including, but not limited to, User-Submitted Information) from Users on the Application. The Company shall strictly manage the collected information in accordance with the security policy stipulated in the following article.

 

Article 12 (Security Policy)

1. The Company shall comply with the following items in operating the system information infrastructure of the Application (hereinafter referred to as the "System").
(1) Access to and operation of the System shall be limited to only those persons in charge and system administrators designated within the Company.
(2) To ensure that the functions of this System operate normally, the introduction and operation of an appropriate security system that is normally available shall be used against viruses and external intrusions.
(3) Even when the business operation of this System is outsourced to an external service provider, compliance with the preceding two items shall be ensured.
2. The Company will acquire the User's location information if the User permits the Company to acquire the User's location information. The Company will acquire and use the location information within the scope of the purposes of determining whether or　not the User can proceed with the boarding process, and investigating and analyzing the boarding process.
3. In addition to the provisions of the preceding paragraph, the Company will appropriately manage the overall handling of Users' personal information in accordance with the Company's Privacy Policy.

 

Article 13 (Exemption from Liability and Indemnification for Damages)

1. The Company shall not be liable for any damages caused by the User's use (including but not limited to billing, purchase of goods, etc.) of websites operated by third parties other than the Company when links to such websites are posted on the Application.
2. The Company does not guarantee the usefulness, completeness, legality, appropriateness, reliability, accuracy, etc. of the information, etc. including the App Contents obtained by the User through the use of the Application.
3. The Company shall not be liable for the loss (including deletion by the User) or alteration by a third party of the data in the User's Device due to reasons beyond the Company's prediction or system failure. However, this shall not apply in cases where the Company is willful or grossly negligent.
4.In accordance with the terms and conditions provided by the Company on its website or within the Application, the User may use the boarding procedure service using the Application by permitting the Company to acquire location information; provided however the service may not be available due to your communication environment, type of User’s Device, system malfunction, etc (hereinafter referred to as "malfunction, etc."). The Company shall not be liable for any disadvantage or damage incurred by the User due to such malfunction, etc., unless the Company is intentionally or grossly negligent.

5. If Users enable the notification setting of the Application, the Company may send Users flight operation information and other notifications for User’s convenience, but the Company does not promise and/or guarantee to notify Users. Please check the Company’s website for the latest flight operation information. In addition, the notification function may not be available due to malfunction, etc.. The Company shall not be liable for any disadvantage or damage caused to the User due to such malfunction, etc., unless the Company is intentionally or grossly negligent.

 

Article 14 (Governing Law and Exclusive Jurisdiction)

1. These Terms of Use shall be construed in accordance with the laws of Japan.
2. The Osaka District Court shall be the exclusive jurisdictional court of the first instance in the event that a lawsuit arises between the Company and a User in relation to these Terms of Use.

 

19th day of July, 2022