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Membership Terms and Conditions



ARTICLE 1 (DEFINITIONS)


The meanings of the terms used herein shall be as set forth below.
•"We" - Peach Aviation Corporation
•"Peach Account Site" - Peach Account Site, a member-only service site operated by us (https://myaccount.flypeach.com)
•"SERVICES" - ALL SERVICES PROVIDED FROM THE Peach Account Site
•"User" - All Customers to whom the Services are used
•"Membership" - Users who have agreed to this Agreement and registered the use of the Membership Services provided by us in accordance with the prescribed procedures.


ARTICLE 2 (Application and Revision of Terms of Service)


1. These Terms and Conditions are the contents of the Agreement that will be applied when users use the Services that we operate.
2. In the event of any of the following, we may amend or revise the contents of this Agreement from time to time without obtaining the prior consent of the user.
① In conformity with the general interests of the user
② Changes in social and economic conditions, changes in laws and regulations, changes in the actual conditions of this service and other reasonable grounds are recognized.
3. In the event that changes are made to these Terms and Conditions pursuant to the provisions of the preceding paragraph, we shall notify the user of the contents of the changed Terms and Conditions by displaying them on our website or by notifying the user in the manner set forth by us. In the event these Terms and Conditions are changed pursuant to Item ② of the preceding clause, the revised Membership Terms and Conditions shall apply from the day on which the reasonable period of time set forth in this notification has elapsed.


ARTICLE 3 (Membership Registration)


1. Membership registration is required to use this service.
2. In the case of a minor, the consent of the person who has parental authority for the membership registration or the guardian is required.
3. Any person who wishes to become a member of this service shall agree that this Agreement shall be the contents of the contract applicable to the use of this service and apply for membership registration according to our prescribed procedures. We may request the submission of materials for the purpose of identity confirmation, etc. with regard to the contents of the membership application.
4. A Member shall be deemed to have accepted the receipt of an e-mail containing important information concerning the Services to be transmitted from us.
5. The membership registration shall be completed when the registration information of the member is sent to us and we have issued an ID account to the applicant.
6. In the event that it is determined by us that true and accurate information regarding the contents of the membership application has not been provided, we may delete the ID account of the member concerned and may refuse to use the Service in the future.
7. Membership qualifications may not be transferred or lent. In addition, the rights and obligations under this Agreement may not be assigned, succeeded to, or pledged as collateral to any third party, in whole or in part.
8. In the event that the Membership Agreement is amended pursuant to the provisions of Clause 2 of Article 2 hereof, we shall obtain the consent of each Member individually with respect to the contents of the amended Membership Agreement. In this case, we shall disseminate the contents of the revised membership agreement in accordance with the provisions of Paragraph 3 of Article 2.


ARTICLE 4 (Change of registration matters)


1. In the event of any change in the registered matters, the Member shall promptly notify us of such change in accordance with our prescribed procedures.
2. In the absence of this notification, we shall be entitled to treat the registration matters as unchanged.


ARTICLE 5 (Withdrawal from membership)


1. Members may withdraw from membership at any time in accordance with our prescribed procedures.
2. At the time of withdrawal from the membership, the Member shall assume the responsibility for back-up of the data, and we shall not be involved in the maintenance of the data after the cancellation of the membership, and shall assume no responsibility whatsoever.
3. When a member withdraws from the membership, the member shall lose any and all rights of the member in this service. In addition, in the event that a member withdraws from the membership, we shall be entitled to delete the registered data of the member from the server at our discretion.


ARTICLE 6 (Rights to use the services and copyrights)


The copyrights of Peach Account Site shall be owned by us. Materials on the Peach Account Site may only be viewed by members for personal use. Access to the Peach Account Site does not imply permission to reproduce or distribute such materials.


ARTICLE 7 (ID and Passwords)


1. The Member shall assume all responsibility for the management and use of ID/passwords granted by us to the Member at the time of membership registration.
2. Members shall not allow third parties to use their ID and passwords, nor may they lend, transfer, trade, pledge, or otherwise.
3. The member shall be responsible for the inadequate management of the device with the ID, password, ID, and password, and for the inappropriate use or damage caused by the negligent use of the device, the use of a third party, and we assume no responsibility whatsoever.


ARTICLE 8 (Revocation of membership)


1. In the event a member is found to fall under any of the following after the application for membership registration, we shall be entitled to suspend or cancel the membership qualification of such member and to delete the registered data of such member from the server without any notice or demand whatsoever.
① In the event it is found that the matters to be entered at the time of the membership application are false.
② Unauthorized use of ID or password.
③ Unauthorized use of information provided by this service (including information of the destination; hereinafter referred to as "provided information").
④ In the event of any act in violation of this Agreement.
⑤ In the event of any impediment to the operation of the Services
⑥ In the case of an anti-social force such as an organized crime group, or in the case of funding or other involvement with an anti-social force, or in the case where we judge that it falls under any of these.
⑦ In the event the membership of the Service has been cancelled in the past
⑧ In the event that we suffer any disadvantage or damage due to the activities of the Members.
⑨ Otherwise, if we judge that the Service is inappropriate for use.
2. In the event that we or a third party suffer damage due to the act of a member who falls under any of the items in the preceding paragraph, such member shall compensate us and a third party for such damage.
3. We shall not be liable for any damage whatsoever even if the Member is damaged due to the cancellation or suspension of membership or the deletion of the registered data of the Member from the server in accordance with Paragraph 1.


ARTICLE 9 (Notice from us)


1. When notifying members in connection with the Services, we will do so in such manner as we deem appropriate, such as by posting it on the Site or by sending it to the registered e-mail address or address.
2. In the event that we make the notification, etc. set forth in the preceding paragraph on the website of this service, such notification, etc. shall be deemed to have arrived at the user as of the date of posting such notification, etc. on the website.
3. In the event that we send the notification, etc. in Clause 1 by e-mail, the e-mail shall be sent to the e-mail address registered with us and shall arrive at the time when the e-mail normally arrives.
4. We shall not be liable for any damages caused by false, fault, defect in the considerations notified to us by the Member, or the notification from us.


ARTICLE 10 (Handling of Personal Information)


1. We shall handle the personal information of users in accordance with our separately prescribed privacy policy.
2. When a user uses this service, the user information set forth in (2) shall be automatically transmitted to the server managed by us and we shall use the user information within the scope necessary to achieve the purpose of use set forth in (1).
(1) Purpose of use
① Provision and functional improvement of this service
② Distribution of recommendation information from us to users of this service (provision of coupons and other information)
③ Improvement and new examination of services, business and technologies in the tourism and ICT sectors
(2) Items of user information
Basic attribute information (place of residence, year of birth, sex, and reservation information) of users and passengers selected and entered by users of this service
Questionnaire information provided by users of this service
3. We may provide the user information to the contractor to the extent necessary for the purpose set forth in the preceding paragraph, and the user agrees in advance.
4. We may disclose the user's personal information to a third party, such as a credit card company registered by the user to the extent necessary, in the event we deem it necessary to identify the user's obligations to us, to pay the charges arising from the use of this service, or to collect the unpaid charges. Provided, however, that we will conduct strict management, such as checking the handling method, including disposal of information, between the relevant third party and us.


ARTICLE 11 (Change, stop, and removal of the content of services)


1. We may change the contents of this service for maintenance, improvement of service, etc., and such change shall be made in accordance with the provisions of Article 2.
2. We may suspend or discontinue the Services with a certain period of notice, except in an emergency.
3. Any change, suspension or abolition as set forth in the preceding two paragraphs shall be notified through such means as we deem reasonable.
4. We will not be liable for any disadvantage or damage to the User as a result of any change, suspension or discontinuation of the Services, except as a result of our willful misconduct or gross negligence.


ARTICLE 12 (Special interruption of services)


In the event of any of the following, we may temporarily suspend the Services without prior notice to the user. In addition, we shall not be liable for any damages incurred by users or other third parties resulting from any delay or interruption in the provision of the Services due to any of the following causes, except due to our willful misconduct or gross negligence.
(1)In the event that the Service is no longer available due to acts of God, etc.
(2)Regular or emergency maintenance, inspection, repair or alteration of systems (including communication lines, power sources, and buildings containing them)
(3)In the event that the Service is no longer available due to fire, power failure, natural disaster, or other force majeure.
(4)Cases where Regulations, Judicial Orders, etc. are Applied by Laws and Regulations
(5)In the event that we deem it necessary to temporarily suspend the Services for operational and technical reasons.


ARTICLE 13 (Compensation for Damages)


1. We shall not be liable to any user for any damages arising from the use of this service except for the reason of our willful intention or gross negligence.
2. In the event that a user causes damage to another user or a third party due to the use of this service, or in the event of a claim or dispute arising from such user, such user shall be responsible for and at the expense of such user, and shall not cause any damage to us.
3. In the event that a user causes damage to us due to acts contrary to this Agreement or due to fraud or illegal acts, we shall be entitled to claim damages from such user.


ARTICLE 14 (Non-warranty and indemnification)


1. We assume no warranty with respect to the information provided, and make no representation or warranty, express or implied, as to the accuracy, legality, business, or completeness of the information provided.
2. The information provided is not a recommendation for us to buy or sell products or possess them, or to apply for a service provided by a third party. Users are requested to make purchases of products at their own discretion and responsibility.
3. We will not be liable for any damage caused to the user or a third party due to the use of the provided information, unless it is due to our willful misconduct or gross negligence.
4. With respect to the Services, we will not be aware of or responsible for any dispute that may arise between the User and any third party or for any damage to the User.


ARTICLE 15 (Governing Law and Court of Jurisdiction)


1.The governing law for this service and other terms and conditions shall be Japanese law.
2.The Osaka District Court shall be the agreed exclusive jurisdictional court of first instance for any dispute concerning this service.


Effective Date: March 31, 2020