■ HH cross TOWNS Terms of Use

Article 1 (Application)

• The purpose of the Terms is to specify the relationship of rights and obligations between Users and the Company in association with the use of the Services and the App, and will apply to any and all relationships between Users and the Company in association with the use of the Services and the App.
  However, in the event that the Company provides services of a third party through the App in collaboration with or on behalf of a third party such as the Business Operators, etc. (as defined in Article 2), the Terms will not apply; instead, the terms specified by the third party will, in principle, apply.

• In order to use the Services and the App, Users must agree to and abide by the Terms.

• The Company may provide terms and conditions for use of the Services and the App separately from the Terms via the Company’s Website (as defined in Article 2), e-mails sent by the Company, or other such means.
  In such cases, such use conditions will constitute a part of the Terms, and if there are any discrepancies between such use conditions and the provisions of the Terms, such use conditions will take precedence.

Article 2 (Definitions)

The following terms used in the Terms will be deemed to have the meanings specified below.

• “The App” refers to the smartphone application (named “HH cross TOWNS”) required for use of the Services.

• The “Services” refer to the “Spot Information Provision Service” and the “Ticket Service, etc.” (in the event that the name or details of the Services are changed for any reason, the Services after such change will be included in this definition).

• “Intellectual Property Rights” refer to copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc. thereof).

• The “Company’s Website” refers to the website operated by the Company whose domain name includes “hankyu-hanshin.co.jp” or “hhcross.hankyu-hanshin.jp” (in the event that the domain name or content of the Company’s Website is changed for any reason, the website after such change will be included).

• “Users” refer to the individuals who use the Services and the App.

• “Spot Information Provision Service” refers to a service, etc. that provides information on facilities, retail outlets, etc. listed on the App and allows reservations for use (in the event that the name or details of the service is changed for any reason, the service after such change will be included in this definition).

• “Ticket Service, etc.” refers to a service that provides a means to purchase and use the Eligible Products on the App (in the event that the name or details of the service is changed for any reason, the service after such change will be included in this definition).

• The “Eligible Products” refer to rights that can be purchased and used through the Services and the App, the exercise of which entitles Users to use merchandise and service(s) (whether single or multiple) provided by the Company or the Business Operators, etc.

• The “Business Operators, etc.” refer to business operators and business operators designated by the said business operators other than the Company that provide the Services via the App.

• “Usage Information” refers to information such as the use history (including purchase history of the Eligible Products) and access logs of Users when using the Services and the App; the Company will acquire Usage Information.

Article 3 (How the Services are Used)

• Users may use the Services and the App in accordance with the Terms in the manner specified by the Company.
  However, if the OS developer has specified age criteria for use, such criteria are to be followed.

• All equipment and environments (smartphones, etc.) necessary for use of the Services and the App are to be prepared by Users at their own responsibility and expense (including telecommunication costs).
  Users will take measures to protect such equipment from computer viruses, etc.

Article 4 (Use of the Spot Information Provision Service)

• Users may receive information on facilities, retail outlets, etc. through the Services and the App, as well as make reservations for the use of facilities, retail outlets, etc.

• Users acknowledge in advance that information obtained through the Services and the App is information that is current as of a certain point in time; that due to subsequent changes, etc., the information may differ from information that is current at the time in which it is viewed by Users or may have become inaccurate; and that said information is subject to change without any notification provided to said Users.

Article 5 (Use of Ticket Service, etc.)

• Users may receive Ticket Service, etc. that are provided through the Services and the App.

• In order to receive Ticket Service, etc., Users must agree to the Terms and the Hankyu Hanshin Group cross ID Membership Terms and Conditions, as well as other ancillary and related terms and conditions, etc., before registering for the Hankyu Hanshin Group cross ID (hereinafter referred to as the “HH cross ID”) and logging into the App with their HH cross ID.
  Users will comply and familiarize themselves with the Terms, the Hankyu Hanshin Group cross ID Membership Terms and Conditions and any other ancillary and related terms and conditions, etc., as well as any terms and conditions specified by the Business Operators, etc.

• Users may purchase and use the Eligible Products as specified separately by the Business Operators, etc. by paying the price for the Eligible Products as separately specified by the Business Operators, etc.

• Users will use the Services and the App with the understanding that the Eligible Products are provided within the Services and the App, and in the event that the provision or use of the Services and the App has been suspended or terminated, the provision or use of the Eligible Products will also be suspended or terminated.

• Users acknowledge that the Business Operators, etc., and not the Company, are the providers of the merchandise and services made available by the Eligible Products, and will use the Services and the App with the understanding that the Company is not a party to any contractual agreement with Users in association with the use of such merchandise and services.
  In addition, Users will, at their own responsibility and expense, fulfill their contractual obligations (including, but not limited to, compliance with the prohibitions prescribed by the Business Operators, etc.) under any contractual agreement related to the use of such merchandise and services they have concluded with the relevant Business Operators, etc.

Article 6 (Refund of Merchandise)

• Users may request refunds of the consideration for the Eligible Products by the prescribed method only within 28 days after the payment of the consideration for the Eligible Products (calculated from the date on which Users have completed the settlement procedures for the purchase of the Eligible Products by the method prescribed by the Company; hereinafter referred to as the “Period of Validity for the Eligible Products”).
  However, in the event that Users have commenced use of the Eligible Products by the prescribed method after payment of the consideration for the Eligible Products, no refund of the consideration for said Eligible Products may be demanded.

• In addition to the cases set forth in Paragraph 1, if Users are unable to use the Eligible Products even after they have commenced use of the Eligible Products by the prescribed method due to a significant delay in the transportation service available for the Eligible Products, inclement weather, accidents, or any other reason (except for reasons deemed by the Business Operators, etc. to be reasons cited for the convenient self-interest of Users; hereinafter referred to as the “Delay, etc.”), Users may request a refund of the consideration for the Eligible Products from the Business Operators, etc. via the Company by notifying the HH cross Member Call Center (as described in Article 9) of the details of the Delay, etc. and the purchase number notified at the time of payment of the consideration for the relevant Eligible Products.
  In the event that Users request a refund of the consideration for the Eligible Products pursuant to this Paragraph, the Company will decide whether such refund will be made upon consultation with the Business Operators, etc., and Users will refrain from contesting such decision made by the Company if it is decided that Users will not receive such refund.

• In the event a refund is issued pursuant to the provisions of Paragraph 2 above, the refund will be paid in the following manner after the Company confirms that the Eligible Products that were the subject of the refund are definitely no longer available.

  • If a refund is requested pursuant to the provisions of Paragraph 1, or if a refund is made pursuant to the provisions of Paragraph 3, an amount equal to 8% of the consideration (including consumption tax) for the Eligible Products will be deducted as a refund fee from the consideration for such Eligible Products.

  • If a request for a refund is made pursuant to the provisions of Paragraph 2, the full amount of the consideration for such Eligible Products will be refunded to Users making such request.

  • Even if a request can be made pursuant to the provisions of Paragraph 2, the refund will be issued in accordance with the provisions of Item (ⅰ) if no notice is given pursuant to the provisions of Paragraph 2 and the refund is issued based on a request made pursuant to the provisions of Paragraph 1.

• Users may not request a refund of only one outbound ticket or one return ticket for a round-trip ticket prior to the commencement of use of such ticket, unless otherwise agreed to by the Company.

• The Company will refund the amount of the refund pursuant to Paragraph 3 within two months from the date of confirmation in accordance with Paragraph 3 by means of canceling the payment made by the credit card used by Users to pay for the Eligible Products.

Article 7 (Changes in the Contents of the Eligible Products)

• Users agree in advance that the contents of the Eligible Products (name, price, merchandise, etc.) are subject to change without prior notice even after the purchase of the Eligible Products by Users, and Users will refrain from raising any objection whatsoever to such changes in the Eligible Products in question.

• In the event that a refund is issued for the Eligible Products due to a change in the contents of the Eligible Products, a refund fee will also be charged as specified in Article 6.

Article 8 (Action Taken in the Event of Improper Use of Tickets)

In the event that Users commit an act that falls under improper use as specified by a relevant business operator, the fares and fees for areas traveled by Users will be collected together with an additional fare equivalent to twice the amount of the said fares and fees.

Article 9 (Point of Contact for Inquiries Regarding the App)

Group Business Development Division, Hankyu Hanshin Holdings, Inc.
Telephone No.: 050-3185-6774 (HH cross Customer Support)
Hours: 10:00 - 18:00 (except Saturdays, Sundays, national holidays, year-end and New Year holidays, Golden Week, and Obon holidays)

Article 10 (Prohibitions)

• Users may not transfer, assign, or offer as collateral to third parties their status, rights, or obligations under the Terms in whole or in part without the prior written consent of the Company.

• Users may not engage in any of the following conduct in association with the use of the Services and the App.

  • Conduct that infringes or may infringe upon the rights of the Company or other parties.

  • Conduct that discriminates against or slanders others, or that defames or discredits others.

  • Criminal acts or acts that may lead to criminal acts.

  • Conduct intended to solicit participation in a specific organization.

  • Conduct intended to solicit job offers, donations, or investments.

  • Conduct related to election activities, political activities, and religious activities.

  • Conduct that causes damage to computers, etc. of the Company or other Users, such as computer viruses.

  • Transmitting data through the Services and the App in excess of a prescribed data volume as specified by the Company.

  • Development, distribution, or provision of services identical or similar to the Services and the App, or services that are derivative works of the Services, without the consent of the Company.

  • Impersonating a third party while using the Services and the App.

  • Collecting personal information of others without the consent of the individuals or through fraudulent means.

  • Conduct that interferes with the use or operation of the equipment of another party or the equipment for the Services and the App (refers to communications equipment, communications lines, computers, and other devices and software provided by the Company).

  • Taking advantage of any malfunction or failure of the Services and the App for any unauthorized purpose, or causing another party to be affected by such.

  • Conduct that interferes with the operation of the Services and the App, damages the reputation of the Company or infringes on the property of the Company, or causes disadvantages to be suffered by other parties or the Company.

  • Conduct that violates laws, ordinances, and/or public order and morals.

  • Conduct that causes discomfort to other Users.

  • Conduct that violates the Terms, the Hankyu Hanshin Group cross ID Membership Terms and Conditions, other ancillary and related terms and conditions, etc., and various terms and conditions related to the Services.

  • Misrepresenting one’s age to use the Services.

  • Any other conduct reasonably deemed to be inappropriate by the Company.

• In the event that the Company reasonably determines that conduct by Users committed in the use of the Services and the App falls under any of the items of the preceding Paragraph or could fall under any of said items, the Company reserves the right to delete, suspend transmission, or take other action with regard to some or all of the information transmitted in association with such conduct without providing prior notice to Users.
  The Company assumes no liability whatsoever for damages suffered by Users based on actions taken by the Company pursuant to this Paragraph.

Article 11 (Suspension of the Services and the App, etc.)

• The Company reserves the right to suspend or interrupt in whole or in part the Services and the App without prior notice to Users in any of the following cases

  • When performing periodic or emergency inspection or maintenance of the computer system pertaining to Services and the App.

  • When computers, communication lines, etc. shut down due to an accident.

  • When the Services and the App cannot be operated due to force majeure such as fire, power outage, natural disaster, etc.

  • When the Company otherwise reasonably deems suspension or interruption to be necessary.

• The Company reserves the right to modify or terminate the contents of the Services and the App provided, in whole or in part for any reason and without prior notice to Users.

• The Company assumes no liability whatsoever for damages suffered by Users based on actions taken by the Company pursuant to this Article.

Article 12 (Responsibility for Equipment Costs, etc.)

• Users are responsible at their own expense and responsibility for the preparation and maintenance of computers, smartphones, software, and other devices, communication lines, and other communication environments, etc. necessary for receiving the Services and the App.

• Users will at their own expense and responsibility implement security measures such as the prevention of computer virus infection, prevention of unauthorized access, and prevention of leakage of information as appropriate for their own use environment for the Services and the App.

• Even if the Company has stored messages and other information sent and received by Users for a certain period of time for operational purposes, it is under no obligation to store such information, and the Company reserves the right to delete such information at any time.

• In the event that Users install an application, etc. by means of download or other methods from the Company’s Website on a computer, smartphone, etc. of Users at the start of use of the Services and the App or during the use of the Services and the App, Users will exercise due diligence to prevent the erasure or alteration of information retained by said Users, and to prevent device malfunction, damage, etc. from occurring.

Article 13 (Attribution of Rights)

• All ownership and intellectual property rights related to the Company’s Website, and the Services and the App belong to the Company or parties that have licensed their rights to the Company. The granting of license to use the Services and the App under the Terms does not constitute a transfer or license of intellectual property rights of the Company or parties that have licensed their rights to the Company in association with the Company’s Website or the Services and the App, except as expressly provided for in the Terms.
  Users will refrain from engaging in any conduct (including, but not limited to, reverse assembling, decompilation, and reverse engineering), no matter the reason why such conduct is performed, that may infringe upon the intellectual property rights of the Company or any party that has granted a license to the Company.

• The Company reserves the right to freely use (including reproduction, duplication, alteration, sublicensing to third parties and any and all other forms of utilization) without compensation all texts, images, videos, and other data posted or transmitted by Users on the Company’s Website or via the Services and the App for the purpose of providing and improving the Services and the App, in-house development of new merchandise and services, and the creation and provision of statistical information, etc. in a form that cannot be used to personally identify any Users.

Article 14 (Sanctions Suspending the Use of the Services and the App, etc.)

• The Company reserves the right to suspend the ability of Users to use the Services and the App without prior notice or demand in the event that any of the following apply to such Users.

  • When Users have violated the clauses of the Terms, the Hankyu Hanshin Group cross ID Membership Terms and Conditions, other ancillary and related terms and conditions, etc., and various terms and conditions related to the Services.
  • When registered information is found to have a false fact.
  • When Users have used or attempted to use the Services and the App for any purpose or in any manner that may cause damages to be suffered by the Company, other Users, the Business Operators, etc., or any other third party.
  • When Users interfere with the operation of the Services and the App, regardless of the means employed for such interference.
  • When Users cease to make payments or become insolvent, or file a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any other similar proceedings.
  • When Users have not used the Services and the App for 6 months or more and have not responded to communications from the Company.
  • When the Company otherwise reasonably determines that the use of the Services and the App by Users is not appropriate.

• In the event of any of the circumstances set forth in items of the preceding Paragraph, Users will automatically forfeit the benefit of the term of any and all obligations owed to the Company, and must immediately pay all financial obligations to the Company.

• The Company is under no obligation to respond to any questions or complaints regarding suspension of use, etc.

• The Company assumes no liability whatsoever for damages suffered by Users based on actions taken by the Company pursuant to this Article.

Article 15 (Disclaimer of Warranty)

• The Company makes no warranty of any kind whatsoever regarding any merchandise and services provided by the Business Operators, etc.
  The Services and the App are provided on an “as is” basis, and the Company makes no warranties whatsoever regarding the Services and the App, including, but not limited to, warranties of fitness for a particular purpose, commercial usefulness, completeness, continuity, etc.

• The Company makes no warranty to Users beyond what is stipulated in the Terms, even if Users have obtained any information directly or indirectly from the Company related to the Services and the App, the Company’s Website, Business Operators, etc., other Users of the Services and the App, or any other matters.

• Users are to investigate, at their own responsibility and expense, whether the use of the Services and the App violates any laws, regulations, internal rules of any industry organization, etc. that may be applicable to Users. The Company makes no warranty that the use of the Services and the App by Users will conform to the laws, regulations, internal rules of industry associations, etc., that may be applicable to Users.

• Users are responsible for handling and resolving any transactions, communications, disputes, etc. arising between Users and other Users, the Business Operators, etc., or other third parties in association with the Services and the App or the Company’s Website. The Company assumes no liability whatsoever for such matters, except as may be attributable to the fault of the Company.

• Even in cases where the Business Operators, etc. fail to properly perform their contractual obligations with respect to the merchandise and services provided through the Services and the App, the Company is not obligated to perform such contractual obligations on behalf of such Business Operators, etc. and assumes no liability whatsoever for such nonperformance.

• The Company assumes no liability whatsoever for any interruption, suspension, termination, unavailability, or modification of the Services and the App by the Company, deletion or loss of messages or information of Users, erasure of Users’ registered information, loss of data or malfunction or damage to equipment due to the use of the Services and the App, or any other damages incurred by the party in association with the Services or the App, except in cases where such are attributable to the fault of the Company.

• The Company assumes no liability whatsoever for any website other than the Company’s Website and any information obtainable therefrom, even if links from the Company’s Website to other websites or links from other websites to the Company’s Website are provided, except in cases where the Company is responsible for the content of such websites.

• The Company assumes no liability whatsoever for any damages suffered by Users in association with the Services and the App.
  In the event that the Company is held liable for damages suffered by Users due to the enforcement of the Consumer Contract Act or for any other reason, such liability is limited to direct and ordinary damages, and does not include indirect damages such as lost profits, lost business opportunities, etc.

Article 16 (Liability of Users for Compensation, etc.)

• Users must indemnify the Company for any damage caused to the Company by Users violating the Terms or in association with the use of the Services and the App by Users.

• In the event that Users receive claims from other Users, the Business Operators, etc., or other third parties in association with the Services and the App, or have disputes with such parties, Users will immediately notify the Company of the details of such claim or dispute, handle such claim or dispute at the expense and responsibility of said Users, and report the development and outcome of such claim or dispute to the Company upon request by the Company.

• In the event that the Company receives any claim from other Users, the Business Operators, etc., or any other third party for infringement of rights or any other reason in association with use of the Services and the App by Users, Users who have caused the claim to be made must indemnify the Company for any amount that the Company is forced to pay to such third party pursuant to such claim.

Article 17 (Modification of the Terms, etc.)

• The provisions of the Terms (including rules, regulations, etc. related to the Services and the App posted on the Company’s Website; the same applies hereinafter in this Paragraph) are subject to change without prejudice to the objectives of the Agreement, and to the extent reasonable, to conform to changes in social conditions or when otherwise reasonably necessary.

• When the Terms are changed in accordance with the preceding Paragraph, the content of the changed Terms and the date on which they become effective will be announced on the Company’s Website or by other means in advance, and the revised Terms will become effective after a reasonable period of time specified at the time of such announcement has elapsed.

Article 18 (Communications and Notifications)

Inquiries concerning the Services and the App, and communications or notifications from Users to the Company, as well as notifications concerning changes to the Terms and communications or notifications from the Company to Users are to be conducted in the manner specified by the Company.
The Company will send notices or communications to the currently registered contact information with the assumption that such contact information is valid, and the notices or communications will be deemed to have reached Users at the time they are sent, unless Users have provided notice of changes to contact information using the method separately specified by the Company.

Article 19 (Assignment of the Terms, etc.)

• Users may not assign, transfer, pledge as collateral, or otherwise dispose of their status under the use agreement or their status, rights, or obligations under the Terms to any third party without the prior written consent of the Company.

• In the event that Company transfers the Services and the App to a third party (irrespective of whether it is a transfer of business, company split, or any other type of transfer), the Company reserves the right to transfer any status under the use agreement, the status, rights and obligations under the Terms, and the registered information and other customer information of Users to the transferee of such transfer, and Users will be deemed to have consented to such transfer in advance under this Paragraph.

Article 20 (Complete and Full Agreement)

The Terms constitute complete and full agreement between the Company and Users with respect to the matters included herein, and supersede all prior agreements, representations and understandings, whether oral or written, between the Company and Users with respect to the matters included herein.

Article 21 (Severability)

Even if a provision of the Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws, regulations, etc., the remaining provisions of the Terms and the remaining valid portions of any otherwise invalid or unenforceable provision will remain in full force and effect. The Company and Users will endeavor to amend the invalid or unenforceable provision or part to the extent necessary to render it legal and enforceable, and every effort will be made to ensure that such revisions have a similar purport and are legally and economically equivalent to the invalid or unenforceable provision or part.

Article 22 (Survival Provisions)

The provisions of Article 6 Paragraph 2, Article 7 Paragraph 1, Article 10 Paragraph 3, Article 11 Paragraph 3, Articles 12 and 13, Article 14 Paragraphs 2 and 4, Articles 15 and 16, and Articles 19 through 23 inclusive will remain in effect even after termination of use of the Services and the App.

Article 23 (Governing Law, Court of Jurisdiction, and Language)

The Terms are governed by and construed in accordance with the laws of Japan, and the Osaka District Court shall exercise competent and exclusive jurisdiction as the court of the first instance in any dispute arising out of or relating to the Terms.
The Japanese language version of the Terms will be regarded as the definitive version.
Translations in other languages are provided solely for the convenience of Users, and only the Japanese version will be legally binding between Users and the Company.

Article 24 (Resolution by Negotiation)

In the event that any matter is not stipulated in the Terms or any question arises concerning the interpretation of the Terms, the Company and Users will promptly resolve the matter through mutual consultations in accordance with the principles of good faith.