These Terms of Service (“Terms”) describe the terms and conditions for using services on the Sapporo City Center Data Platform and its App, Satsu-chika, (collectively “Service”) provided by the Sapporo City Center Data Platform Utilization Consortium (“Consortium”). The User must consent to all of these Terms and register before using this Service.
For the purposes of these Terms, the following terms have the following meanings, respectively, unless otherwise specified:
These Terms apply to all relationships between the User and the Consortium related to the use of this Service. The User is advised to use this Service in accordance with the terms and conditions herein.
The User shall comply with all documents, separate from these Terms, that are posted online or distributed to the User by the Consortium under the titles of guidelines, policies, rules and the like in relation to this Service as such documents shall be deemed part of these Terms. If there are contradictions between such documents and these Terms, the documents with the latest date and time of update shall prevail.
The Consortium may change these Terms if necessary. If changes are made to these Terms, the Consortium shall notify the User of the changes in advance. If the User does not agree with the notified changes, the User shall delete the account permanently without using this Service. A User who fails to take the necessary step within thirty (30) days of receiving the notice or who uses this Service after receiving the notice is deemed to have agreed to those changes.
To use this Service, the User shall consent to the terms and conditions herein and provide certain information by the method specified by the Consortium (“Registered Information” including all subsequent changes). The Consortium shall then issue a Unique ID after examining the details of each application for this Service.
The User shall keep Registered Information accurate and up to date by correcting any errors and making changes if necessary by the method specified by the Consortium. The User shall be responsible for all disadvantages that may result from failure to take such steps.
The User shall be responsible to maintain in strict confidentiality the email address, password, and so forth that have been registered with this Service (“Email Address and Password”) to prevent unauthorized use of the account. If it is found that the Email Address and Password were used or stolen by a third party, the User shall promptly notify the fact to the Consortium and follow the instructions of the same. The Consortium may deem any act performed using the Email Address and Password to be an act of the concerned User.
The Unique ID shall not be transferred, lent, traded, sold, inherited or in any other way transferred to any third party.
The User may permanently delete his/her account at any time by the method specified by the Consortium. All personally identifiable information relating to the User will be deleted at the time of the deletion.
After deletion of the account, some or all functions of the App may continue to be used while the App remains installed on a PC, smartphone and/or other device and/or be included in software, communication lines and/or other communication environments (“Device”). Even in such a case, personally identifiable information will not be collected, and the use of such functions will thereby be restricted.
In addition to the above stipulations, if a User requests the Consortium to delete Registered Information allowing identification, the Consortium shall immediately notify the request to the Associated Services with which it has separately concluded contracts, and request the deletion of that information. Deletion of Registered Information allowing identification may result in restricted functionality.
If a User falls under any of the following categories, the Consortium may temporarily suspend or delete his/her account without prior notice:
Regardless of the reason, a User will no longer be able to use this Service and the Associated Services connected to his/her account if the account has been deleted. The account cannot be recovered, even if a User has accidentally deleted it. A User who wishes to use this Service again is required to register again. The User will be responsible for all disadvantages that may result from the deletion of his/her account unless the Consortium takes special measures.
The Consortium shall handle Registered Information and History Information (as provided in Paragraph 3 below) in accordance with these Terms (including related guidelines and documents) and relevant laws (including guidelines for economic and industrial areas concerning the Act on the Protection of Personal Information).
To use this Service, the User must provide the following information (referred to here as “Registered Information”):
The User is also requested to provide the following information on a voluntary basis:
The Consortium may collect the following information (collectively “History Information”) when providing this Service:
Registered Information and History Information are used for the following purposes:
To improve the stability of Satsu-chika App, the Consortium may collect information about its start-up, crashing, restoration and other events (“App Status Information”) from the User. The Consortium shall not use obtained App Status Information for other reasons than to analyze the information and improve the App, nor shall it disclose the information to any third parties in a personally identifiable manner. The Consortium will send App Status Information to HockeyApp, an information collection module that is part of the Microsoft Azure cloud services offered by Microsoft Corporation in the United States, only to achieve these purposes. For more information on the type of the information to be collected and the purpose of utilization of the collected information, see the privacy statement of the company offering the information collection module (https://privacy.microsoft.com/en-us/PrivacyStatement).
The Consortium will provide such personally unidentifiable information to the Sapporo City Government for the purpose of city center development.
Only the Consortium shall have the right to the Registered Information and History Information that was collected from the User and processed into personally unidentifiable form. The User shall not claim any rights to that information.
If all or part of the handling of the User’s information is entrusted to other parties within the range necessary to achieve the purpose of its utilization, the Consortium shall conclude a non-disclosure agreement with such entrusted parties.
The following types of connections are configured when the User account is connected with Associated Services based on his/her consent:
The User shall, when registering with and using Associated Services via Account Connections, agree to their terms of service before registering with those services. The User shall observe the terms of service for the Associated Services when using such services. The Consortium and this Service shall not be involved in any case of suspending the User account for the Associated Services due to his/her failure to observe the terms, and the Consortium shall not assume any responsibility for such suspension.
Account Connections shall not take place if the User has removed the Account Connections with Associated Services via this Service. The User shall remove the Account Connections based on his/her prior consent.
The User shall contact the Consortium using an inquiry form specified by the Consortium if he/she wishes to request notification, disclosure, correction, addition or removal of the purpose of utilization of personal information, to request suspension of utilization or deletion, and/or to request discontinuation of provision to a third party in accordance with the Act on the Protection of Personal Information or other relevant laws.
The User shall not perform any act that falls or may fall under any of the following categories when using this Service. The Consortium may delete all or part of the User’s Registered Information and History Information without prior notice if it determines that an act of the User falls or may fall under any of these categories.
The Consortium may suspend all or part of this Service without prior notice if any of the following apply:
The Consortium may change all or part of this Service at any time by giving thirty (30) days’ notice to the User if it deems such changes necessary.
The Consortium may terminate the provision of this Service for its own reasons. In such a case, the Consortium shall notify the User of the termination at least thirty (30) days prior to the date of termination.
The Consortium (or the licensors of the Consortium) shall retain Intellectual Property Rights and other rights regarding this Service and its content. Permission of the use of this Service based on these Terms means that the User is allowed to use the Intellectual Property Rights of the Consortium (or the licensors of the Consortium) within, but not beyond, the range specified by these Terms
Regarding the service content provided by the Consortium, the Consortium shall grant the User a non-transferable, non-sublicensable and non-exclusive license only for the use of this Service.
The Consortium may post advertisements of the Consortium or third parties on websites that provide this Service.
It is the User’s responsibility to prepare and maintain the devices, including computers and smartphones, as well as software, communications lines and other communication environments required for the use of this Service. The Consortium does not guarantee that this Service is applicable to all types of devices, and so forth. The User shall be responsible for taking security measures against computer virus infection, unauthorized access, information leaks and other risks according to the environment where this Service is used.
The User shall use this Service under his/her own responsibility, and shall bear full responsibility for all acts related to this Service and the consequences.
The User shall be responsible for resolving any conflicts that may arise in relation to this Service between the User and any third party, and the Consortium shall not assume any responsibility for such conflicts.
If the Consortium suffers direct or indirect damages (including attorney fees) regarding the use of this Service by the User, the User shall immediately compensate for the damages based on the claim of the Consortium. This also applies when the Consortium receives claims from third parties due to the use of this Service by the User.
The Consortium does not guarantee the accuracy, reliability or legality of the functions provided by this Service (e.g., Account Connections and information distribution functions), as well as their fitness for particular purposes and any other matters, although it makes utmost efforts to provide the most up-to-date, accurate information and related functions. Even if the User directly or indirectly obtains information about this Service or other Users from the Consortium, the Consortium does not guarantee the User anything beyond what is stipulated in these Terms. It is the User’s responsibility to investigate whether his/her use of this Service does not violate any applicable laws and regulations or any applicable internal rules of relevant industry organizations, and the Consortium does not guarantee that the use of this Service by the User complies with such provisions.
The Consortium shall not be liable for damages suffered by the User as a result of the conduct of the Consortium in accordance with the provisions of Article 4, Article 6, Article 7, or other provisions, or as a result of the use of this Service by the User unless these are expressly stated in writing. The Consortium shall not bear any liability for damages that may arise when a fire, power failure, natural disaster or other event of force majeure prevents or complicates the provision of this Service, or in cases of non-delivery or delay of notification or contact by the Consortium.
If these Terms correspond to a consumer contract provided for in paragraph 3 of Article 2 of the Consumer Contract Act, and the provisions of these terms that completely exempt the Consortium from whole or partial liability for damages do not apply, the Consortium shall be liable for any damages incurred by the User as a result of default or tort committed by the Consortium or based on warranty against defects, up to a maximum of one (1) year of Service fees actually paid by the User retroactive from the date when the cause of the damages occurred.
If any of the provisions of these Terms or part of a provision is found to be invalid under the Consumer Contract Act or other laws, the remaining provisions or the remaining part of the provision shall continue to be valid, and the provision or part of the provision found to be invalid shall be modified to the extent necessary to make the same valid, and be interpreted to achieve the same purpose and the same legal and economic effect as originally intended for the invalid provision or part thereof.
Any matters not stipulated in these Terms and any questions arising over the interpretation of any of these Terms shall be discussed in good faith and resolved promptly.
Only the Japanese version of these Terms shall be valid, and all versions in other languages shall only serve reference purposes and do not affect the interpretation of these Terms. These Terms shall be governed by the laws of Japan. The Sapporo District Court shall be the exclusive court of first instance with respect to any dispute arising from or in relation to these Terms or this Service.
(Established on October 10, 2017)
(Revised on October 5, 2018)