Terms of service for ecbo cloak users
This terms of service for ecbo cloak users (hereinafter referred to as "the terms of service") stipulates matters that people those who apply for the use of a space (which will be defined in Article 1-1) (hereinafter referred to as "a user (users)") should comply with and the relations of rights and obligations between users and ecbo Inc. (hereinafter referred to as "we") in terms of the use of "ecbo cloak" (hereinafter referred to as "the service" and including a service after changing the name and the content of the service whatever the reason is) that we provide. Please read through all the sentences before consenting to "the terms of service" if you will use the service.
Article 1 (The service)
- This service is to provide users using our website or mobile application (hereinafter referred to as 'platform'), with information regarding available spaces in shops and other venues (hereinafter referred to as 'space'), and the owner responsible for overseeing said space (hereinafter referred to as 'owner'), for storage of luggage and other items.
- ecbo Inc. shall not be directly involved between the actual contract binding made between the user and the owner.The company is solely responsible for providing information regarding open space and the responsible owner only.
- Users and Owners agree to form a mutual, deposition contract (hereinafter referred to as a 'luggage storage contract') to store portable luggage, bicycles and other items deemed as acceptable luggage. ecbo Inc. and the User is not directly tied under any contractual obligations. Any terms & agreements made between the User and Owner shall oversee all others terms made within this Terms & Conditions, excluding those concerning the company's intellectual and property rights
- All pricings and service instructions are as explained on the platform, and ecbo Inc. shall assume that all registered users agree to and understand the information provided.
- Fees for use may vary according to the period and the operational status.
- All prices regarding the usage of our service shall be shown individually on each owner's space page. All overstay fees and cancellation fees shall be shown this way as well.
- Users agree to register credit card information specified by ecbo Inc, and make payments regarding space reservations, cancellation fees and overstay fees as mentioned on the owner's individual pages when due. In case payment by credit card cannot be confirmed, the user shall complete payment under specifications from ecbo Inc.
- Users agree that ecbo Inc. shall hold the right to temporarily accept and handle all payments made by the user, on behalf of the owner. Any pending payments for the owner by the user shall be lifted when ecbo Inc receives payment from the user.
- All help articles and rules listed on our platform is deemed to be a part of our terms and conditions, and is to be treated as such.
- Owners shall hold the right to check the contents of all luggage deposited by the user. Should the user object to this, the owner has the right to refuse said luggage from storage. ecbo Inc. shall not be responsible for any losses or trouble that occurs from refusal of service by the owner.
- Users agree in case the owner suspects that a user's luggage violates Japanese law or other terms and conditions set by ecbo Inc, owners hold the right to inspect the contents of users' luggage, contact lawful authorities and carry out other necessary actions for lawful procedures. ecbo Inc. and owners shall not be held responsible for any losses sustained by the user as a result of the actions stated above.
- Users shall announce and warrant other users and owners that the user has sole ownership on any luggage placed inside a space and has the right of disposal as well.
- Users shall not use a reserved space longer than the designated period, and agrees to retrieve luggage within said period. Users agree that in case the duration of luggage storage surpasses the designated period, users will be held responsible for all overstay charges that occur and that the luggage be moved from the reserved space to a location specified under ecbo Inc.
- A luggage storage agreement between users and owners shall be in effect when the user registers a space for use, under the terms and conditions set upon by ecbo Inc.
- Damage shall be paid within the range which compensates a user as the insured of a damage insurance as for the damage caused to a baggage due to accidents such as fouling and break in a period when a user uses a space designated between a user and a space provider in use of the service. A user shall consent that we have the right regarding receipt of premium of a damage insurance for a user that we have agreement with as the insured.
Article 2 (Consent to the terms of service)
- Users, upon agreeing to the terms and conditions, also agree to use the service according to the terms and conditions, and is deemed to have consented to this upon usage of the service.
Article 3 (Users' registration)
- A person who intends to register as a user shall register. Others shall not be allowed to do that.
- User information and other necessary information (hereinafter referred to as 'user information') shall be entered correctly. Users shall not purposefully enter false information.
- A user shall register user's correct information all the time and have obligation to change and manage such information.
- In relation to the previous article, a user shall renew information right away in case a user has some change in user's information and others.
- ecbo Inc. shall not be responsible for any losses or damages sustained by the user resulting from the lack of providing user information.
- Renewed information shall be applicable at the time when a user changes and manages registered user's information and others and we accept the renewal, and it shall not have retroactive effect.
- ecbo Inc. shall not be responsible for any losses or damages sustained by the user upon registration.
- Those wishing to use this service agrees to the terms and conditions, and agrees to register as a new user. Those that are accepted by ecbo Inc. is deemed as a user by ecbo Inc. However, those who fall under the conditions set below will not be able to register as a user. If users are deemed to fall under the said conditions after registration, ecbo Inc. holds the right to terminate user registration without notice, and users will not be allowed to challenge this in any way including legal.
a. Those who provided false information upon registration, or/and have not entered all information fields as required by ecbo Inc;
b. Those who are part of an organized crime group or those who have ties to, and organized crime group including financially and is deemed to be involved directly or indirectly in criminal activities;
c. Those who are deemed a violation to our terms and conditions;
d. A person who is applicable to either of a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained consent from a legal representative, a guardian, a curator or an assistant.
e. Those who ecbo Inc. deems as inappropriate for the service;
- Cancellation of user's information
a. Users who fall under the conditions set below or if ecbo Inc. deems a user falls under said conditions, ecbo Inc. holds the right to terminate user registration and block access to the platform without notice.
b. In case a user is perceived to have offended statutes (including laws, orders, ordinances and rules) and the terms of service
c. In case a wrongful act is perceived
d. In case we judge that information registered by a user is a false one
e. In case a user causes trouble to us, other users or a third party regardless of good will, malicious intent, fault or no fault
f. In case payment is stopped or a user becomes insolvent, or there are petitions for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or commencement of related proceedings/ In case a user receives a disposition to delinquency of tax and dues/ In case there are petitions for seizure, provisional seizure, provisional disposition, compulsory execution and auctions/ In case a registered credit card cannot be used
g. In case a user dies or judged to start to be guarded, curated or assisted
h. In case a user doesn't use this service for more than twelve (12) months and respond to us
i. In case ecbo Inc. decides that termination of an user account is justified;
j. In case user account is terminated according to the terms and conditions, all information regarding the user will be partially or fully deleted and the user may be barred from using the service permanently. ecbo Inc. holds the right to do this without any prior notice and will have no obligation to notify users.
k. In case users fall under any of the conditions set above, users shall forfeit the benefit of time in relation to the total amount of financial obligation, and will be required to make payments for any financial obligations to ecbo Inc. immediately. ecbo Inc. holds the right to sue for compensation and damages alongside this payment.
l. ecbo Inc. shall not be responsible, neither directly or indirectly, for any losses or damages sustained by the user resulting from user termination.
- A user may cancel a user's registration by notifying us of it by the way we designate at least 10 working days before provided, however, that a user has debts to us or a space provider.
Article 4 (A user' ID and a Password)
- Management of a mail address that is used for use of the service (hereinafter referred to as "a user's ID) and a password
a. A user shall take responsibility for management and use of a user's ID and a password.
b. A user shall not let any third party use a user's ID and a password whatever the reason may be. A user may not dispose of a user ID or a password to a third party whichever way it may be, whether use, transfer, buy and sell, pawn, loan or lease.
c. In case a user ID or a user password is found to be used by a third party, all actions made upon the platform shall be deemed as actions made by the user. Any losses or damages sustained from a result of this will be covered by the user, regardless of goodwill or malicious intent.
- Leak of a user's ID and a password
a. If a user leaks information on a user's ID and a password to a third party, please contact us immediately. We will suspend or eliminate the relevant user's ID or the password.
b. All damages caused by leak of information shall be covered by the relevant user, and we shall not take any responsibility for it in principle provided, however, that a user' ID and a password is leaked to a third party due to our intentional acts or acts of gross negligence.
Article 5 (Prohibited Acts)
- We shall prohibit acts which are applicable the following prohibited matters by a user who has used the service.
a. Prohibited acts against the terms of service
b. Acts of storing items belonging to another person (exceptions made when authorization is already obtained from the person and agreement for luggage storage contract is reached), dangerous items, live organisms, items with strong odor, decayed items, items prone to transformation or damage, items not packaged safely, items that violate laws and public order, items that requires extreme amount of effort to store, items that do not fit inside the reserved space, and other items that are deemed inappropriate for the reserved space.
c. Any action causing nuisance to the space owner and/or a third party, and the act of using a space against ecbo.Inc's or the owner's direct orders
d. Acts of using a space beyond the use period designated and agreed upon between a space provider and a user
e. Acts against statutes(including laws, orders, ordinances and rules), or acts which promote or are likely to promote legal violation
f. Acts against or likely to be against public order and morality and general knowledge
g. Acts which infringe on or are likely to infringe on our, other users' or a third party's property, privacy, portrait rights or publicity rights
h. Acts to disclose, demand to disclose or publish information which should be confidential to us, other users or a third party
i. Acts to fabricate or eliminate our, other users' or a third party's information
j. Acts to lead us, other users or a third party to other websites
k. Acts to transmit malicious program to us, other users or a third party or try illegal access to other computer system or a network
l. Acts to interrupt the network system related to this service
m. Acts to disclose or publish information acquired in this service without our permission
n. Acts to transmit, post or link to images equivalent to obscenity or child abuse, and other acts to post images, words or other expressions which people feel uncomfortable with
o. Acts equivalent to election campaigns or its related activities, or acts against Public Offices Election Act
p. Acts to write about an account number of a financial institution in a place where multiple users can see
q. Acts to use this service with other user's identity
r. Acts to put a load on a server, or acts to interrupt access or operation of other users
s. Acts to cause problems to operation of use of this service
t. Acts of secondary use or replication of a part or all of the service that is used, diverted, resold, replicated, transmitted, translated, adapted without our permission
u. Acts to use a part or all of the service for the commercial purpose, or acts of pyramiding, multilevel merchandising and other related acts, or acts at the risk of doing these activities
v. Other acts which we judge inappropriate
- In case we judge that a user performs either act stipulated in the previous article, we may take the following measures to the relevant user without prior notice.
a. Elimination of information posted by the relevant user
b. Stop of use of a part or all of the service by the relevant user
c. User registration termination
d. Legal claims for damages and losses sustained by ecbo Inc.
e. Other measures that we judge necessary
- We shall not take any responsibilities for damages for the relevant users due to our taking previous measures, whether directly or indirectly.
- We may use our discretion in suspension of provision of a space regarding to a baggage stipulated in the following sections, and a user shall agree not to make an objection to such judgement.
a. Any luggage that conforms to Article 5-1-2 and Article 5-1-3
b. When a space is judged inappropriate to put a baggage
- If a user is found to conform to Article 3-8 or Article 3-9 or Article 5-1, the owner has the right to terminate the luggage storage contract set between the user and owner. The user shall adhere to this termination without exceptions, and immediately retrieve the stored luggage. ecbo Inc. or the owner shall not be directly or indirectly held responsible for any damages or losses sustained by the user from this act.
Article 6 (Elimination of Contents)
- ecbo Inc. holds the right to change or delete any text, pictures, videos and other forms of data (hereinafter referred to as 'contents') should ecbo Inc. decide that any of the contents in inappropriate for the platform without notice.
- We may also eliminate all the contents posted by a user on a website which provides this service without prior notice based on the stipulation above at our own discretion.
Article 7 (Our Intellectual Property Rights)
- Intellectual property rights such as the copyright regarding this service shall belong to us or a third party, and be protected by copyright acts in Japan and other countries, treaties on copyrights and the neighboring rights, or other laws related to intellectual property rights (hereinafter referred to as "the related laws"). The copyright and other intellectual property rights in this service shall not be transferred or licensed to a viewer or a user of this service.
- The copyright of what is written in this service and other related materials and other intellectual property rights shall belong to us or a third party, and those related materials shall be protected by the related laws.
- A viewer or a user of the service shall not in any way violate copyright and related laws as mentioned in Article 2, and is obligated to comply.
Article 8 (Interruption, Change and Termination of the Service)
- A user may not continue to use this service due to disorders, problems or maintenance of this service. In case we judge that this service should be interrupted, we may do so at our own discretion at any given time.
- We may stop, change (the design, system and others), or suspend and terminate the service to a user or a third party without prior notice at any given time.
- We shall not take any responsibility for damages caused by such unavailability of this service, whether directly or indirectly.
Article 9 (Disclaimers)
- ecbo Inc. cannot prove that harmful content is not included inside our platform. If a problem persists ecbo Inc. cannot promise that the harmful content will swiftly be eliminated. ecbo Inc. shall not be directly or indirectly held responsible for any losses or damage sustained by the user as a result of a virus or other harmful content.
- Users are responsible for readying any devices and services needed to use the platform. ecbo Inc. shall in no way be involved in the setup of users' devices and networks. ecbo Inc. shall not be held responsible for any damage or losses sustained as a result of user device malfunction or user network environment.
- Users shall use this service upon the users' sole judgement of the service's quality, accuracy, lawfulness, safety, legality, and credibility. ecbo Inc. cannot promise a specific result, and will not be directly or indirectly held responsible for any losses or damages sustained by the user as a result of usage of this service.
- The service may provide links to other third-party websites, however these sites are provided solely as a reference tool and ecbo Inc. shall not be responsible for any content present in the linked page. The user also agrees to adhere to the local site rules.
- ecbo.Inc shall not be responsible for any losses or damages sustained by the user as a result of luggage damage, missing or stolen luggage.
- Any deals, communications or disputes that occur between a user, owner and other third-party group shall be concluded within the said group, and ecbo Inc. will not be responsible nor involved without exceptions.
- We shall not guarantee any matters even if we give some advice and a user follows it.
Article 10 (Damages)
- In case a user who sees and uses this service violates the terms of service, such user shall compensate us for the damage incurred.
- In case the Consumer Protection Law or by some other reason (may or may not be according to this terms and conditions) and ecbo Inc. is deemed to be responsible for users' damages and losses, ecbo Inc. shall only be responsible to compensate for the current incident in question and all collected fees from the user spanning back to a 3-month period from the current incident. Exceptions shall be made in cases when ecbo Inc. is heavily responsible.
Article 11 (Dealings for a neglected baggage)
- In case a user luggage is left in a space(hereinafter referred to as 'left luggage') after the designated time agreed upon by the user and owner, the user agrees to pay all necessary overstay fees.
- In case 5 days passes and luggage is not collected, the left luggage will be collected by ecbo Inc. and be stored in a warehouse specified by ecbo Inc. ecbo Inc. will have the right to handle luggage on behalf of the owner. At this point, the contractual obligation between the user and the owner shall end and transfer to an contract between the user and ecbo Inc.
- In case the event mentioned in Article 2 occurs, users agree to be responsible for the shipping fees between the space and the warehouse, and shipping fee from the warehouse, by paying a fee twice the duration of the users' reservation period. （Said duration shall include the original reservation duration and the warehouse storage period until the day of luggage pickup or disposal. ）
- In case luggage warehouse storage period exceeds 30 days, the user agrees to forfeit ownership of luggage and also consent for ecbo Inc. to dispose of the luggage. The user also agrees for ecbo Inc. to dispose of the luggage without checking the contents of the luggage.
- In case any legal action is required from a third party regarding left luggage, including but not limited to the disposal of said luggage, the user shall be held responsible for handling the dispute at the user's cost and will be held reliable for compensation regarding all fees and losses including attorney's fees that ecbo Inc. has to cover.
Article 12 (Cancel Policy)
- In case a user cancels a reservation on the day of use, the user shall be liable to pay the full equivalent amount of the reservation fee as a cancellation fee to the owner.
- In case a user cancels a reservation before the day of use, no cancellation fee will occur.
Article 13 (Regarding treatment of collected user information)
- ecbo Inc. shall have the right to use and disclose all collected user information and data as a statistic, and in a way user personal information is hidden. Users are deemed to consent to this and has no authority to object.
Article 14 (Prohibition of Transfer)
- A user shall not assign, transfer, set collateral of, or dispose of the status held on the terms of service and rights and obligations based on the terms of service to a third party without our prior written permission. A user also shall not transfer ownership of a baggage kept in a space to a third party while we manage such baggage in a space without our prior written permission.
- In case we transfer this service operation (including business transfer, corporate division or any other forms) to a third party, and along with the transfer, we shall be able to transfer status held on the terms of service, rights and obligations based on the terms of service, a user's registration information and other customer's information to an assignee of such transfer, and a user shall be deemed to have consented such transfer beforehand in relation to this section.
Article 15 (Validity Period)
- An agreement made with a user according to the terms of service shall come into force on the day when a user finishes registration and continue to be valid until the day when a user's registration is cancelled or the day when provision of this service is terminated, whichever comes first.
Article 16 (Governing Law and Jurisdiction)
- The governing law of the terms and conditions shall be based on the legal rulings of Japan. ecbo Inc. shall handle any disputes between a user in good faith, however if a dispute is unable to be resolved, The Tokyo District Court or the Tokyo Summary Court shall have the exclusive jurisdiction of the first instance.
Article 17 (Severability)
- Should part of this terms and conditions, fully or partly be deemed as invalid or unable to be processed by the consumer contract act, or any other law in question, the remaining terms and conditions not under effect still shall have full authority regardless.
Article 18 (Change, Addition, Elimination of the Terms of Service)
- We may change, add or eliminate a part or all of the terms of service, its accompanying agreement without prior notice to a user. We also may add a new agreement as needed and a user shall be also liable to comply with it.
- ecbo Inc. shall notify users of any changes, additions, removal of the terms and conditions via the platform and other ways ecbo Inc. deems appropriate. In case a user uses the service or keeps their registration after such a notification, a user shall be deemed to have consented to all the changes made in the terms of service.
- ecbo Inc. shall not be directly or indirectly responsible for any damage or losses sustained by the user as a result of a change in terms and conditions, unless it is deemed that ecbo Inc. was under gross negligence.
- We shall not take any responsibility for the case when our notice or contact hasn't been reached or delayed.