LILEO Service User Agreement
Section 1: Purpose
- The following User Agreement outlines each of the terms of usage regarding services provided by Lileo ( “Company”) and its website http://www.lileo.jp (herein referred to as the “website”), between users (herein referred to as “Users”) who have signed-up to utilize methods specified by the Company, and the Company.
- Any matter not stipulated in these Terms and Conditions shall be in accordance with Japanese laws and ordinances or common practices.
Section 2: User Registration and Usage Contract
- Services provided by the Company require Users become registered members. Company requires Users provide information (Full Name, e-mail address, Nationality, Gender, and other factors indicated by the Company) in order to register. Users will provide advance consent to disclose certain personal information provided by applicants in question, or otherwise procured by the Company, to delivery companies and third party businesses at the destination of your travels, for purposes other than those outlined in this usage agreement.
- User may cancel their registration of services by following procedures indicated by the Company, by no later than 23:59 (JTZ) seven (7) days prior to the first date of scheduled use of the services of the Company (however, Company will provide separate guidelines on the Site for the duration between December 30 and January 3, which will apply to the following terms as well.).
- User may not patronize the services of the Company unless they have registered at least 7 days in advance of their planned first date of use of the Company’s Services. If User wishes to utilize the service in fewer than 7 days of registration, they are advised to be in contact with the Company directly.
- Company reserves the right to cancel any provision of the Service at any time, and is free from obligation to provide its Services if the Company finds for any reason that providing Services to User is considered inappropriate, regardless of whether the User has successfully registered an account with the Company or made a reservation for Company Services. Moreover, in the case of a cancellation, Company is not required to provide an explanation for the reasons or circumstances under which said cancellation will have gone into effect, and cancellation will be made effective as of communication to that effect to the User in question, from the Company. Any User whose registration has been terminated may not find the Company liable for any damages due to cancellation. Company will not be held responsible for any loss owing to the cancellation.
- When the User has successfully completed registration according to the procedures of the Company, and based on the completion of the application, has applied for usage of Services, User will have been considered as having thoroughly understood all of the contents of this User Service Agreement and agreed to the terms.
Section 3: Description of Services
Section 4: Scope of Use
- In cases where the Registered User of the Services of the Company is not the User themselves, but a third party, User must inform the Company of the third party’s name and any other information requested by the Company, by the time they are reserving services (including any changes to registration for provision of services thereafter).
- Aforementioned condition notwithstanding, and assuming the User assigned to the services of the Company is utilizing Services for themselves, said User may not at any time transfer, assign or loan their qualifications, rights or credits to any third party.
- In cases where the Registered User differs from the actual person or entity utilizing the Services, the Registered User is obligated to inform and confirm comprehension by the physical user of the nature of the Services, the terms of the User Service Agreement and any other matters pertaining to the methods of use of Services. Any damages or loss suffered by any physical user, owing to the incomplete comprehension or acknowledgement of the Services and Terms of Usage, will be entirely the responsibility of the registered User under whose account such Services were provided, and the Company will not be held liable whatsoever for those damages.
Section 5: Information about the Goods and Services Provided on the Homepage of the Company
- The Company will provide information about its rental products as a part of the Company’s Services, however any information displayed regarding said products is only a facsimile or translation of information provided by the manufacturer of the product regarding its materials, allergens, dyes, structure, fabrication, benefits, affects, quality, efficiency, and instructions meant only for the convenience of Users. The Company does not guarantee the product, nor can it speak to the materials, allergens, dyes, structure, fabrication, benefits, affects, quality, efficiency, or how the products conform to specific protocols, beyond the information provided on the Company’s Home Page, and the information or guarantees provided the services provided by the products.
- The Company does not in any way guarantee the accuracy of the information about the products used in the Services provided, or regarding the materials, allergens, dyes, structure, benefits, effects, benefits, quality, efficiency or use instructions. User will choose the product offered in the Company’s services after confirming the descriptions and using their own judgement regarding the product information.The Company urges Users to ascertain particulars about allergens in the product on their own before selecting a product.
- The Company will on occasion provide manufacturer specifications and information about the product from manufacturer’s websites or other third party entities in order to provide the fullest description of the products used in the Company’s Services, but this information is provided solely with the intention of aiding Users in ascertaining the use of the Company’s Services, and cannot be held responsible whatsoever for the thoroughness, accuracy, guarantee, efficiency or specificity or any other issue regarding any matter concerning the information itself.
- The Company in no way guarantees the thoroughness, accuracy, certainty, effectiveness, conformity to a specifications, or any other properties of the information ascertained by the User nor the information obtained through its Services.
Section 7: Security Deposit
- The User will pay a Security Deposit to the Company as indicated separately on the website in order to secure the use of services from the Company at the time of registration to the Company’s Services.
- Causes for forfeiture of the Security Deposit and methods of forfeit and return of Security Deposit as indicated in this Section will be described elsewhere in this User Services Agreement.
Section 8: Rental Insurance
Users, at their own discretion, can elect to purchase insurance against damages requiring compensation from the Company in case rental equipment is damaged by the User. Rental insurance can only be purchased by the User upon stroller rental (invoice date) and is calculated for each day rented. Insurance covers the following damages beyond normal wear and tear:
- Canopy, harness, seat cloths, and other fabric that cannot be cleaned or restored to original condition
- Inner tire and/or tire assembly requiring replacement
- Stroller handle bars are stripped, melted, missing or torn
- Excessive scratches on stroller frame
- Missing bolts, screws, adhesives, rubber and other minor components used as fasteners
- Stroller bag has minor marks and/or scratches
Any other damage beyond normal wear and tear will be subject to additional fees and expenses that may liquidate part or all of the Security Deposit and may incur additional repair fees.
Section 10: Return of Fees in Case of Cancellation of Services
In cases where the User cancels services after making reservations, the Company will return the fees associated with those services, as indicated below. In this situation, the User will be responsible for reasonable costs that arise from the processing of a refund (including, but not limited to, return shipment fees), and the Company by means of deducting the refund fees can process a refund.
- If cancellation is made before 23:59 at least 7 days prior to the start date of the reservation:
- The entirety of the fee paid to the Company will be returned, including the Security Deposit and Insurance fees if applicable. This does not include credit card transaction fees.
- If cancellation is made within fewer than 6 days as of 0:00 prior to the start date of the reservation:
- 70% of the fee paid to the Company will be returned, including the Security Deposit and Insurance fees if applicable. In addition, returned shipping and administrative fees will be charged to the User.
Section 11: Conditions of Rental Equipment
- Strollers sent to the User from the Company as part of its services, and any other products indicated for return on the Company’s checklist (hereafter referred to as “Rental Goods”), are used multiple times. The Company performs inspections and provides only Rental Goods it sees fit for common use, thus; the User acknowledges they enter into agreement for use of services with the full prior understanding that the products may exhibit normal wear and tear.
Section 12: Return of Rental Goods Provided by Company Services
- The Company will deliver goods selected by the User through delivery services entrusted by the company.
- The Company will not be held responsible for any loss or damage or theft occurring in the process of delivery by a courier entrusted by the Company, or in the storage or provision of the products by such courier, including and not limited to situations in which the product indicated in the Company’s Services is found to have been damaged or altered, or else exhibits other problems in efficiency or quality such that the product is no longer usable (hereafter these conditions will be referred to as “defects” or “defective”), or else if said goods are lost or stolen. The User is responsible for communicating directly with the courier or delivery service about any such defects, loss or theft occurring in transit, and any expenses associated with said communication.
Section 13: Receipt of Goods and Change in Services
- User is expected to receive products provided in the Service, at a date and location indicated in advance by the User.
- The Company will deliver the indicated products being rented, to the specified location by the date indicated. To that end, if for some reason the User needs to make changes to the delivery location or date, the User must contact the Company regarding changes to requested services up to at least 7 days prior up to 23:59 (JST). User acknowledges that if changes are made to their reservation within fewer than 7 days prior to the specified first date of use, the Company can charge additional fees as indicated elsewhere in this document.
Section 14: Return of Goods
- User shall contact the Company immediately upon receipt and inspection of the shipped goods, if any defects or errors (including if the wrong product has been sent). Moreover, unless the Company is notified by 0:00 after the specified date and time of receipt, the Company will consider the delivery completed as specified with no such defects or errors.
- If the User does discover a pre-existing defect, and if the defect requires a return to the Company, the Company will immediately replace the product with a product the Company deems to be the same or similar to the requested product, immediately and to the original User-specified location.
- The Company refuses to accept any returns or issue refunds for defective products from Users (including damages caused by the User), for reasons other than the identification of defects as described in part 1 of this section.
Section 15: User Guidelines to Rental Products
- Users shall use, store and otherwise handle rental items in accordance with the manufacturer specifications, and with due consideration.
- In the event of damage to rental items due to malfunction, stain, damage, loss, theft, or other issues, the user shall immediately note the time and place of occurrence of the damage, as well as a description of the damage. If the rental item has been stolen, the User is expected to immediately report the theft to the local authorities.
- In the event of any occurrence of damage as described in the preceding section, and unless otherwise specified in this Terms of Service, the User shall recoup all of the damages as specified in this User Service Agreement, or by means separately specified by the Company.
- When renting products, the shipment will include a return shipment label, which the User will be responsible for keeping until the time to return the product.
- User is expected to package the product for return using the same packaging the product was delivered in. User is responsible for safeguarding the delivery packaging and return shipment label at their own discretion. In the unlikely event that the packaging materials are damaged, lost or stolen, the user shall be responsible for finding their own packing materials suitable for delivery by a shipping company. Furthermore, if User loses or damages the shipping label, User will prepare alternative shipping forms and necessary items. The Company can prepare alternative packing materials, as well, on the condition that the User will pay the costs specified by the Company.
Section 16: Return of Rental Products
- The User shall be responsible for packing the rented items in the original packaging shipped by the Company and delivering the item with the proper return shipping label sent by the Company, to a pickup location appointed by the courier service by the appointed time as indicated by the User at the time of rental (hereafter referred to as the “Due Date”), by means of their own choosing or agreed upon by the courier service.
- The return will be considered final once the return procedure as indicated by the User and confirmed by the Company has been completed as indicated in the previous paragraph.
Section 17: Delays in Returns
- If the User is unable to return the rental items by the indicated due date, User will be charged the daily rate for the rental item for each day that its return is delayed, no matter the cause for delay.
- Notwithstanding the preceding paragraph, if the User does not return the rental within 5 days of the Due Date, the Company will charge the User for the full amount of the Manufacturer’s Suggested Retail Price (MSRP) in Japan. If and only when the User directly contacts the Company within 5 days of the Due Date will the Company consider deferring late fees until such time as the User and Company can agree to a return of the rental item.
Section 18: Return and Liquidation of Deposit
- After termination of Services, and only under the following conditions will the Company deduct from the User’s Security Deposit; deducting or returning any remaining funds to the User using a processing company of the Company’s choosing. Any nominal expenses incurred in the process of delivering funds shall be borne by the user, but depending on the method of deduction of these fees, the Company may reimburse the User. Conditions for Liquidation of Deposit and Associated Fees:
- Any return of the rental item having beyond wear and tear damage not caused by reasons attributable to misuse or negligence on the part of the User, will incur: Repair Fees (however, if repairs are deemed impossible or too difficult for the Company, the Company will then require payment commensurate with the MSRP of an equal or similar product to the rental item). These fees include parts and labor required to restore the rental item to its prior condition.
- MSRP of an equal or similar product to the rental item in cases of theft, regardless of the User’s complicity in the theft.
- If the Company or any third party entities associated with the Company suffer any loss or damage not described above will be charged at a rate determined within reason by the Company.
- If the User has elected for insurance coverage, and the conditions outlined in the terms of that coverage, will not be included in the invoice for liquidation based on conditions and fees noted in Paragraph 1 above.
- Fees / expenses in excess of the Security Deposit amount will be charged to the User and the User will be responsible for paying those fees to the Company according to methods indicated by them.
Section 20: Changing User Information
- Users who wish to change the required information for registering to the Company’s Services, may do so following instructions on the Company’s website, or through other methods as indicated by the Company.
- If communications do not reach or are delayed in reaching the User, because the above measures to update contact information were not taken, the Company will assume that notifications, emails, documents and other transmissions it has sent will have been received. However, the Company recognizes that there may be unavoidable circumstances faced by the User that prevent them from notifying the Company of said changes in contact information.
Section 21: Sharing and Using User information
- To confirm user identity and communicate with User.
- For third party partners the Company uses to render required services (including couriers and payment processing partners who need User Information to fulfill their duties pertaining to Company services.
- In order to effectively execute services and administer the terms of the Service Agreement.
- To effect communication and management of the legal terms even after termination of services, for regulatory reasons.
- To manage the actual services rendered to the User.
- For the Company’s own market research and Product Development purposes.
- To deliver surveys and important information to User.
- The Company shall not be held responsible for damages or loss caused by the unforeseen leaks of User Information beyond the control of reasonable security measures taken by the Company.
Section 22: Termination of the Terms of Services Agreement
- The Company may suspend or cancel its Services Agreement if the User violates any of the terms of this Agreement, or other agreements made with the Company. In addition, the Company’s contacting the User about services notwithstanding, the Company will suspend or cancel the Agreement at its discretion, regardless of whether there has any communication after the stated terms of service.
- Pursuant to the above conditions, the Company will not be held responsible for any damages caused by the suspension or termination of agreement, or cancellation of services (including fees associated with the rendering of services, consolation fees, or other nominal fees). Moreover, User shall indemnify the Company of all damages.
- The Company may decide on its own to suspend or cancel its services if it determines that changes of which the User has notified the Company, pose a serious operations issue.
- User registration may be suspended or canceled without any notification for the following reasons:
- Non-compliance to laws and regulations of administration guidelines; commit or abet in the commission of an illegal act, or acts against good public conduct.
- Attempts to defraud or intimidate anyone in the Company, other Registered Users or parties to third party affiliates of the Company.
- Violation of the rights to intellectual property, privacy, portrayal, or slander, and other attempts to diminish the rights or revenues of the Company, other Registered Users or parties to Third Party Affiliates.
- If the Company learns that the User has been denied or refused registration in the past, or if User has demonstrated inability to observe the Terms of Service previously.
- Hindering the operation of services by the Company.
- If it is discovered the User has registered false information in the User Registration portal.
- Any other User behavior the Company determines is unacceptable.
- The Company is permitted to investigate or monitor the matters specified in each item of the preceding paragraph as necessary, and if determined to be in conflict with these terms, the Company can cancel or suspend the Service Agreement at their discretion. Furthermore, the Company does not assume any obligation or responsibility to the User regarding these conditions, nor will the Company be held responsible for any damages caused by the Company’s refusing to act on these conditions.
- The User may not, in cases of suspension or cancellation of services based on these conditions, raise objection to the Company, and the Company will not be held responsible for any liabilities arising from those conditions.
Section 25: Login ID and Password Maintenance
- User is expected to use caution when using and maintaining their login ID and password and the information provided by the Company regarding its services. They cannot share or convey their user ID or password to third parties.
- In the event a third party has unauthorized access to a User’s login ID and password, the User shall notify the Company immediately.
- Regardless of intent or negligence, if a third party has gained access to a User’s account information through the Company’s website using the User’s ID and password, the Company will not bear any responsibility with regard to any damage (including but not limited to damages based on fraudulent use by the third party, etc.) caused.
Section 26: Product Usage Disclaimer
- The Company does not take any responsibility for physical damage, mental damage, or any other damage based on the services provided to the User regarding the products materials allergens, features, shapes, effects, indications, quality, performance, usage methods and any other matter, any damage caused by products nor the manufacturer’s explanation, display, advertisement or publicity for the product, the shape of the product, anything originated from or provided by the manufacturer. In the unlikely event that any kind of damage is incurred by the user, the user shall contact the manufacturer of the product at his or her discretion, for requests and other necessary matters. The Company will not be held responsible for these matters on behalf of the User.
Section 27: Product Delivery Disclaimer
- Delivery of products provide by the Company’s services will be delegated to courier services indicated by the Company. The Company will not be held responsible for any defects, damages, loss or alterations made to the products that stems from the services of the courier.
- The User acknowledges that delivery date/time and location may be affected by unforeseen reasons including but not limited to hours of business and the scope of services provided by the courier.
Section 28: User’s Responsibilities
- Pursuant to the terms of services as outlined in this Services Agreement for use of the Company’s services (including the use of purchased and rented products), the User will be held responsible for any damage or loss they experience using the Company’s services. The Company is released from liability for any responsibility of any damage or loss.
- In case of any loss or damage not explicitly falling under the purview of Company responsibility per this Services Agreement, User shall be responsible for dealing directly with the party or entity that has caused the damage. Any negotiation of liability or pursuit of damages shall be carried out by the User. The Company hereby notifies in advance, of the fact that it will not become involved or acknowledge such issues.
Section 29: Company’s Scope of Damages
- The Company will be held responsible only for damages as stipulated explicitly by the Company under these Terms and Conditions as falling under the purview of the Company’s responsibility.
Section 30: Disqualification Due to Force Majeure
- Company is exempt from responsibility to the Terms of Services as described, in the event that the Company (or third parties entrusted by us to fulfill responsibilities attributable to Company), faces unforeseeable circumstances that make it impossible or extremely difficult to provide full services. Unforeseeable disasters include but are not limited to war, riots, fire, explosion, hurricanes and earthquakes, as well as any disaster that causes disruption or disabling of communication or system functionality, such as blackouts, or changes in electricity outage.
- Company is exempt from responsibility of the following: (a) interruption, termination, unavailability or change of the provision of this site or this service, (b) deletion or disappearance of information provided by the user to this site or this service, (c) loss of data due to the use of this service or the malfunction or damage of equipment, (d) any other damages to the User concerning this site or this service.
Section 31: Attribution of Rights
- Company website, all content associated with the site (including but not limited to copywriting, software, company name, logo, images, figures or video, as well as anything mentioned hereafter), patents, trademark rights and intellectual property rights including copyright and all other rights are all attributed to the Company. Under the terms of this agreement, the use of Company site or the services of the Company by Users does not in any way whatsoever imply an attribution of rights to the User.
- Users are prohibited from the publication, distribution, modification or any other use of editorial content including but not limited to copywriting, images, logos, all other information and contents posted on this site without prior consent of the Company. Furthermore, User cannot reproduce or use any of the Company’s creative assets without the explicit prior consent of the Company, except in limited use for communication and promotional reasons as agreed upon by the Company.
- Insofar as User is contributing information to the Company website for registration or social networking, they are afforded certain legal rights regarding the provision of the site. User in turn warrants that no information they provide to the Site that they are within rights to contribute the information and that the information does not cause injury to any third parties.
- Any information provided by the User that is not necessary to establish an account or register to the Company, is considered a contribution to the Company and exempt from compensation, and furthermore is submitted for non-exclusive use on the Company’s website, by the Company, or any person designated by the Company, both domestically and overseas, without any restriction to the license of use. This includes User’s copyright, and claims to distribution, creation, display, publication, adaptation, permission and demonstration rights on copyrighted works, and any other rights, including promotion activities and redistribution of such information through any media, including sublicense rights.
- Even if User has a moral right over the information they provide to Company or to parties designated by the Company, they shall not exercise such rights over the information they provide.
Section 32: Access to License and Site
- User is granted retractable and non-exclusive rights to display Company website as a hyperlink in a form that can not be misunderstood by a third party. In addition, if and when User is allowed to use Company logo and other symbols indicating Company. However, the Company prohibits absolutely the exercise of such rights in such a way as to slander or mislabel the goods and services offered by our company and our affiliates. In addition, Company reserves the right to cancel or withdraw the granting of rights to such user at Company’s discretion and without any prior notice.
- User is prohibited from downloading or extracting parts or the whole of Company’s website content (save for purposes of saving reservation and user information for personal reference). User is also prohibited from modifying any part of the website without explicit consent from the Company, nor can they use the website’s content in any way outside of the scope outlined in Part 1 of this Section.
- User is prohibited from conducting security assessments of Company websites such as using security scanners or penetration tools to identify or exploit technical or process vulnerabilities.
- Company is able to conduct audits and thorough reviews of the Website and its Services for any illegal or inappropriate use.
Section 33: Revision to Content Submission, Reviews, Comments, etc.
- User is to use discretion when submitting any information, content, messages, comments, reviews, images or sound excerpts to the Company’s site or Company social media platforms, as these assets can be viewed and used by third parties. Moreover, User maintains responsibility over the content of any information or asset they willingly submit, and Company is exempt for any responsibility, including cases where the content is considered illegal or inappropriate.
- User is allowed to cancel or modify the submission of any content they provided to the Company at their own discretion, indemnifying the Company of damage caused by the handling or managing of media submitted to the Company or on the Company’s social media platforms.
Section 34: Revision of Contract
- The Company will reimburse any fees associated with the expired Terms of Services Agreement upon revision, at their own discretion. In the event of a reimbursement pursuant to a revision, new fee schedules will go into effect as of Agreement to the new Terms of Services.
- Company will notify Users of any changes to the Terms of Services Agreement through its site, and through email or other mode of communication indicated by the User at the time of registration.
Section 35: Governing Law
- This Agreement shall be governed by and construed in accordance with the laws of Japan.
Section 36: Court of Jurisdiction
- In the event of dispute between Company and User regarding the use of this service and this Agreement (including any agreements incidental or related to the Terms of Service Agreement), we may request the Tokyo District Court. Any lawsuit occurring during the terms of services must be settled in arbitration proceedings in Japan.
Section 37: Priority of Application
This Terms of Services Agreement has been prepared in Japanese, shall be considered the original copy, and when there is any item contradicting or conflicting with versions in any other language, Company and User agree to refer to the Japanese original.
Section 38: Independence of Articles
- In the event that a provision of this Terms of Services Agreement is deemed to be inappropriate, invalid or unenforceable; or where a provision of these Terms of Services is deemed to be illegal, invalid or unenforceable for a particular User; even if there is no effect on the legality, validity or enforceability of the other provisions or the legality, effectiveness or enforceability of the provision to other Users; nor if a provision of this Terms of Service is deemed to be inappropriate, invalid or unenforceable under certain circumstances; its legality, effectiveness or enforceability under the circumstances of that provision will not be affected.
- In the event that the amendment or enactment of laws or ordinances fails to achieve the purpose prescribed in a clause of this Terms of Service Agreement, the parties to the Agreement may change that clause in accordance with its purpose, and even if an agreement is not met, the provision will be read and interpreted to achieve its purpose.
Section 39: Complete Agreement
This Terms of Service Agreement constitutes a complete agreement duly caused by the Company and the User, and voids any agreement made previously regardless of subject matter, as implied in advertisements, guidance, Company’s web content or social media.