This English version of these Terms and Conditions shall be for reference purposes only. If there is any inconsistency between the English and the Japanese versions, the Japanese version shall prevail.
Terms and Conditions for PASS Services
Chapter 1 General Provision
Article 1. (Purpose)
These Terms and Conditions for PASS Services (hereafter “Terms and Conditions”) set out various conditions on the use of the PASS Services provided by Liquid Inc. (the “Company”) and shall apply with respect to the use of PASS Services by the Member.
Article 2. (Definitions)
1. In these Terms and Conditions, the following terminology and expressions shall have the meanings defined below:
(1) “Biometric Information” means the fingerprint biometric information of the Member.
(2) “PASS Services” means the services that enable the Member to authenticate themselves at a PASS Member Store and the services to make a payment by means of the following:
(a) Payment by prepaid settlement system (services that enable the Member to make a payment to the maximum of the amount of deposit in advance) (the “Prepaid Settlement Services”)
(b) Payment by credit card (services that enable the Member to make a payment to be debited from the credit card of Members registered in advance) (the “Credit Card Payment Services”)
(c) Direct Debit Payment (services that enable the Member to make a direct debit payment from his/her bank account) (the “Direct Debit Payment Services”)
(d) Services that enable the Member to make a payment by the use of Points in the case where the Member purchases products or receives services at PASS Member Stores (the “Point Services”)
(3) “Member” means an individual who has applied for the PASS Services after having agreed to these Terms and Conditions and for whom the Company has approved membership.
(4) “Liquid Money” means the prepaid payment instrument that is electronic information on monetary value in yen issued to the Member through the procedures prescribed by the Company and which can be used by the Member for the purpose of making payment for goods or services in accordance with the provisions of these Terms and Conditions at the PASS Member Stores.
(5) “PASS Member Store” means a corporation or sole proprietor or its store or other commercial facility that has concluded the PASS Services Usage Agreement with the Company and which, through the use of the PASS Services, provides the PASS Services to the Member.
(6) “Multi-device” means the device installed at PASS Member Stores that contains the necessary function of provision of the PASS Services.
(7) “PASS CARD” means the card which authenticate its Membership.
(8) “Point” means the payment means issued with no charge and used when the Member purchases products or receives services at the PASS Member Stores.
(9) “Member Information” means information of the Member submitted to the Company at the time of registration of PASS Services.
(10) “Issuer” means the issuer of Prepaid Payment Instruments or Points, such as the Company, PASS Member Store or other organization and facilities.
Article 3. (The Registration of PASS Member Services)
1. The Member (in this Article, including a person who intends to apply for membership) will register his/her phone number and other necessary information specified by the Company at the time of registration for the PASS Member Services.
2. The Member agrees that the Company require the Member to upload his/her photograph and other ID with photo specified by the Company according to the requirement of PASS Services.
Article 4. (Prohibition on Unauthorized Use)
1. The Member (in this Article, including a person who intends to apply for membership) shall not register fake Biometric Information; falsification, forgery, or tampering of Biometric Information; or other usage through an improper manner.
2. Once registered at PASS Services, the Member may not register other mobile phone numbers or fingers other than the mobile phone number or fingers registered at the time of initial registration, except for reasonable grounds, such as damage or defacement of a fingerprint or any change to the mobile phone number.
3. The Company may not admit the registration of Members in the event of any of the following:
(1) The Member has registered to the PASS Services with a false Member Information;
(2) The Member has failed to follow the procedure for registration in the manner that the Company designates;
(3) The Member has failed to pay the usage fee for the PASS Services;
(4) The Member has received rejection of registration or any measure of suspension of the PASS Services on the grounds that the Member has violated these Terms and Conditions; or
(5) Other difficulty for the Company performing the duties or such possibilities exists.
4. In the case described in the preceding paragraph, the Company will not accept any responsibility for losses arising from rejection by the Company.
Article 5. (Damage or Defacement of Fingerprint)
Should the Member become unable to use the PASS Services due to damage or defacement of a fingerprint, the Company shall permit the Member to re-register with Biometric Information based on a different fingerprint in place of such damaged or defaced fingerprint.
Article 6. (Collection and Use of Personal Information)
1. The Member (in this Article, including a person who intends to apply for membership of the PASS Services) agrees that the Company may collect and use the following information regarding the Member (“Personal Information”).
(1) Biometric Information;
(2) Registered Information;
(3) Information that the Member has provided at the time of obtaining membership or notified the Company after having obtained the membership:
(4) PASS usage history;
(5) Balance from the first payment regarding PASS Services, monthly payments, and situation in repayment status;
(6) A fact acquired by the Company through the Member’s inquiry regarding PASS Services; and
(7) User ID of Facebook, twitter and other cooperated web services specified by the Company and name, email address, gender, birthday, photos and other personal information registered at the website in the event that the Member enters to access to such website.
2. The Company may use Personal Information for the following purposes:
(1) to provide PASS Services to the Member;
(2) to judge the possibility of adapting PASS Services to the Member;
(3) to develop and provide safe, certain and the best services;
(4) to communicate necessary information regarding PASS Services;
(5) to deliver campaigns, notices of services, and other useful and appropriate information to the Member;
(6) to research and analyze the usage data of PASS services, including other marketing analysis;
(7) to respond appropriately to inquiries, claims, etc. of the Member; and
(8) to cooperate the application of Facebook, twitter and other cooperated web services.
Article 7. (Provision to a Third Party)
The Member agrees in advance that the Company may, to the extent necessary for the appropriate operation and management of the PASS Services, share the Personal Information of the Member other than Biometric Information with the following third parties:
(1) PASS Member Stores; and
(2) Financial institutions, settlement agencies and other third parties engaged by the Company for the purpose of providing PASS Services.
Article 8. (Change of Member Information)
In the case that the Member Information has changed from the information registered at the time of the registration, the Member shall report to the Company through procedures prescribed by the Company.
Article 9. (Provision of Information to PASS Member Stores by the Company)
The Member agrees that the Company decides whether to approve the use of PASS Services when the Member purchases goods at a PASS Member Store or uses the Services and that, in order to communicate the result of the transaction to the PASS Member Store, the Company shares the Member’s Biometric Information, contract date, identity of the PASS Member Store used, identity of goods purchased, prices and other information relating to the use of the Service with the PASS Member Store (including sharing of the information with a third party that the Company judges appropriate).
Article 10 (Access to and Correction of Personal Information)
The Member may, when the Member desires to access his or her Personal Information, correct or modify errors or omissions, request use stoppage, or ask the Company for such measures by notifying the Company at the address indicated at the end of these Terms and Conditions.
Article 11. (Withdrawal and Loss of Membership)
1. The Member may withdraw from the PASS Member Services through procedures prescribed by the Company. In such case, the membership shall expire and the Member will not be able to use the PASS Member Services after the period specified by the Company.
2. The Company may cancel the membership at its discretion in the event of any of the following; in such case, the Company may suspend the use of the PASS Member Services without prior notice:
(1) The Member has falsified, forged, or tampered its Biometric Information or has used the Biometric Information in an improper manner.
(2) The information registered at the time of the registration is different from reality (including cases where the information was accurate at the time of registration, but subsequent changes were not reported to the Company within a reasonable period).
(3) The Member has otherwise violated these Terms and Conditions.
(4) The Company concludes that the Member is unqualified for membership because of the Member’s act equivalent to any of the above.
3. Should the Member die, the membership shall expire and the PASS Member Services shall not be used.
Article 12. (Antisocial Forces)
The Member (including, for the purpose of this article, a person who is applying for the PASS Services) represents and warrants that he/she does not fall under antisocial forces (including cohabitants of antisocial forces) at present and will not fall under antisocial forces in the future.
Article 13. (Unavailability of PASS Services)
The Member will not be able to use the PASS Services in the event of any of the following:
(1) The PASS Services system has stopped in part or in whole, due to the malfunctioning of the PASS Services system, system maintenance, etc;
(2) The Multi-devices or any devices peripheral to the Multi-devices become unusable because of damage, electromagnetic effect, power failure, or other reasons; or
(3) Other unavoidable circumstances exist.
Article 14. (Termination of PASS Services)
The Company may terminate the PASS Services after prior announcement to the Member in a manner that the Company designates in the event of any of the following:
(1) Termination of the field demonstration of the PASS Services;
(2) Changes in social conditions and enactment or abolition of laws and regulations; or
(3) Other unavoidable circumstances.
Article 15. (Limitation of Liability)
The Company shall not be liable for any damage or losses incurred by the Member in connection with termination of PASS Services as prescribed in Article 13 or for any other reasons; provided, however, that this shall not apply when such damage or losses are caused by an intentional or grossly negligent act of the Company.
Article 16. (No Assignment or Outsourcing)
1. The Member shall not assign, loan, transfer, or offer as collateral its rights, obligations, or status under these Terms and Conditions in any form to any third parties.
2. The Company may outsource the operations of demanding, collecting, or receiving the monetary claims of the Member under these Terms and Conditions or may transfer the claims to third parties. In such case, the Company may not provide the Member with individualized notice or request for acceptance of transfer of claims.
3. The Company may outsource a part of the operation and management of the PASS Services to third parties.
Article 17. (Amendment)
1. The Company may amend these Terms and Conditions by notifying the Member in advance, in a manner that the Company designates, of the contents of the amendment. Should the Member continue the use of the PASS Services, the Company shall deem that the Member has agreed to the contents of the amendment.
2. Should a period of one (1) month pass after the date of the notice in paragraph 1 above, the Company shall deem that the Member has agreed to such amendment.
Article 18. (Jurisdiction)
Should there arise any dispute between the Company and the Member in connection with the transactions contemplated in these Terms and Conditions, the Member shall submit to the ruling of the summary court or district court having jurisdiction over the head office of the Company in the first instance.
Article 19. (Governing Law)
The existence, effectiveness, performance, and interpretation of these Terms and Conditions shall be governed by the laws of Japan.
Chapter 2 Prepaid Settlement Services
Article 20. (The Use of Prepaid Settlement Services)
1. The Member may use Liquid Money recorded for the purpose of making payment for goods or services to PASS Member Stores when the Member purchases products or receives services at Member Stores. At some Member Stores, however, Liquid Money may not be accepted as payment for certain goods or services.
2. When the Member pays for the goods or services using Prepaid Settlement Services at a PASS Member Store, the payment to the PASS Member Store will be made at the time of the input of the price for the goods or services into the PASS Member Store’s Terminal with its Fingerprint or PASS CARD.
3. In the case described in the preceding paragraph, the transfer of Liquid Money from the Member’s balance to the Terminal at the PASS Member Store will be completed when the Terminal displays that the payment is completed, and this causes a transfer of money in the amount equal to the amount of transferred Liquid Money.
4. The Member is expected to check for any errors in the information of the balance of Liquid Money displayed on the Terminal. If there is an error, the Member is expected to promptly notify the PASS Member Store. Should the Member not notify the PASS Member Store, the Member shall be deemed to approve the balance of Liquid Money displayed on the Terminal.
5. The Member shall resolve all problems that may arise between the Member and the PASS Member Store regarding transactions between them, including but not limited to defects or flaws in the goods or services purchased from, by way of Prepaid Settlement Services, or provided by the PASS Member Store.
6. The Company shall not be responsible for any problems that may arise between the Member and the PASS Member Stores.
7. After the transfer of Liquid Money as described in this article, the Member may not claim nullification or cancellation of the transfer against the Company or the PASS Member Store, even if the transaction for the purchase or receipt of the goods or services that constituted the grounds for the transfer between the Member and the PASS Member Store is found to be null and void, revoked, or canceled. In such an event, settlement between the Member and the PASS Member Store will be completed by cash.
Article 20. (Amendment of Registered Information)
Should a Member make any amendment of registered information, such as telephone number, the Member shall report the information following the method prescribed by the Company.
Article 21. (Charge)
The Member may charge Liquid Money up to a maximum of 50,000 yen per Member at the PASS Registered Facilities or the PASS Member Stores designated by the Company; provided, however, that the maximum may vary with the Registered Facilities.
Article 22. (Expiration Date of Liquid Money)
There is no limitation on the valid term of Liquid Money.
Article 23. (Refund for Liquid Money)
The Member may request a refund of Liquid Money from the Company only in the event that the Company validates and approves the refund. In the event of a refund for Liquid Money, the Company may charge a fee predetermined by the Company.
Article 24. (Refund at termination)
In the event of termination of PASS Services under Article 11 of these Terms and Conditions, the Member may request a refund of Liquid Money from the Company following the method prescribed by the Company. The Member shall agree that he/she shall be considered to have surrendered any claim of a refund should two years have passed since the Company terminated PASS by Liquid Services.
Chapter 3 Credit Card Payment Services
Article 25. (The Use of Credit Card Payment Services)
The Member may use Credit Card Payment Services to pay PASS Member Stores for goods and services when the Member purchases products or receives services at the PASS Member Store. At some PASS Member Stores, however, Credit Card Payment Services may not be accepted as payment for certain goods or services.
Article 26. (Settlement of Credit Card Payment Services)
In the case described in the preceding paragraph, the settlement is made between the Member and the PASS Member Store according to the Terms and Conditions stipulated by such credit card company or other brand administrators that have been registered at the time of registration for PASS Services.
Article 27. (Registration of Information relating to Credit Card)
1. The Member registers his/her own credit card information in the personalized page on the PASS website. The Member is not allowed to register the credit card under any name other than that of the Member.
2. The Member is able to use settlement services by the using a credit card with Biometric Information, after the registration of credit card information as described in the previous preceding paragraph.
Chapter 4 Direct Debit Payment Services
Article 28. (Use of Direct Debit Payment Services)
The Member shall have its own bank account to use Direct Debit Payment Services, provided, however that the Member agrees in advance that there are some financial institutions where the Member could not use Direct Debit Payment Services.
Article 29. (Use of Direct Debit Payment Services)
1. The Member shall access to my page specified by the Company and apply for the Direct Debit Payment Services.
2. The Member shall choose its own bank account and shall fill out the necessary information for the Direct Debit Payment Services at the time of registration.
3. The Member may register only one bank account and have to carry out the procedures prescribed by the Company in order to change the bank account.
Article 30. (Implementation)
The Member shall keep the amount of money equivalent to the usage amount by Direct Debit Payment Services at its own bank account by the implementation date of Direct Debit Payment Services.
Article 31. (Payment Method for Charges)
1. Should the Member unable to make a payment through the Direct Debit Payment Services at the implementation date of the Direct Debit Payment Services, the Member shall be responsible for the delay in performance after the implementation date.
2. The Member shall pay the delay damages calculated at an annual 6% to the usage amount by Direct Debit Payment Services and payment fees should the Member unable to make a payment through the Direct Debit Payment Services.
Chapter 5 Point Service
Article 32 (Content of Point Service)
Point Service shall mean such service that, when a Member uses an issued point, the Issuer will then be able to make payment for the merchandise to an extent separately determined by the Issuer.
Article 33 (Issuance of Points)
1. The Issuer shall determine the matters of the following items for each of the points to be issued. For points issued in connection with PASS Services, the Member shall abide by the following paragraphs.
(1) Type/content of the point to be issued;
(2) Amount that may be appropriated for the payment for merchandise by using the point; and
(3) Valid period of the point.
2. The Issuer shall issue a point after a Member has completed registration at the place of point registration; provided, however, that when applicable to any of the following items or when deemed applicable thereto by the Issuer, the Issuer may opt not to issue a point without offering a reason:
(1) When the Member has completed registration by such means or mode that is in violation of these Point Regulations;
(2) When the Member has completed registration by illegal or dishonest means;
(3) When the Member was subjected to punishment in the past, such as the cancellation of point issuance or deregistration, due to a violation of these Point Regulations; or
(4) Whenever deemed inappropriate by the Issuer to issue a point.
(3) The Issuer shall not exchange points issued to Members for anything other than merchandise or cash for any reason whatsoever.
Article 34 (Use and Management of Points)
1. Members may use points up to the maximum amounts thereof and over a plurality of times.
2. Members shall not use points for any purpose other than payment for merchandise.
3. The Issuer, unless there is any reason attributable to the Issuer, shall not return or reissue points used by a Member or return money paid for merchandise by the use of points.
4. Should the telephone number or other information reported by a Member change, the Member shall notify the Issuer of such a change according to the prescribed method. In addition, only when authentication has become difficult, such as from partial damage or staining of a Member’s Biometric Information, upon request by such Member, after comparing the telephone number and other information, a point shall be reissued. In that case, the necessary information about the Member shall be duly assigned to the reissued membership number after a period prescribed by the Company.
5. For an error in using a point or any disadvantage, damage, or falsification due to use by a third party, the Member shall assume full responsibility, and except for any misconduct or gross negligence on the part of the Issuer, the Issuer shall not assume any responsibility.
6. When found that an issued point has been used by a third party, the Member shall immediately notify the Issuer and shall immediately follow any instructions by the Issuer.
Article 35 (Prohibited Acts Pertaining to Points)
Members may not engage in the following prescribed acts:
(1) Act of assigning coupons to a third party or putting up points as security;
(2) Forgery, alteration, falsification, or other dishonest acts regarding Biometric Information;
(3) Act of allowing a third party to use points; or
(4) Any other acts deemed inappropriate by the Issuer.
Article 36 (Cancellation of Issuance of Points, etc.)
1. When falling under or deemed by the Issuer to fall under any of the following items, the Issuer may, without prior notice to the Member, implement appropriate measures, such as the cancellation of issuance/registration of points held by the Member, and such Member shall comply with said measures. In addition, even after the Member has used points, the Issuer may implement appropriate measures, such as the cancellation of issuance/registration of said points based on this Article.
(1) When it has been found that a Member satisfied the conditions of issuance by means in violation of these Point Regulations;
(2) When it has been found that a Member satisfied the conditions of issuance by illegal or dishonest means;
(3) In addition to in the provisions of the preceding two paragraphs, when a Member has violated these Point Regulations or committed any illegal or dishonest act; or
(4) Whenever the Issuer deems it necessary to take measures considered appropriate by the Issuer, such as the cancellation of issuance/registration of points.
2. If a Member uses a point after the issuance or registration of such point has been cancelled in accordance with the preceding paragraph, the Issuer may charge an amount calculated by adding a late charge of fourteen (14) percent per annum until completion of payment in addition to the price of the merchandise purchased by using said point.
3. In the case indicated in the preceding paragraph, the Issuer may implement measures deemed appropriate by the Issuer, such as cancellation or termination of the sales contract relating to the merchandise for which the point was used.
Article 37 (Expiration of Point)
1. A point shall expire at the end of its valid period.
2. When a Member’s registration has been cancelled, all points held by the Member at the time of cancellation shall expire.
3. When point service has been discontinued, all points held by the Member at the time of discontinuance of point service shall expire.
Article 38 (Restrictions on Use)
1. When a Member falls under any of the following conditions, the Issuer may, without prior notice, restrict the use of the Member’s point service.
(1) When the Member has violated these Regulations;
(2) When the smooth operation of this service or the interests of a third party, including other Members, has been infringed or is deemed by the Issuer to have been infringed because of problems arising between the Member and a third party including other Members; or
(3) When the Issuer deems it appropriate to restrict the use of the point service.
2. Even when the use of point service has been restricted in accordance with the preceding paragraph, the Member receiving the said restrictions on the use of points shall not be exempt from the obligation to pay for merchandise purchased when said restrictions were imposed, and after imposition of the said restrictions, the Member shall be required to immediately pay for the merchandise, to which the Member shall agree in advance.
[Contact for Inquiries]
Service Counter (only available on weekdays 10:00-19:00[except for the year-end and New Year holidays] 10:00-19:)
4th Floor Otemachi Building, 1-6-1 Otemachi, Chiyoda-ku, Tokyo 100-0004 Japan
Notification based on Payment Services Act
|Amount Available for Payment||The maximum balance that can be held is 50,000yen.|
|Effective period or Expiration date||Unlimited.|
|Loctation and contact address of bussiness office or office that handles complaints or inquiries from users||100-0004
Loction: 4th Floor Otemachi Building, 1-6 Otemachi, Chiyoda-ku, Tokyo
Office's name:Liquid,Inc. Customer Service
Tel: +81-03-4530－3002(Japanese) +81-120-022-469 (English)
|Scope of available facilities and location||You can use Liquid Money at our franchise stores.
※Please check the details on our website.
|Cautions on use||"In principle,you can not refund cash.
Due to system failure etc., you may be temporarily unable to use Liquid Money."
|Method for checking the unused balance||On the My Page screen, you can check the unused balance of Liquid Money.|